Law Unit 3 Chapter 6-8 Review Flashcards

Question

# Chapter 6: Nature of The Crime what is ATTEMPT? ## Footnote involvement in a crime

Answer 1

The **intention** to commit a crime, even if the crime is *not completed.*

Answer 2

An agreement between two or more people to *carry out an illegal act*, even if the **act has** **not** actually **occurred**.

Answer 3

The *lowest* level in the hierarchy of Canadian courts.

Answer 4

A judicial inquiry to *determine* whether there is **sufficient** **evidence** to put the accused on trial.

Answer 5

The **highest** **civil** and **criminal** **court** in a province; consisting of a trial division and an appeal division. This court has jurisdiction beyond that of lower courts.

Answer 6

A court with the *authority* to **review** **decisions** made by *lower* *courts*

Answer 7

A court that hears cases involving the federal government; consisting of a trial division and appeal division.

Answer 8

The highest court of appeal in Canada: also deals with *constitutional* questions referred to it by the federal government.

Answer 9

Permission to appeal a case from a lower court to a higher court.

Answer 10

A standard of **proof** whereby a defendant's guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant committed the offence.

Answer 11

The court official appointed to *try cases* in a court of law and to **sentence convicted persons.**

Answer 12

A court official who has *less authority* than a judge but can *issue* *warrants* and *perform* other judicial functions.

Answer 13

In criminal court, the ***person*** being **charged** with ***committing*** a criminal offence.

Answer 14

A lawyer on duty in a courtroom or police station to give **free legal advice** to persons arrested or brought before the court.

Answer 15

The *lawyer* who **represents** the defendant's interest.

Answer 16

The lawyer representing the government's interests in prosecuting criminal offenders.

Answer 17

*Information* that tends to **prove** or **disprove** the *elements* of an offence.

Answer 18

The court official who assists the judge in administering oaths and performing other duties.

Answer 19

The court official who records **everything** said in court during a trial.

Answer 20

A typed record of **everything** said in court during a trial.

Answer 21

Handles accused persons who are in custody and helps maintain security in the courtroom.

Answer 22

Responsible for the jury, including summoning, paying, secluding and guarding them.

Answer 23

Court official who assists the sheriff.

Answer 24

Someone who gives evidence, under oath or affirmation, of their knowledge of the circumstances surrounding a crime.

Answer 25

Compelled to appear in court by a subpoena, a court order requiring the witness to appear in court on a certain date to give evidence. Failure of a witness to appear can result in a contempt of court charge for obstructing the course of justice and disobeying the court’s authority.

Answer 26

Committing perjury, knowingly making *false* statements in court while giving evidence, is a **serious offence.** The *maximum* penalty is **14 years** in jail.

Answer 27

a group of 12 people who decide whether the accused is guilty or not guilty. They chosen by the crown and defence from a pool of ordinary citizens. Listen to the trial, consider all the evidence and follow the judge’s instructions about the law. Withdraw to the jury room to deliberate, consider the evidence and decide guilt or innocence.

Answer 28

have to be **18 years old**, Canadian citizens, and a **resident** of the province for at least one year. Publicly elected politicians, lawyers, prison guards, police officers and probation officers **cannot** serve as jurors. People can be exempt from jury duty for **health** and **religious** reasons, financial hardship or if they have served on a jury in the past 2 years. If you wish to be excused from the jury you can apply to the sheriff.

Answer 29

A **group** of *potential* jurors. Selected at random from electoral polling lists.

Answer 30

It is the *first stage* of a criminal trial in which the court clerk* reads the charge* and the **defendant** enters a plea (saying if they are gulity or not) If the plea is **not guilty**, the crown and defence will begin to select jurors from the panel under the supervision of the judge.

Answer 31

In law, a plea is a **defendant's response** to a criminal charge. A defendant may plead *guilty or not guilty.*

Answer 32

the right of the Crown or defence can **exclude** someone from a jury **without** providing a *reason*. - 20 challenges (jurors) for serious cases - 12 if the accused can be sentenced to more than five years - 4 if the sentence is less than five years.

Answer 33

**1**. You get a summons in the mail to appear in court on a specific date and time. **2**. You arrive at court on your summons day and potential jury names are put in a ballot box. **3**. When your name is drawn, you appear in court and face the accused. **4**. The Crown and Defence lawyers get to ask specific questions and may dismiss a potential jury member based on Challenge for Cause (provide a reason , no limits) and Peremptory Challenge (no reason, limited based on the sentence). **5**. Once the jury is selected, they must do a Juror's Oath. **6**. After the oath, they must vote in their foreperson. **7**. Then the judge explains what will take place during the trial. **8**. The trial begins and the jury is responsible for listening to all of the evidence. **9**. At the end of the trial, the judge charges the jury. **10**. The jury will begin their deliberations. **11**. The jury reached a unanimous decision. **12**. The foreperson will present the verdict to the judge.

Answer 34

the right of the Crown or defence to exclude someone from a jury for a particular reason, can be used if they feel that the potential juror has already formed an opinion, cannot physically perform their duties or has been convicted of a serious offence. - Each side has unlimited challenges for cause. - After a juror is accepted as suitable and impartial, the Crown or defence can still reject the juror by using a PEREMPTORY CHALLENGE (exclude someone for no reason)

Answer 35

the Crown’s obligation to **prove the guilt** of the accused and It **is not** for the accused (defendent) to start proving innocence.

Answer 36

- The first questioning of a witness to determine what he or she observed about the crime in question - The second questioning of a witness to test the accuracy of the testimony, performed by the opposing attorney

Answer 37

A request by defense counsel that the judge dismissed the charges against the defendant.

Answer 38

A decision by the judge to withdraw the cases from the jury and enter a verdict of not guilty

Answer 39

To contradict evidence introduced by the opposition

Answer 40

A reply to the opposing sides rebuttal

Answer 41

- Evidence given by a witness based on information from a third party - Testimony given by a witness to proven alleged fact - Indirect evidence that leads to a reasonable inference of the defendant's guilt - Evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offense

Answer 42

- The use of any electronic device to overhear or record communications between two or more people - The interception of telephone Communications - Recording a speaker's oral communication by using an electronic device

Answer 43

A **mini trial** that takes place during a trial *jurors are excluded* while the judge, the Crown, and the defence discuss the admissibility of evidence

Answer 44

The judges explanation to the jurors of how the law applies to the case before them

Answer 45

A jury that cannot reach a unanimous verdict and, consequently, is dismissed from the case

Answer 46

The party that files an appeal

Answer 47

The party that responds to an appeal - ALSO, The person or organization being sued in a legal action, such as a divorce or complaint obsermination

Answer 48

(RCMP) Royal Canadian Mounted Police - they make up the federal police - *may serve as provincial police*

Answer 49

OPP - in rural and unincorporated areas - helps towns with no police force

Answer 50

York Regional Police, Peel Regional Police, Toronto Police Service - policing in towns and cities - funds it's own force

Answer 51

When a crime has been committed, *the first job* of the police is to **collect** all the **evidence** that they can find at the scene - the careful collection, examination, and storage of physical evidence are a vital part of *any criminal investigation*

Answer 52

- the area in which the offence was actually committed - the areas surrounding the centre, where the offender may have been present or may have left evidence

Answer 53

the loss, destruction, or alteration of physical evidence

Answer 54

all the **details** of the *incident*, the victim/caller and relevant address are **entered** in the first instance along with the **time and date**

Answer 55

- use of biochemical and other techniques to analyze evidence - a piece of evidence found at the scene of a crime will often be analyzed by several different methods to get the most information from it. (ex. specific shoe tracks)

Answer 56

- Patterns or marks found on surfaces and caused by various objects such as figures, shoes, tires, blunt objects, etc… - the general attributes of the object (ex. type of tire) - specific and unique of an object (ex. tread wear on a specific tire)

Answer 57

- The unique patterned mark left behind after a fingertip touches an object - formed by natural oils and perspiration on the fingertip. Not visible to the naked eye. - can be observed by the naked eye i.e. coated in blood or grease

Answer 58

paper that records sequence evidence

Answer 59

While police officers are required to ask questions as they investigate a crime, the suspect cannot be forced to answer them.

Answer 60

- The general approach to questioning involves a simple, 4 stage approach where they ask the suspect to describe: 1. The entire incident 2. The period before the offence took place 3. The details of the actual offence 4. The period following the offence

Answer 61

- A criminal case begins with the police formally charging a person with committing an offence. - Once someone has been charged, the police will either arrest or detain the suspect. - The arrest procedure must follow the rules of an arrest in order to be lawful. - The Arrest Procedure - The arresting office must identify them self as a police officer. - They must advise the accused that they are under arrest. - They must inform the accused of the charge and provide a warrant if they have one. - They must touch the accused to indicate that the are in legal custody, and then inform them of their right to counsel.

Answer 62

Appearance Notice: - Is used for most minor criminal offences. The accused is not arrested, but they are served with a notice to appear in court on a certain date. - The accused must sign the notice and be given a copy. - If they fail to appear in court, the police can ask the judge to issue a bench warrant and the accused can be arrested. Arrest with a Warrant: - Is the method used to arrest those accused of more serious indictable offences. - In these cases, the police ask a judge or justice of the peace to issue a summons. - This usually happens when the police expect the accused to appear in court voluntarily. - The summons is delivered by a sheriff or deputy and it informs the accused of the charges and when to appear in court. - Often a summons will include an order to appear at a police station for fingerprinting. Arrest Without a Warrant: - Can only take place in three specific circumstances outlined in section 495 of the Criminal Code. - The police have reasonable grounds to suspect that a person has either committed or is about to commit an indictable offence. - They find the person committing the offence. - They find a person who they believe is named on an existing/outstanding arrest warrant.

Answer 63

Police searches of individuals is an important legal procedure. - In most cases, the police must obtain a warrant before searching places like a residence, an office or a storage area. - The police do not need a warrant to search a person they have just arrested.

Answer 64

- Having the accused photographed. - Having the accused fingerprinted - Having the victim or a witness identify the suspect after viewing several people with similar characteristics. - Photographing and fingerprinting can only be done if a person is charged with an indictable offence.

Answer 65

After an arrest, the police may decide to release the accused until the trial begins. If the police believe that the accused will appear in court voluntarily and will not commit a crime while waiting for their trial to begin, they will be asked to sign a promise to appear.

Answer 66

Bail is the temporary release of a prisoner who posts a sum of money or other security to guarantee his or her appearance in court. Bail hearing must be within 24 hours of an arrest.

Answer 67

- Is when the burden of proof shifts to the defence who must show why bail should be granted. - This happens for murder charges, if the accused is charged with a second offence while out on bail, the charge involves a failure to appear in court, or the charge is trafficking narcotics.

Law Unit 3 Chapter 6-8 Review Flashcards

Chapter 6: The Nature of Crime Chapter 7: The Criminal Court System Chapter 8: Investigation and Arrest