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#1031 > Legal Studies > Flashcards

Legal Studies Flashcards

1
Q

Define Law
(3 points)

A
  1. A written custom
  2. Established by an authorized governing body
  3. There are consequences for non-compliance
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2
Q

The #1 Rule of Law

A

No one is above the law

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3
Q

What are the Statutory Laws?

A
  1. Federal Legislation
  2. Provincial Legislation
  3. Municipal Bylaws
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4
Q

Give a minimum of 3 examples of Federal Legislation

A

Criminal Code
Youth Criminal Justice Act
Immigration

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5
Q

Give a minimum of 3 examples of Provincial Legislation

A

Gaming, Liquor, & Cannabis Act
Freedom of Information Privacy (FOIP)
Healthcare
Education

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6
Q

Give a minimum of 3 examples of Municipal Bylaws

A

Animal Control
Transportation
Utilities
Public Places

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7
Q

What is the threshold for criminal?

A

99%, beyond a reasonable doubt.

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8
Q

What is the threshold for civil?

A

51%, balance of probabilities

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9
Q

What is the Organization of Courts
(highest to lowest)

A

Supreme Court of Canada
Alberta Court of Appeal
Court of King’s Bench
Provincial Court of Alberta

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10
Q

Alberta Court of Appeal

A

Only hears Alberta appeals from the King’s Bench

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11
Q

Supreme Court of Canada

A

Only hears those that have come up through the system

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12
Q

Court of the King’s Bench

A

Hears indictable offences and appeals from the Provincial Court of Alberta

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13
Q

Provincial Court of Alberta

A

Hears summary offences & indictable offences ONLY if the offender chooses.

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14
Q

Common Law

A

aka “Judge made law” or “Case law”

It is developed through time by Judges following legal precedents, and can change over time.

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15
Q

Criminal Law

A

A federal statute which regulates peoples actions that deals with criminal or quasi-criminal offences.
The goal being to find someone not-guilty or guilty beyond a reasonable doubt (99%).

-State v. Person-

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16
Q

Civil Law

A

Regulates peoples responsibilities towards other people. Its compensation for someone else’s perceived wrong-doing. The goal being not-liable or liable based on the balance of probabilities (51%).

-Person v. Person-

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17
Q

What are the 3 types of offences

A

Summary, Hybrid & Indictable

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18
Q

Indictable Offence

A

The most serious offences. Offenders have a right to choose their mode of trial.

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19
Q

Hybrid Offence

A

The Crown chooses whether to proceed by indictment or summary conviction based on a myriad of factors.

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20
Q

Summary Offence

A

The least serious offences.

Very few pure summary offences.

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21
Q

Define Rights

A

Legal, moral, or social obligation established by the goverment and given to you usually with limitations.
i.e. the right to vote when your over 18 years of age.

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22
Q

Define Freedoms

A

A privilege to live your life without goverment interference.
i.e. freedom to conscience or religion

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23
Q

Fundamental Justice

A

Does the punishment fit the crime?

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24
Q

Charter of Rights and Freedoms Section 1

A

The Saving Provision
Allows laws and restrictions that would otherwise breach the Charters IF it meets a substantial objective AND the law is proportionate to the objective.

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25
Q

Charter of Rights and Freedoms Section 2

A

Fundamental Freedoms
* Freedom of conscience
* Freedom of religion
* Freedom of expression
* Freedom of peaceful assembly
* Freedom of association

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26
Q

Charter of Rights and Freedoms Section 7

A

Life, Liberty, and Security of a Person
Secure right to life, the right to act without restraint, and the right to privacy of body and health.
This also gives everyone the right to full disclosure of any proceedings against them, and the right to a fair trial

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27
Q

Charter of Rights and Freedoms Section 8

A

Search & Seizure
Everyone has the right to be secure against unreasonable searches

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28
Q

Charter of Rights and Freedoms Section 9

A

Detention & Imprisonment
Everyone has the right to not be arbitrarily detained or imprisoned

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29
Q

Charter of Rights and Freedoms Section 10

A

Arrest, Detention, and Right to Counsel
* Everyone has the right to be informed of the reasons
* To retain and instruct counsel and to be informed of that right
* To have validity of the detention by way of Habeas Corpus or be released if the detention is not lawful.

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30
Q

Charter of Rights and Freedoms Section 12

A

Treatment or Punishment
Everyone has the right not to be subjected to cruel and unusual treatment or punishment

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31
Q

Charter of Rights and Freedoms Section 15

A

Everyone is equal before and under the law, and has the right to equal protection and equal benefit of the law without discrimination, in particular, without discrimination based of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Such as discriminating against offenders based on their crimes

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32
Q

Charter of Rights and Freedoms Section 24

A

Enforcement of Guaranteed Rights and Freedoms
1. Acknowledgement
2. Adjournment
3. Exclusion of evidence
4. Released on applications of Habeas Corpus (unlawful arrest)
5.Reduction of sentence
6. Judicial Stay of proceedings

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33
Q

Charter of Rights and Freedoms Section 32

A

Application of Charter
The charter applies to government, both federal and provincial.

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34
Q

What are the three sources of law?

A

Constitution
Statutes & Bylaws
Common Law

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35
Q

What are the 4 C’s of report writing?

A

Clear
Consice
Complete
Correct

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36
Q

What gives us our authority as Correctional Peace Officers?

A

Section 2 of the Criminal Code
Section 10 of the Corrections Act

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37
Q

How does the Criminal Code define Peace Officer?

A

Peace Officer includes (b) a jailer, guard and any other officer of a prison

38
Q

How does the Criminal Code define Prison?

A

includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody

39
Q

Section 10 of the Corrections Act

A

Every employee of the GoA employed in a correctional institution is hereby constituted a peace officer for the purpose of assisting in the enforcement of law and order while in the performance of the employee’s duties.

40
Q

What is our non-legislation authority?

A

COB policy, SOPs, SSOs, & ESOs

41
Q

Where does our authority to search come from?

A

Section 10 of the Correctional Institution Regulation

42
Q

What is the difference between an Oath and an Appointment?

A

An oath is non-legislative, it does not grant powers to arrest or detain.
An appointment is legislative, it outlines your powers. You can be held criminally responsible.

43
Q

Three important questions to ask before exercising your CPO powers

A
  1. Am I on-duty or off-duty?
  2. Am I in an area (centre or escort) where I can enforce my PO Powers?
  3. Is this offence within the legislative authority for me to enforce?
44
Q

YCJA Sentencing Principles (3) and their purpose

A

Rehabilitation
Reintegration
Accountability

Learn to take responsibility for their crimes, develop a psychological well-being and support a reduction in crime.

45
Q

P&P

A

Policy and Procedure
Given to us by ACOB (Custody Operations Branch) that apply to all institutions under this branch.

46
Q

SSO

A

Security Standing Order
Centre-specific. Outlines any issues and procedures with security concerns.

i.e: emergency codes, mechanical restraints

47
Q

SOP

A

Standard Operating Procedure
Centre-specific. Outlines day-to-day routines and procedures that are not security related.

i.e: meals, programs, education.

48
Q

ESO

A

Emergency Standing Order
Outlines procedures for emergency situations

i.e: Major disturbances, riots.

49
Q

KISSS

A

Keep it Short, Simple, and Specific

50
Q

What section of the Correctional Institution Regulations (CIR) compels us to report

A

s. 44 Breach of Rules, etc

51
Q

What section of the Correctional Institution Regulations (CIR) compels us to intervene

A

s. 49 Duty of Employee

52
Q

Required documents for Formal Charge (4)

A
  1. Staff Report
  2. Notice to Offender/Inmate Disciplinary Hearing Procedure
  3. Disciplinary Hearing Report
  4. Charge Circumstance page, including summary of evidence and any witnesses to be presented
53
Q

What are the three levels of administrative discipline

A

Verbal Warning
Violation Report (Sentenced offenders only)
Formal Charge (Referral for Disciplinary Hearing)

54
Q

When does the Disciplinary Hearing happen, as per policy, after a formal charge is laid?

A

48 hours or 3 working days

Both are correct

55
Q

Hearing Adjudicator

A

An independent person who does not work for the Adult Centre Operations.
They are the final decision.

56
Q

Hearing Adjudicator Assistant

A

Typically an Officer of the Centre
They question witnesses
Provide input & clarification regarding charges and centre routines, rules, etc.
Recommendations on sentencing on behalf of the centre

57
Q

Appeal Adjudicator

A

A third-party lawyer that is contracted privately by the Correctional Services Division, completely separate from the Hearing Adjudicator. Conducts a “paper review.”

58
Q

What are 4 of 6 punishments that can be imposed by the Hearing Adjudicator?

A

Reprimand
Loss of privileges
Extra work or duties
Payment to any damage (restitution)
Segregation time for no more than 14 days
Loss of remission (good time), up to 30 days

59
Q

What section of the Correctional Institution Regulations (CIR) is punishments?

A

s. 46 Punishments

60
Q

What section of the Correctional Institution Regulations (CIR) outlines offences for charge?

A

s. 47 When punishment may be imposed

61
Q

Define Ethics

A

Principles that govern a persons behaviour based on societal values, religious or cultural beliefs, or personal choice.

62
Q

Define Ethical Dilemma

A

Unsure of the right thing to do because two or more of your values may be in conflict. There will be harm caused no matter what you do.

63
Q

What are two tests you can use to resolve an ethical dilemma?

A

Media test - How would I feel if my decision made the front page?
Gut test - If it feels wrong, it probably is.

64
Q

Outlines what a CPO cannot do.. Give 4 examples

A

s. 14 Prohibitions Corrections Act

Employs an inmate
Buy from or sell anything to or for an inmate
Have relationships with inmates
Leave or convey an article with the intent of an inmate receiving it that is prohibited by the Correction Institutions

65
Q

Provincial Legislation that grants us our Use of Force?

A

s. 50 Correctional Institution Regulations

66
Q

When do employees have to sign off on Policy and Procedure?

A

Annually or whenever they are changed

67
Q

What federal and provincial legislation give us authority to use force?

A

Criminal Code s. 25
Correctional Institution Regulations s. 50

68
Q

Common Law

A

AKA Judge Made Law
Judge sets a precedent that is subject to change over time

69
Q

Who issues warrants? (3)

A

Justice of the Peace
Provincial Court Judge
King’s Bench Justice

70
Q

3 Common Law Powers to Search

A

Consent Search
Plain View Search
Search Incident to Lawful Arrest

71
Q

Consent Search

A

Voluntary and can be revoked at any time
Of sound mind
Authority to consent (owns the property)
Understands: What they are consenting to
The consequences
They can refuse

72
Q

3 Common Law Powers to Search

A

Consent Search
Plain View Search
Search incident to Lawful Arrest

73
Q

What gives us authority to Search

A

Correctional Institution Regulations s.10

74
Q

What holds us accountable regarding Searches

A

Charter of Rights and Freedoms s. 8

75
Q

3 Types of Evidence

A

Oral, Physical, and Documentary

76
Q

Five steps to Securing a Crime Scene

A
  1. Close off area
  2. Potential Witnesses Identified
  3. Contact Supervisors/Authorities
  4. Document everything
  5. Maintain Integrity of the scene
77
Q

Define Reasonable Expectation of Privacy

A

A right to move freely without suspicion or examination

78
Q

3 Privacy Interests and Provide an example for each

A

Territorial - home, hotel rooms, surrounding areas at home
Information - Medical, Legal
Personal - DNA, Bodily Fluids

79
Q

Who decides on hybrid offense?

A

Crown Prosecutor

80
Q

How do we administer discipline?

A

Progressive Discipline

81
Q

Why do we use progressive discipline?

A

To give an opportunity to learn from their behaviour

82
Q

Define Duty to Act

A

Legislative responsibility to respond

83
Q

Define Warrant

A

A legal document or order given to Peace Officers compelling them to do something

84
Q

Judge Order (JO)

A

For offenders in custody that have a court place/time different from the remanding warrant

85
Q

Form 7

A

Warrant for Arrest

86
Q

Form 19

A

Warrant Remanding a Prisoner

87
Q

Form 8

A

Warrant for Committal (speak to bail)

88
Q

Form 21

A

Warrant of Committal for Convication (sentencing document)

89
Q

Form 11

A

Release Order (pre-trial release)

90
Q

Subpeona

A

A legal document to compel a witness to testify in court with criminal charges if you fail to show

91
Q

Competancy

A

Must be mentally fit, legally permitted, able to recall accurately and communicate it, as well as, able to respond to questions.

92
Q

Compellability

A

After competance has been established, a witness can be compelled to give evidence. Can be forced via subpeona

#1031 (3 decks)

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