Mid Term Flashcards
How are A/R constables remunerated for performing authorized program activities?
A/R are not remunerated for performing authorized program activities. Not entitled to the same benefits as police officers.
What information must you record in your notebook at the beginning of every shift?
- Time and date (on- and off-duty)
- Day of the week
- Shift Assignment,
- patrol area
- call sign
- Partner (name and PIN)
- Weather conditions
What should you do if you accidentally leave a blank page in your notebook?
Cross out the entire page and initial. Make note of the blank page when convenient.
What is a law?
Law is a body of rules recognized and sanctioned by government that regulates the conduct of members of society, making it possible for many different people with many different interests to relate to each other in an equitable and orderly manner.
Differentiate between criminal law and civil law.
CRIMINAL LAW: deals with criminal offences or “crimes.” In Canada, the term “crime” refers to acts or omissions that violate federal laws, such as those set out in the Criminal Code (CC) and other laws, such as the Controlled Drugs and Substances Act (CDSA).
Under Canadian law, a criminal offence differs from offences against provincial or municipal laws.
CIVIL LAW: regulates the relationships between individuals or groups. Cases dealt with under civil law usually involve persons or groups being found liable for something and being ordered to pay a sum of money to another person or group as a form of restitution. For example, if a customer slips, falls, and is injured in a store due to negligence on the part of the storeowner, the case could be dealt with under civil law. Civil law covers such areas as property law, contract law, and torts (civil wrongs, such as assault and battery, and negligence).
The basic differences are that criminal law deal with offences against society, the objective is punishment/rehabilitation, the Crown prosecutes, Criminal procedure applies, only the Crown or court can stop the case, Crown versus accused and the Police deal with criminal problems; while on the other hand, deals with wrongs against individuals, the objective is compensation, the individual prosecutes, civil procedure applies, the individual can stop the case, plaintiff versus defendant, and the police do not deal with civil problems.
Name five principles of common law.
Trial by jury
1. A free man has the right to be judged by his peers.
Presumption of Innocence
i. All accused persons are considered innocent until the contrary is proved.
Burden of Proof
i. The prosecution has the burden of proving the accused’s guilt beyond a reasonable doubt.
Reasonable doubt
i. A case against an accused person must be proved beyond a reasonable doubt; otherwise the accused must be found not guilty. This standard of proof exceeds the civil standard of proof, which is based on a “balance of probabilities.”
Accused’s right to silence
i. The accused has the right to remain silent and cannot be forced to give evidence at trial. This is a safeguard against self-incrimination. An accused may give evidence if he or she wishes.
What is the purpose of the Canadian Charter of Rights and Freedoms?
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
What right is guaranteed under Section 8 of the Charter?
Everyone has the right to be secure against unreasonable search or seizure.
Name three situations that would be encompassed by the term “detention.”
a. Physical detention (Situation where a police officer assumes physical control)
b. Verbal detention (When a police officer assumes control over accused by a demand or direction)
c. Psychological detention (Instances where accused believes there is no choice but to comply)
What is the significance of Section 24(2) of the Charter?
Evidence that was obtained in a manner that infringed or denied any rights or freedoms of the Charter shall be excluded from court proceedings.
Distinguish between indictable, summary, and dual offences.
Indictable offences are the most serious offences and are tried by indictment. Only the federal government may create this classification of offence. Some examples of indictable offences are: Causing death by criminal negligence Murder Aggravated assault Mischief that endangers life Break and enter to a dwelling Robbery Mischief over $5,000 Theft over $5,000 Depending on the offence, maximum penalties can range from life in prison to as low as two years
Summary conviction offences are generally the least serious and may be created by both the federal government and the provinces. All provincial offences are summary conviction offences. Some examples of federal summary conviction offences are: Unlawful assembly Indecent acts Causing disturbance Trespassing at night The maximum penalties available for federal summary conviction offences are laid out in Section 787(1) of the Criminal Code, which states: Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both.
Dual or hybrid offences are offences for which the Crown has the option of proceeding either by summary conviction or by indictment. Only the federal government may create dual offences. Some examples of dual offences are: Operation while impaired Assault Theft under $5,000 Mischief under $5,000 Break and enter to a non-dwelling The Crown usually decides which way to proceed either before the accused appears in court or at the arraignment. The Crown would have specific reasons for proceeding one way or the other.
Define the term “mens rea.”
Commonly referred to as the “guilty mind,” mens rea is the required mental element of a crime, and addresses the question, “What did the accused mean to do?” It is not necessary that the accused intended to commit a crime; it is enough that the accused intended to carry out a particular act that is recognized by law as a crime
Mens rea takes one or more of the following three forms: Intention, Knowledge, and Recklessness.
Distinguish between burden of proof and standard of proof.
- The burden of proof (or responsibility) to prove an accused’s guilt beyond a reasonable doubt rests upon the Crown.
- Whereas standard of proof refers to the level or degree of proof required for a finding of liability. In a criminal prosecution, the standard of proof that the Crown must meet is proof beyond a reasonable doubt. This is a very high level of proof, but it does not mean proof beyond all doubt or absolute proof.
List the facts in issue that must be established in any legal case.
- Date, time, and location of the offence (including jurisdiction).
- Identity of the offender who committed the alleged offence.
- Essential elements of the offence in question.
Define the term “essential elements of the offence.”
The term “essential elements of the offence” refers to the basic components in the definition of the offence, including both the actus reus and mens rea components. These elements are specific to each particular offence and are indicated in the wording of the law that has been violated.
Name three divisions of Provincial Court.
- Criminal
- Youth
- Traffic
- Also (family, small claims)
What does the term “informations” refer to?
- The term “informations” refers to the process of laying a criminal charge against someone involving laying the “information,” which is the document that begins the criminal trial process. An information is a written statement of declaration made on oath before a justice by an “informant” who accuses a person of having committed an offence. The charge is laid once the information has been sworn.
- The document which begins the criminal trial process, an information is a written statement of declaration made on oath before a justice by an “informant” who accuses a person of having committed an offence.
5 Basic common law duties of police constables: PPPEA
- Preserve the peace
- Prevent crime
- Protect life and property
- Enforce the law
- Apprehend offenders
PPPEA
Sir Robert Peel based his policing on 9 general principles:
The basic mission for which the police exist is to prevent crime and disorder.
The ability of the police to perform their duties is dependent upon public approval of police actions.
Police are the public and the public are the police.
- The degree of cooperation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.
- The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action dealing with it.
List the five services provided by police.
- Responding to and investigating current and past crimes
- Detecting crime and apprehending offenders
- Preventing crime
- Preserving and maintaining peace and order
- Protecting persons and property
Name two officer ranks that may be used in both municipal police departments and the RCMP.
Superintendent and Inspector
What does the term “integrated policing model” refer to?
An organizational model based on the principles of information sharing, collaboration, and coordinated planning and response. Ie departments coming together and working together and sharing information and resources.
What is PRIME?
A tool that allows police anywhere in BC to read a report written by any other officer in the province. It provides a uniform reporting format that is used for all incident reports in BC. Police Records Information Management Environment.
Define the term “community policing”
Focus was placed not only on apprehending and punishing offenders but also on addressing risk factors that increase the likelihood of criminal behavior. These new approaches required the participation not only of justice system personnel, but of the entire community. Emphasis was laid on increased decision making at the community level and the use of the community problem-solving approach.
