Mid term #2 Flashcards
What has the biggest impact on police powers in relation to search and seizure?
The charter of rights and freedoms
What if police had no limits to their powers?
The freedoms that we currently enjoy would cease to exist.
What type of proof is required prior to a criminal trial?
Probable Cause.
What is the court of last resort?
The Supreme Court of Canada,interprets the Charter so the lower courts can apply the principles uniformly across the country.
What does Decisis mean?
Tfhe principle by which higher courts set precedents that lower courts must follow. Behind it is the idea that like cases be treated alike.
What is the standard of proof in a criminal trial and what is this meant to ensure?
Probable Cause, so that individuals who are in fact guilty are punished, not those who are thought to be guilty
Why is it important to charge a jury?
It could lead to an appeal or provide grounds for an appeal.
What does an appeal of a verdict usually require?
A demonstration that there was a legal error at the trial or the discovery of new exculpatory evidence.
What premise does our criminal justice system operate on?
Believe that justice at the sentence must prevail
What does a confession need to be?
Free and Voluntary
Are there any problems with the process of selecting judges?
Political- overtones at both the federal and provincial levels, Government appointed- grease the right wheels of incumbent politicians in order to receive appointments.
Why can sitting judges rarely be as neutral as they should be?
Partisan or Party politics
What are two of the difficulties that crown counsels endures in their job?
Burnout and Impartiality
Why have a preliminary inquiry?
To determine if there is enough evidence to proceed to a criminal trial. To protect the accused from an unnecessary trial.
What can impact a police officer’s discretion?
Research studies have shown that age, gender, length of service, ethnicity, and level of education of patrol officers can all influence.
When can an officer arrest without an arrest warrant?
Catching a person in the act of committing an offence,
Believing on reasonable grounds that a person has committed an indictable offence,
Believing on reasonable grounds that a person is about to commit an indictable offence,
When is it “necessary” in the public interest.
What are the 8 steps of a prosecution?
The plea,
Preliminary Hearing/Inquiry,
The opening statement of the criminal trial,
Trial Evidence,
The closing argument, (if there is a jury…) – The charge to the Jury,
The verdict,
Appeals.
What are the four types of evidence?
Testimony,
Real Evidence,
Direct Evidence,
Circumstantial Evidence.
What other factors might enter a judge’s mind when sentencing an offender?
Home issues,Circumstances of offence, Motivation of offender, Previous Criminal record.
Sentencing is bifurcated. What are the two steps?
Step 1: in or out decision (prison or community),
Step 2: quantum, judge decided how long or how much
What are the three goals of sentencing?
1) utilitarian: general and specific deterrence, rehabilitation and incapacitation
2) retributive: denunciation, retribution 3) restorative
What are some suggested sentencing reforms?
Use more community based sentencing options,
Establish sentencing guidelines,
Decrease discrimination/bias
State some of the obstacles that restrict both women and minorities from becoming involved in policing?
Resistance from old boys or society and they believe women just don’t belong policing (old boys club thinking),
Gender role stereotyping, effect self image and don’t apply ,
Para military culture: most people are not suited for this`
What is the purpose of documentaries like through a blue lens?
Humanzie addiction, scare tactic, show reality of abuse and trauma, show that police are less scary.
