Module 5 pt.1

Question 1

What is Detention?

Answer 1

Any situation where a person is subject to significant physical control or restraint, or when they are legally obligated to cooperate with authorities

Question 2

What are the three types of detention?

Answer 2

Physical restraint, Legal compulsion, and Psychological restraint

Question 3

What is Physical restraint?

Answer 3

The most obvious form of detention involving direct physical control

Question 4

What is legal compulsion?

Answer 4

When a person is under a legal obligation to comply with police orders (eg.pulling over when instructed)

Question 5

What is Psychological restraint?

Answer 5

situations where a reasonable person would feel constrained and compelled to cooperate with the police, even if their is no formal legal obligation

Question 6

What are the 3 types of ways “Psychological restraint” is assessed?

Answer 6

Circumstances of the encounter = was it a preliminary investigation or a focused interrogation?

Nature of police conduct = was it open-ended and friendly or directive and demanding?

Characteristics of the suspect = are they vulnerable due to youth, education level, minority status, etc…

Question 7

Section 9 protects what?

Answer 7

This section protects the right to not be arbitrarily (for no reason) detained or imprisoned

Question 8

What are the two types of Arbitrary detention?

Answer 8

1) no legal authority = when police detain someone without a lawful power to do so

2) exceeding legal authority = when police detain someone under a lawful power but abuse that power

Question 9

What is Investigative Detention?

Answer 9

A common law power allowing police to detain suspects for brief periods for investigative purposes

Question 10

What is a limit of investigative detention?

Answer 10

Police must have a reasonable suspicion that the suspect has committed a crime

Question 11

What does it mean when they say investigative detention has to be a preliminary questioning>

Answer 11

The questions have to be preliminary in nature and not full of interrogation

Question 12

What does it mean when they say investigative detention can include a “frisk search”

Answer 12

Police can conduct a pat-down search for weapons if they believe the suspect poses a safety risk.

Question 13

Section 10 of the charter: Triggered by detention, contains 2 rights, what are they?

Answer 13

10 a) The right to be informed of reasons for detention (must be provided immediately, simple, and renewed if circumstances change)

10 b) The right to retain and instruct council (must be informed of this right without delay)

Question 14

If a detained person requests council, what does the police have to do?

Answer 14

Police must facilitate access to a telephone and provide a reasonable opportunity to contact a lawyer

Question 15

What is the Voluntary Confessions rule?

Answer 15

This rule limits police tactics used to pressure suspects into making incriminating statements or confessions

Question 16

The “operating mind” is a factor for determining voluntariness, what does this mean?

Answer 16

the suspect must have sufficient cognitive capacity to understand what is being communicated and the consequences of their statements

Question 17

“Threats and promises” is a factor for determining voluntariness, what does this mean? what is this called?

Answer 17

Inducements = interrogation involving threats or promises in exchange for a confession

Question 18

The “opression” is a factor for determining voluntariness, what does this mean?

Answer 18

This considers the atmosphere and conditions of the interrogation including:
- length of interrogation
- deprivation of necessities
- use of manipulative or deceptive tactics

Question 19

What five aspects are included in “actus Reus”

Answer 19

Voluntariness
Definition of the act
Omission
Lack of consent
Causation

Question 20

What are the 2 types of Mens rea?

Answer 20

Subjective Fault = the prosecution must prove that the accused was aware of the potential consequences of their actions

Objective fault = the prosecution must prove that a reasonable person would have been aware of the potential consequences

Question 21

In types of criminal defenses, what are the two “negating elements”

Answer 21

Mistake of fact (thought it was sugar not cocaine) and Intoxication

Question 22

What are the three true-defenses

Answer 22

Self-defence
Duress
Provocation

Question 23

Sentences must be __________ to the gravity of the offence and the degree of responsibility of the offender

Answer 23

Proportionate

Question 24

Judges should avoid incarceration unless its necessary for public safety, what is this called?

Answer 24

Restraint

Question 25

Who has exclusive power over criminal law

Answer 25

Parliament in ottowa

Question 26

In _______ offences, prosecutors only have to prove actus reus.

Answer 26

Regulatory offences