The Police

Question 1

when does a criminal investigation begin?

Answer 1

THE MINUTE the police are AWARE/ INFORMED of a CRIMINAL ACT within the community

Question 2

when does a criminal case begin?

Answer 2

when the police FORMALLY CHARGE the individual(s) with committing an OFFENSE

Question 3

what is an indictable offense?

Answer 3

SERIOUS crimes, ex. murder or rape (violent, heinous).
Tried by a JUDGE or JURY.
2 years to “life” in prison

Question 4

what is a hybrid offense?

Answer 4

LESS SERIOUS crimes that have a SERIOUS COMPONENT, ex. robbery (stealing with a threat of violence).
Tried by a JUDGE or JURY.
2 years less a day in prison

Question 5

what is a summary conviction offense?

Answer 5

MINOR crimes, ex. public nudity, tickets.
Tried by a JUDGE ONLY.
6 months to a year

Question 6

when can the police (formally) question you (3 things)?

Answer 6

if they WITNESS you COMMIT or CONTRIBUTE to a crime, have EVIDENCE suggesting that you have committed a crime, if there is a WARRANT OUT for your arrest

Question 7

what is custody?

Answer 7

to be IN THE CARE or CONTROL of someone in a position of AUTHORITY

Question 8

what is a detention?

Answer 8

to be in the CUSTODY of the POLICE for the purposes of QUESTIONING. your liberty is temporarily suspended (24 hrs.)

Question 9

what is an arrest?

Answer 9

to be OFFICIALLY DEPRIVED of LIBERTY for the purposes of CHARGING the individual with a crime. CRIMINAL CHARGES must be MADE upon arrest. all arrests are detentions, but not all detentions are arrests.

Question 10

what is a charge?

Answer 10

to make a CRIMINAL ACCUSATION AGAINST an individual in order to BRING THEM JUSTICE. ex. ‘charging’ her with attempted robbery

Question 11

what is an indictment?

Answer 11

a FORMAL ACCUSATION (charge) created in ADVANCE of the ARREST. required for felonies and serious crimes. most often INITIATED by a WRIT/ FORMAL WRITTEN STATEMENT

Question 12

when will the police arrest someone?

Answer 12

if they have JUST CAUSE or REASONABLE GROUNDS

Question 13

what does just cause mean?

Answer 13

a JUSTIFIABLE and LAWFUL RATIONALE for an action

Question 14

what are reasonable grounds?

Answer 14

the EVIDENCE or information present would lead a REASONABLE PERSON to CONCLUDE that the suspect HAS COMMITTED a CRIMINAL OFFENSE

Question 15

what is due process?

Answer 15

PROPER JUDICIAL PROCEDURE that the police must follow when MAKING AN ARREST (if not followed, the defense can argue grounds for an appeal, inadmissibility of evidence, complete dismissal of charges)

Question 16

what are the 5 steps the police must take upon arrest?

Answer 16

IDENTIFY themselves as the police, TELL the accused that they are UNDER ARREST, INFORM them of the CHARGE (show warrant if issued), TOUCH the accused to indicate that they are IN CUSTODY, INFORM the accused of their RIGHTS

Question 17

what can constitute an admission of guilt?

Answer 17

PAYING a fine or giving an APPOLOGY

Question 18

what extra rights do you have as a young offender (upon arrest)?

Answer 18

to talk to a LAWYER, PARENT, or ADULT BEFORE speaking with police, to have an ADULT there BEFORE making a STATEMENT to the police, to have your RIGHTS EXPLAINED in language you UNDERSTAND (dump it down for kids)

Question 19

what are the search laws?

Answer 19

MUST have SEARCH WARRANT and present GROUNDS for search. only ITEMS ON the warrant can be seized (unless stolen/ illegal). seized items can be HELD for 30 DAYS.

Question 20

when can the police search you without a warrant?

Answer 20

if the suspect is placed UNDER ARREST (search must be RELATED to the arrest), the police think you have ILLEGAL ALCOHOL, WEAPONS, DRUGS, etc, if you CONSENT

Question 21

the police can keep you in jail without a warrant to do what?

Answer 21

establish WHO you are, STOP you from committing FURTHER CRIMES, STOP you from DESTROYING EVIDENCE, make sure you will APPEAR in COURT

Question 22

what is jail considered?

Answer 22

a HOLDING FACILITY (part of custody)-not a prison

Question 23

what is a citizens arrest?

Answer 23

an arrest WITHOUT a WARRANT by ANY PERSON other than a police officer (rarely used because people are scared to be sued for false arrest or be injured). usually made by a PROPERTY OWNER or employee against a person committing an INDICTABLE OFFENSE. -police should be contacted immediately

Question 24

what is a writ?

Answer 24

LEGAL DOCUMENT that forces someone to PERFORM a specific ACTION

Question 25

what is an Appearance Notice?

Answer 25

ISSUED to the ACCUSED (says the offence charged and the time and place of court). must be SIGNED by the accused. often used for minor crimes

Question 26

what is a warrant?

Answer 26

a LEGAL FORM or document signed by a JUDGE, giving the police the AUTHORITY to do a CERTAIN THING, such as placing someone under arrest or searching a persons private residence

Question 27

what do you need to arrest a suspect?

Answer 27

a WARRANT

Question 28

what are the two elements necessary to be guilty of a crime?

Answer 28

MENS REA (knowledge, motive, and intent) and ACTUS REUS

Question 29

what are the 3 levels of offense?

Answer 29

SUMMARY CONVICTION, HYBRID OFFENSE, INDICTABLE OFFENSE