U2 Criminal Law

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Key Concepts

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a person who meant to do something wrong and had disregard for the consequences, refers to the state of mind when committing the offence
general intent
committing a wrongful act for one’s own sake with no ulterior motive or purpose
specific intent
committing one wrongful act for the sake of accomplishing another
the crown shows that the accused knew that what they were doing was wrong
criminal negligence
when the accused does something or omits to do something that is their duty to do so that shows reckless disregard for the lives and safety of others
a person who consciously takes an unjustifiable risk that a reasonable person would not
willful blindness
involves deliberately closing your mind to possible consequences of your actions
incomplete crimes
when either the guilty act or guilty mind is missing
when a person is unsuccessful in the commission of a crime
an agreement between two people to perform an illegal act
role of the judge
controls events in the courtroom interprets the law pertaining to a case decides whether certain evidence is allowed in court
role of justice of peace
has less authority than a judge performs preliminary stages of a case such as issuing arrests, search warrants, and hearing bail applications
what the crown does to prepare for a case
interview witnesses research the specific laws that are involved look at previous cases submit physical evidence
a group of 12 men or women chosen by the crown and defence from a pool of ordinary citizens of the community the courthouse is in
role of the jury
listen to the trial examine evidence and follow the judge’s directions come to an agreement regarding the verdict the decision must be unanimous If found guilty it must be beyond a reasonable doubt
challenge for cause
when a person has already formed an opinion on the case, is physically unable to perform the duties or a juror has been convicted of an offence, unlimited amounts of challenges
peremptory challenge
to have no reasons for eliminating the juror
motion for dismissal
after the crown presents its entire case when the defence believes that the crown has not proven beyond a reasonable doubt the judge may agree and enter a verdict of not guilty and the case is dismissed if not the case continues
reasons to preserve a crime scene
so that a detailed search of the scene can occur to collect physical evidence to ensure that the evidence will be allowed in court
patrol officer
has specific areas they patrol usually first to arrive at a crime scene responsible for securing the scene and ensuring no evidence is lost or tampered with wrapping yellow tape around the scene keep people out of the scene and may interview witnesses in the process
scenes of crime officer
trained in collection and preservation techniques skilled photographers, trained in fingerprint, footprint, and tire lifting collect blood and hair samples work less serious crimes
criminal investigations bureau officer
plainclothes detective specializing in homicide, robbery, and assaults trained to supervise the investigation, question witnesses, interrogate suspects, and draw conclusions from physical evidence
methods of lifting a fingerprint
dusted and lifted with adhesive tape iodine fuming a laser beam used to illuminate the print
blood evidence
most common fluid at a crime scene, has unique characteristics to each person except identical twins
what can be determined by a footprint
scientists can learn the weight, height and injuries that might have been sustained during the crime, carrying anything, walking or running
four things an officer must do when making an arrest
1. identify themselves as an officer 2. advise the accused that they are under arrest 3. inform the accused right away of the charge and show the arrest warrant if there is one 4. touch the accused to indicate they are in legal custody
what police must do right after arresting a suspect
inform them of their right to counsel
federal police
customs and excise, drug enforcement, economic crime, federal policing, immigration, proceeds of crime, criminal intelligence, international liaison and protective services
provincial police opp
jurisdiction in rural areas, responding to municipal police requests, traffic control on 400 highways, maintaining provincial firearms registry, protecting ontarios government official
municipal police
preventing crimes, preserving peace, assisting victims, executing warrants
federal court and their divisions
Trial division, appeal division and the supreme court of canada
supreme court of canada
the highest appeals court in canada, strictly an appeals court, made up of a chief judge and eight justices appointed by the federal government, deal with constitutional questions, hears appeals from the provincial and federal courts of appeal
appearance notice
a legal document for less serious offences compelling an accused person to appear in court
bench warrant
an arrest warrant issued directly by the judge when an accused person fails to appear in court
arrest with a warrant; summons
a legal document issued for an indictable offence ordering an accused person to appear in court
arrest without a warrant; three conditions
1. police have reasonable to suspect a person has either committed an indictable offence or is about to commit one 2. they find the person in the act of committing a criminal offence 3. they find a person who they believe is named on an arrest warrant
3 ways a person may be legally searched
1. the arrest must be lawful 2. the search must be connected to the lawful arrest 3. the manner in which the search is carried out must be reasonable
exceptions to when police need a search warrant
1. imminent injury or death to any person 2. the destruction of evidence relating to an indictable offence
areas of the rcmp
the federal police force, customs and excise