Final Examine Updated Flashcards by Selena DaCosta

Suspension of a person’s liberty by a significant
physical or psychological restraint is which one of
the following terms?
a) Arrest
b) Detention
c) Apprehension
d) Answer not supplied

Detention

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Investigative detention Is a situation where
reasonable grounds to arrest a person are absent
a) True
b) False

True

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Which One of the following precedent setting
cases does not involve Investigative Detention as
per the lecture in class?
a) R vs Mann
b) R vs Suberu
c) R vs Grant
d) R vs Oickle

R vs Oickle

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Which of the following statements is not part of
Section 10 of the Charter of Rights when arrested?
a) to be informed promptly of the reasons therefore

b) to retain and instruct counsel without delay and to
be informed of that right; and

c) to have the validity of the detention determined by
way of habeas corpus and to be released if the
detention is not lawful.

d) to appear in court in a timely fashion and a fair
trial.

to appear in court in a timely fashion and a fair trial.

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Which of the following terms is defined as that
which establishes or tends to establish a person’s
guilt?
a) Confession
b) Inculpatory
c) Exculpatory
d) Hold Off Duty

Inculpatory

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A Voir Dire is held after the completion of a Trial.
a) True
b) False

False

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The responsibility to prove the voluntariness of a
statement for the purpose of the court process is
which one of the following?
a) Officer in charge
b) Crown Attorney
c) Judge
d) Defence Attorney

Crown Attorney

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When establishing voluntariness of a statement
the operating mind has a low threshold according
to course content.
a) True
b) False

True

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The interview of Colonel Williams took place in
which of the following locations?
a) Orillia – OPP Headquarters
b) Ottawa Police Station
c) Peterborough – OPP Detachment
d) Toronto Police Headquarters

Ottawa Police Station

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The Confession of Colonel Williams video
revealed the following facts, which one statement
is incorrect.
a) His DNA was at one or more of the scenes.

b) His tire tracks were at the scene of one or more of
the scenes.

c) His shoe prints were at the scene of one or more of
the crimes

d) He was responsible for the death of three victims.

He was responsible for the death of three victims.

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Reasonable grounds is defined as a set of ______
or _______ that exceeds mere suspicion, which
one statement is correct.
a) ideas, incidents
b) incidents, events
c) facts, circumstances
d) evidence, facts

facts, circumstances

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Reasonable grounds is further defined as and
which, if true, would lead an ordinary, prudent and
cautious person to have a ___________ as to the
identity of the accused and/or as to a suspect
having committed a breach or violation of statute
law. Which one statement is correct.

a) strong belief
b) reasonable doubt
c) mere suspicion
d) answer not supplied

strong belief

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The case governing the admissibility of the
results of a polygraph test is which one of the
following?
a) R vs. Oickle
b) R vs. Suberu
c) R vs. Grant
d) R vs. Beland

R vs. Beland

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Creating a complete electronic record of
interviews allows for confidence in the
admissibility of the statement in a judicial
process.
a) True
b) False

True

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inculpatory statements can be admissible after a
failed polygraph test depending upon the
circumstances.
a) True
b) False

True

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Nothing should be admitted into evidence unless
it is relevant to the charge according to case law.
a) True
b) False

True

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Officer notebooks prepared in relation to their
duties are the property of?
a) The Officer
b) The City
c) The Police Service
d) The Province

The police service

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The Jian Gomeshi Video had how many
complainants provide evidence during the trial?
a) 2
b) 3
c) 4
d) 1

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A theory is a tentative idea or explanation about
how something happened or about how something
works that an investigator uses to help guide his
or her inquiries.
a) True
b) False

False

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Complainant/witness interviews are the primary
source of evidence available to investigators
during an investigation?
a) True
b) False

True

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Someone who gives information to the police for
something in return, such as money, which of the
following terms is correct?
a) Witness
b) Informant
c) Confidential Informant
d) Agent

Informant

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According to the Canada Evidence Act - No person
is incompetent, or uncompellable, to testify for the
prosecution by reason only that they are married
to the accused?
a) True
b) False

True

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The video of the van attack on Yonge Street
involved the accused offering what diagnosis to
defend himself during the trial?
a) Schizophrenia
b) Depression
c) Bipolar
d) Autism

Autism

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The case of the murder of Clive Brown was
presented in class and part of the power point
presentation from Module One. The primary
reason the case was solved was describe as
a) Witness information provided
b) DNA match to suspect
c) CCTV Camera evidence
d) Other source not provided

Witness information provided

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Which Theory is not mentioned memory lecture in Module Two? a) Freudian Theory b) Videotape Theory c) Rehearsal Theory d) Biological Theory

Rehearsal Theory

The video "A long Way Home" involved a girl who was? which statement is true. a) A graduate student b) Victim of sexual assault c) Was stabbed to death d) Attack in her house

A graduate student

The stages of information processing are? a) Receiving, Interpreting and Execution b) Intake, Interpretation & Action c) Inspect, Processing & Action d) Rehearsal, Integration & Meaningful Interpretation

Rehearsal, Integration & Meaningful Interpretation

Which memory Theory presented in class involved an unconscious processes primarily memories of traumatic childhood experiences that influence current behavior. a) Freudian Theory b) Videotape Theory c) Rehearsal Theory d) Biological Theory

Freudian Theory

Which of the following memory Theories involves updated version of the Freudian Model according to Module 2? a) Biological Theory b) Videotape Theory c) Connectionist Theory d) Answer not supplied

Videotape Theory

Working memory is also described as long-term memory. a) True b) False

False

The Connectionist Model involves memories stored in overlapping networks of neural connections a) True b) False

True

An individual is actively listening when he or she is focused on all verbal and does not include non- verbal communications being conveyed. a) True b) False

False

Which of the following techniques is not mention as an original technique of the Cognitive interview a) Change Order b) Change Perspective c) Context Reinstatement d) Hypnosis

Hypnosis

The Polygraph does not measure which one of the following? a) Heart rate b) Blood pressure c) Respiration d) Brain waves

Brain waves

What is the fourth step in the enhanced cognitive interview process? a) Initiate a free narrative b) Questioning c) Varied & Extensive retrieval d) Answer not supplied

Questioning

Polygraph: is an electronic device used to measure the body’s physiological and psychological responses to questions. a) True b) False

False

Subject may have strong physiological response to relevant questions even if they are not guilty. a) True b) False

True

Which of the following term is the systematic differences exist between truthful and deceptive accounts provided by witnesses and victims. It can assist with deterring investigative tunnel vision and provide area’s requiring further investigation or inquiry? a) Investigative application b) Statement Analysis c) Behavior Analysis d) None of the supplied terms

Investigative application

The number one reason why suspects confess is which one of the following? a) The perception of the evidence against the suspect b) The conscience of the suspect c) The time it takes to apprehend the suspect. d) The tenacity of the investigators during the interview

The perception of the evidence against the suspect

The matter of credibility of evidence in a court of law is determined by which of the following, which is the most correct answer?. a) Judge only b) Jury only c) Polygraph only d) Both a & b

Both a & b

The video of Colonel Williams statement involved DNA evidence obtained from him, which of the following methods was used to obtain his DNA? a) Search warrant b) Incident to his arrest c) Voluntarily from him d) Discard sample

Voluntarily from him

There is conclusive evidence to support that body movement is an indicator of deception. It can lead to a course of inquiry to the causation. However, to concluded deception based on hand movement for example would greatly over exaggerate the reason for the movement. a) True b) False

False

Most criminal investigations are solved through interviews of witnesses, victims/complainants, suspects? a) True b) False

True

WHAT is TUNNEL VISION?

The single-minded and overly narrow focus on a particular investigation or prosecutorial theory, so as to unreasonably colour the evaluation of information received and ones conduct in response to that information.

-Not following information to proper conclusion. * apprehension of innocent person. * Decreases public confidence * Decreases public safety. * Etc. Are the results of what?

tunnel vision

WHY IT IS DIFFICULT TO AVOID COMMON INVESTIGATIVE ERRORS EVEN WHEN YOU ARE AWARE OF THEM?

* Misunderstanding Information * Witness contamination * Lack of time * Public scrutiny * Lack of resources * Information overflow * Etc.

* Team approach * Oversight * Separate set of eyes to review * Case Management conferences * Complete interviews of all witnesses. * Etc how to avoid ......

How to avoid tunnel vision

IDENTIFICATION FOR COURT PROCESS

Photo line up

CORE RULES FOR PHOTO LINEUPS 1-4

1. Independent Officer (double-blind) 2. Witness should be advised that the actual perpetrator may not be in the lineup 3. The suspect should not stand out 4. Witness’s comments should be recorded verbatim and if possible recorded by audio or video taping

Core rules for photo lineups 5-7

5. Remove witness after administering lineup to avoid contaminating. 6. Show-ups should be used only in rare circumstances. 7. Photos should be provided sequentially, and not as a package

DESCRIBE POLYGRAPH TESTING, THE ASSUMPTION BEHIND IT, AND THE DIFFERENT TECHNIQUES THAT POLYGRAPH EXAMINERS USE

Polygraph: is an electronic device used to measure the body’s physiological response to questions. * (heart rate, respiration, blood pressure and galvanic skin response. Other system measure blood volume and sphincter muscle tension.)

RELEVANT/IRRELEVANT QUESTIONS

Relevant: Your name is Mark Armstrong? You work for Ford Company? * Irrelavant: Did your kill Mark Armstrong? Do you know where the body of Mark Armstrong is? * Subject may have strong physiological response to relevant questions even if they are not guilty.

Describe what the “control” questions are:

Examinee is directed to answer “No”

Describe what the “guilty-knowledge” test questions are:

Examiner has intimate knowledge of crime such as method, location, conditions or injuries -This technique eliminates the problem of general anxiety.

– R. V. BELAND 1987

The matter of credibility is a fact that the trier of fact(Judge or Jury) consider. * Machine driven result may carry to much weight with a non-expert Judge or jury

What are the two benefits of establishing rapport with a polygraph examinee before the polygraph equipment is set up?

1. obtaining person’s trust and cooperation * 2. Asking questions that will serve as controls

Hold off duty

duty of a police officer not to question a suspect about the offence under investigation for the purposes of attempting to gather incriminating information until the suspect ahs had the opportunity to talk to a lawyer

hold off duty

Confession

admission to all the elements of an offence, including the mental element

confession

that which establishes or tends to establish a person’s guilt

Inculpatory

that which establishes or tends to establish a person’s guilt

that which clears or tends to clear a person of guilt

Exculpatory

that which clears or tends to clear a person of guilt

Voire dire

a trial within a trial to determine the admissibility of evidence

DIFFERENCE BETWEEN AN INTERVIEW AND AN INTERROGATION

Interview-a structured conversation between a witness, victim or suspect and an investigator, in which an investigator asks a series of questions in order to elicit information from the witness, victim or suspect about something they have observed, experienced, did or have knowledge about. * Interrogation-an accusatory process, the primary purpose of which is to elicit a confession from a suspect who is believed to be responsible for the offence under investigation.

Interview

a structured conversation between a witness, victim or suspect and an investigator, in which an investigator asks a series of questions in order to elicit information from the witness, victim or suspect about something they have observed, experienced, did or have knowledge about

Interrogation

an accusatory process, the primary purpose of which is to elicit a confession from a suspect who is believed to be responsible for the offence under investigation.

Section 10

Section 10 of the charter states: Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefore; b) to retain and instruct counsel without delay and to be informed of that right; and c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

best practice approach, focus on information and using information to challenge suspect statements

peace model

4 stages of Peace model

1.Preparation and Planning 2. Engage and Explain 3. Account 4. Closure and Evaluation

Reciprocity

form bond with suspect by being polite and decent (e.g., getting them a coffee); similar to rapport

Management sequence:

-Is the management component of CM * For uncooperative subjects, interviewer takes a more active role * Manage interviews course, conduct, and content

ensure interview progresses through PEACE process

course

ensure objectives are met; get maximum amount of info

Content:

EXPLAIN THE CONNECTION BETWEEN THE VOLUNTARINESS OF A STATEMENT AND ITS ADMISSIBILITY. IDENTIFY FACTORS THE COURTS WILL CONSIDER IN DETERMINING WHETHER A STATEMENT MADE BY AN ACCUSED IS ADMISSIBLE OR NOT.

-They are made voluntarily The accused was given his/her charter rights

Free from improper inducements from the police By an accused who possessed an “operating mind” Free from oppressive circumstances Free from any improper police trickery

ESTABLISHING VOLUNTARINESS

When an inducement is made by a person in authority, the resulting statement will be inadmissible if:

-The inducement is something the accused believes is in police control. It is a strong enough inducement to raise doubt about whether his/her “will has been overcome.”

A low threshold: “does not imply a higher degree of awareness...” “no inquiry is necessary as to whether the accused is capable of making a good or wise choice or one that is in his/her interest.

operating minds

Depriving the suspect of food, clothing, water, sleep or medical attention. Denying access to legal counsel Excessively aggressive, intimidating questioning for a prolonged period of time

OPPRESSION

R. vs. Rothman

“... the authorities, in dealing with shrewd and often sophisticated criminals must sometimes by necessity resort to tricks or other forms of deceit.”

Trickery cannot be used to frustrate the accused’s Charter right to counsel. The courts will not tolerate investigators playing games with that right. True or false

True

Trickery cannot be used to frustrate the accused’s Charter right to counsel. The courts will not tolerate investigators playing games with that right. True or false

True

Final Examine Updated Flashcards

(83 cards)