Mid term #2

Question 1

What has the biggest impact on police powers in relation to search and seizure?

Answer 1

The charter of rights and freedoms

Question 2

What if police had no limits to their powers?

Answer 2

The freedoms that we currently enjoy would cease to exist.

Question 3

What type of proof is required prior to a criminal trial?

Answer 3

Probable Cause.

Question 4

What is the court of last resort?

Answer 4

The Supreme Court of Canada,interprets the Charter so the lower courts can apply the principles uniformly across the country.

Question 5

What does Decisis mean?

Answer 5

Tfhe principle by which higher courts set precedents that lower courts must follow. Behind it is the idea that like cases be treated alike.

Question 6

What is the standard of proof in a criminal trial and what is this meant to ensure?

Answer 6

Probable Cause, so that individuals who are in fact guilty are punished, not those who are thought to be guilty

Question 7

Why is it important to charge a jury?

Answer 7

It could lead to an appeal or provide grounds for an appeal.

Question 8

What does an appeal of a verdict usually require?

Answer 8

A demonstration that there was a legal error at the trial or the discovery of new exculpatory evidence.

Question 9

What premise does our criminal justice system operate on?

Answer 9

Believe that justice at the sentence must prevail

Question 10

What does a confession need to be?

Answer 10

Free and Voluntary

Question 11

Are there any problems with the process of selecting judges?

Answer 11

Political- overtones at both the federal and provincial levels, Government appointed- grease the right wheels of incumbent politicians in order to receive appointments.

Question 12

Why can sitting judges rarely be as neutral as they should be?

Answer 12

Partisan or Party politics

Question 13

What are two of the difficulties that crown counsels endures in their job?

Answer 13

Burnout and Impartiality

Question 14

Why have a preliminary inquiry?

Answer 14

To determine if there is enough evidence to proceed to a criminal trial. To protect the accused from an unnecessary trial.

Question 15

What can impact a police officer’s discretion?

Answer 15

Research studies have shown that age, gender, length of service, ethnicity, and level of education of patrol officers can all influence.

Question 16

When can an officer arrest without an arrest warrant?

Answer 16

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.

Question 17

What are the 8 steps of a prosecution?

Answer 17

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.

Question 18

What are the four types of evidence?

Answer 18

Testimony,

Real Evidence,

Direct Evidence,

Circumstantial Evidence.

Question 19

What other factors might enter a judge’s mind when sentencing an offender?

Answer 19

Home issues,Circumstances of offence, Motivation of offender, Previous Criminal record.

Question 20

Sentencing is bifurcated. What are the two steps?

Answer 20

Step 1: in or out decision (prison or community),

Step 2: quantum, judge decided how long or how much

Question 21

What are the three goals of sentencing?

Answer 21

1) utilitarian: general and specific deterrence, rehabilitation and incapacitation
2) retributive: denunciation, retribution 3) restorative

Question 22

What are some suggested sentencing reforms?

Answer 22

Use more community based sentencing options,

Establish sentencing guidelines,

Decrease discrimination/bias

Question 23

State some of the obstacles that restrict both women and minorities from becoming involved in policing?

Answer 23

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`

Question 24

What is the purpose of documentaries like through a blue lens?

Answer 24

Humanzie addiction, scare tactic, show reality of abuse and trauma, show that police are less scary.

Question 25

What can impact how police make decisions?

Answer 25

age, gender, length of service, ethnicity, and level of education

Question 26

What is the #1 most common sentence in Canada?

Answer 26

Probation