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Final Exam

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mofixicu's version from 2017-12-01 04:05

Section

1. Define the main classes of law.
a. Public law: concerns everyone, criminal law
b. Private law: private person or group, civil law

 

2. Recall categories that criminal offences can be identified under.
a. Indictable
b. Dual/hybrid
c. Summary

 

3. What are the physical elements of a crime?
a. Actus reus

 

1. Who can lay an information, and what is the time limit to begin this process?
a. Anyone can under oath, within 6 months after alleged offence. Summary convictions only.

 

2. What are the methods of trial for an indictable offence?
a. Court of queen’s bench judge
b. Court of queen’s bench judge and jury
c. Provincial court judge alone

 

3. What are the differences in trial procedures between a summary conviction and an indictable offence?
a. Summary: least serious, provincial court, accused doesn’t need to be present
b. Indictable: more serious, court of queen’s bench judge/ Court of queen’s bench judge and jury/ Provincial court judge alone, formal indictment, prelim inquires.

 

1. Can a person lay their own summary conviction offence charge and prosecute that charge in court, without being a law enforcement officer?
a. The decision to lay a charge rests with the police. If, based on reasonable grounds, the police believe a person has committed a crime, they may lay a charge. 

 

2. Review aspects of a denied bail.
a. It’s in the public’s best interest that they be held till trial
b. High probability they will not attend their court date if released
c. Maintain confidence in the administration of justice

 

3. Recall the state of mind of a person who has committed a crime.
a. Mens rea

 

4. Recall the criteria that would make an accused eligible to be released on an appearance notice.
a. Indictable of CC 553
b. Hybrid/dual offences
c. Summary offences

 

1. Recall preliminary enquiry.
a. Fact finding trial to determine if the prosecution had enough evidence to go to trial. Only for indictable offences.

 

1. Recall statute limitations on indictable offences.
a. none

 

POLICE PRECEDURES:

 

2. Know definitions of the following terms:
a. Investigative detention
i. a situation where reasonable grounds to arrest are absent, but officers detain to determine whether they are involved in the crime
b. Mere suspicion
i. hunch or gut feeling based on training and experience
a. Arrest
i. Actual restraint on a person’s liberty without the person’s consent. Taking physical control of a person with intent to detain.
b. Summary conviction offence-how long to lay charges
i. Least serious of offences. Max penalty of $5k and/or 6 months in jail. 6-month limitation to lay charges.
c. Dual procedure offence
i. Offences that can be dealt with either summary or indictable. Always treated as indictable by arresting officer.
d. Indictable offence
i. Most serious types of offences where the max penalty is life in prison, no limitation to lay charges
e. Arrest with a warrant
i. Judge’s decision, court written order with no end date
f. Arrest without a warrant
i. officer decision if they see someone committing an indictable offence or who on reasonable grounds believes is about to commit one or finds committing an indictable offence.
g. Find committing
i. A situation in which a person witnesses a crime taking place
h. Reasonable grounds to arrest
i. Set of facts that would cause an ordinary and cautious person to form a belief. Passes the subjective and objective test.
i. Review CC. sec 495-powers of arrest w/out warrant
i. Arrest without warrant by peace officer
1.  a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
2. a person whom he finds committing a criminal offence; or
3. a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part…
j. Arrest vs detention
i. arrest implies detention. Detention doesn’t imply arrest.
k. P.R.I.C.E.
i. Acronym for the criteria applied by officers when deciding whether an arrested person should be released.
1. Public interest
2. Repetition
3. Identity
4. Court
5. Evidence
l. Exigent circumstances
i. An emergency that permits police to make a warrantless entry/arrest
m. Feeney Warrant
i. Based off case law. Warrant that gives officers the authority to enter a residence to affect an arrest where there is no consent.
n. Bail hearing
i. Enquiry to determine if a person should be released or detained before trial

 

REPORT WRITING:

 

2. What is the important information that should be in every report and explain EACH clearly and in detail - looking for you to state EVERY detail.
a. Introduction
i. Who you are, day, date, time, location, who was there, doing what
b. What were you told
i. Witness statement
c. What you saw
i. Location of evidence,
d. What you did
i. Made an arrest, where and when, took accused where, searched, RTC, Charter read, responses
e. Who you told
i. Contacted supervisor, contacted other units, other notifications
f. What’s left to do
i. Follow up enquires

 

3. Describe things that should be in your notes/every report.
a. Yes; relevant information, what you did/saw/said/heard
b. No; opinions, personal affairs, personal feelings, informant information

 

4. Recall court briefs (court report).
a. A written report containing all evidence that supports a criminal charge against an accused person

 

5. Recall the purpose of your notebook?
a. Record information on complaints and offences
b. Record steps followed in an investigation
c. Memory recall in court
d. Reference many years later

 

INVESTIGATIVE INTERVIEWING:

 

6. Recall the types of discussions during an investigation.
Two types of discussions police held during investigations?
a. Witness - Controlled fact finding conversation to gain info
b. Suspect - Accusatory conversation to obtain a confession

 

7. Be aware of the types of witness profiles.
a. Unreliable
b. Deceitful
c. Teenagers
d. Mature
e. Child
f. Willing
g. Unwilling
h. Biased

 

8. Recall the stages in the interview process.
The parts of an interview are?
a. First contact and rapport stage
b. Information gathering stage
c. closing

 

9. Name the barriers to interviewing.
a. Fear
b. Guilt
c. Stress
d. Interviewer
e. Communication

 

10. Review questioning issues.
a. One question at a time to not confuse
b. Keep questions short and simple
c. Ensure clarity
d. Patience - don’t rush
e. Aids – diagrams, notes

 

11. Five steps associated with information gathering and statement stage of a witness interview.
a. Explain process
b. Focus witness
c. Obtain preliminary uninterrupted version
d. Expanding information questions
e. Verbatim written statement

 

12. What is the purpose for conducting investigative interviews?
a. Determine if an offence had been committed
b. Who is responsible
c. Obtain the full extent of the information a witness can offer

 

13. What factors do we control in an interview?
a. Procedures
b. Policies
c. Physical environment

 

14. The main purpose for getting a statement in verbatim is?
a. Establish an accurate and comprehensive record of the events
b. Concreate evidence to provide during court

 

15. What questions are to be avoided when obtaining a witness statement?
a. Negative phrasing
b. Non-neutral working
c. Judgemental questions
d. Rapid fire questions
e. Close ended

 

CRIMINAL INVESTIGATIVE PROCEDURES:

 

16. Recall types of behavior exhibited by sex offenders and the types of approaches they may use to gain control of their victims?
a. Behavior
i. Physical
ii. Verbal
iii. Sexual
b. Styles of approach
i. Con: open approach that uses tricks
ii. Blitz: direct physical assault
iii. Surprise: date rap drug
c. Means of control
i. Mere presence
ii. Threats
iii. Weapons

 

17. Recall the various reality motives behind robbery.
a. Desperation
b. Adrenaline rush
c. Power trip
d. Organized

 

18. Know the categories of point of origins evidence in arson investigations…
a. Ignition device-combustion, match
b. Plant-feed, gas
c. Trailers-spread, paper

 

19. Recall Motives to Inform by a confidential informant?
a. Civic mindedness-good person doing the right thing
b. Ego-wants a pat on the back
c. Financial
d. Fear-they/someone is in danger
e. Revenge
f. Lifestyle change

 

INTERROGATION LEGALITIES:

 

20. Recall the objectives of the investigation.
a. Collect evidence to mount a successful prosecution
1. Identify two sides of the interrogation preparation process.
a. Plan your strategy
b. Designate the principal and secondary interrogator

 

2. What’s a Voire Dire?
a. Trial with in a trial, used to determine the admissibility of evidence

 

1. The interrogation is defined as?
a. Commonly employed by law enforcement with the goal of eliciting useful information