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34 Cards in this Set
- Front
- Back
The purpose of interrogating a suspect is to obtain ___________
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Information
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Custodial interrogations:
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The interrogation of a suspect may provide police with incriminating evidence that can lead to a determination of guild at the end of a trial.
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Custodial interrogations may:
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i) unearth stolen property
ii) point to whereabouts of accomplices iii) indicate the involvement of the suspect in other unsolved crimes. |
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The police can search for and seize evidence without a warrant if the illegal object is in _____ ____.
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plain view.
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A new offence would be created that prohibits anyone from using a computer system to _____ or ____ arrangements with any individual for the purpose of _______ exploiting a child.
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agree, make, sexually
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A delay in the ________ and ___________ of an accused for a sexual offence cannot justify a ____ of proceedings.
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charging, prosecution, stay
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Sec. 10(b) has been judicially interpreted to mean that any person arrested must be informed by the police of the existence and availability of ____ _______ and ____ ___ in the jurisdiction.
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duty counsel, legal aid
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Bureaucratic Function Model
While punishing criminals and protecting their constitutional rights, the main focus is on the ____________ _______ , on the speed at which the courts can work. |
bureaucratic process
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_______ ______ represents the legal rights of the accused in criminal proceedings and tries to ensure that the justices system operates fairly.
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Defence counsel
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Defence lawyers are a "check brake upon a vast machinery of the state - police officers, Crown prosecutors, and judges - as it seeks to deprive individual citizens of their _______ and _______ " ( Davison 2006, 39-40).
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liberty, freedom
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According to the CBA's Code of Professional Conduct, the primary duty of the Crown prosecutors is not to gain a conviction....
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but rather to enforce the law and maintain justice by presenting all the evidence relevant to the crime being tried in Criminal court.
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Crown prosecutors can be viewed as the _____ ___ ____________ officers in the provincial and federal court.
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chief law enforcement
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The role of judges in our criminal justice system includes:
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i) upholding the rights of accused.
ii) arbitrating any disagreements that arise between prosecutor and defence lawyer during trial. |
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It is important that judges be viewed as objective; only when they are seen as _________ will their decisions on rules of law and Procedure be viewed as __________ by all parties involved.
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impartial, acceptable
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The prosecutor has the power to:
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i) decide between trying the case in court on charges laid,
ii) plea bargaining, iii) staying proceedings, iv) dismissing the charges. |
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Once the police arrest and lay charges against a suspect,
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it is not automatic that a prosecutor will try the case. Many defendants are never brought to justice.
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(Stuart and Delisle) Crown prosecutors:
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"have virtually unfettered discretion as to when to charge, what to charge, when the charges should be reduced or dropped"
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Plea bargaining has been defined as:
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"any agreement by the accused to plead guilty in return for promise of some benefit."
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(4) Bargaining:
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i) Plea
ii) Charge iii) Sentence iv) Fact |
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Even if the accused is factually guilty,
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the prosecutor still has to convince the judge or jury that the defendant is legally guilty.
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The right of the accused to _________ the accuser is essential to a fair trial, since it controls the type of evidence used in court.
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confront
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___________ reports are prepared for judges by probation officers in order to help judges determine an appropriate sentence.
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Pre-sentence
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By punishing an offender, the state indicates its intent to ______ crime and _____ potential offenders.
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control, deter
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Drug treatment courts are based on the idea that criminal justice can be ___________ rather than simply punitive.
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therapeutic
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The five pains of imprisonment identified by Sykes were:
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i) loss of liberty
ii) deprivation of goods and services iii) loss of heterosexual relationships iv) deprivation of autonomy v) deprivation of security |
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The majority of offenders returned to a federal institution for violating the terms of their conditional release did so within __ ______ of release.
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12 months
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In July 1976, _______ __________ was abolished in Canada with the passage of Bill ____.
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capital punishment, C-84
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"_____ ____" clause, allowed offenders who had served at least 15 years of their sentence to apply for a reduction in the amount of time they had left to serve before the parole eligibility date specified on their sentence.
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faint hope
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Actus reus:
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The illegal act. Involves the commission of or failure to act.
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Case law:
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The judicial application and interpretation of laws as they apply in any particular case.
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A judicial order requesting that a state representative detaining another give reasons for the capture and detention.
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Habeas corpus
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The goal of corrections that focuses on preparing the offender for a return to the community.
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Reintegration
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The option to give the victim of crime to complete a form and detail what has happened to that victim as a result of the crime.
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Victim impact statement.
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The oldest and most commonly used type of electronic surveillance is ___________.
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wiretapping
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