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34 Cards in this Set

  • Front
  • Back
The purpose of interrogating a suspect is to obtain ___________
Information
Custodial interrogations:
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.
Custodial interrogations may:
i) unearth stolen property
ii) point to whereabouts of accomplices
iii) indicate the involvement of the suspect in other unsolved crimes.
The police can search for and seize evidence without a warrant if the illegal object is in _____ ____.
plain view.
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.
agree, make, sexually
A delay in the ________ and ___________ of an accused for a sexual offence cannot justify a ____ of proceedings.
charging, prosecution, stay
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.
duty counsel, legal aid
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
_______ ______ represents the legal rights of the accused in criminal proceedings and tries to ensure that the justices system operates fairly.
Defence counsel
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).
liberty, freedom
According to the CBA's Code of Professional Conduct, the primary duty of the Crown prosecutors is not to gain a conviction....
but rather to enforce the law and maintain justice by presenting all the evidence relevant to the crime being tried in Criminal court.
Crown prosecutors can be viewed as the _____ ___ ____________ officers in the provincial and federal court.
chief law enforcement
The role of judges in our criminal justice system includes:
i) upholding the rights of accused.
ii) arbitrating any disagreements that arise between prosecutor and defence lawyer during trial.
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.
impartial, acceptable
The prosecutor has the power to:
i) decide between trying the case in court on charges laid,
ii) plea bargaining,
iii) staying proceedings,
iv) dismissing the charges.
Once the police arrest and lay charges against a suspect,
it is not automatic that a prosecutor will try the case. Many defendants are never brought to justice.
(Stuart and Delisle) Crown prosecutors:
"have virtually unfettered discretion as to when to charge, what to charge, when the charges should be reduced or dropped"
Plea bargaining has been defined as:
"any agreement by the accused to plead guilty in return for promise of some benefit."
(4) Bargaining:
i) Plea
ii) Charge
iii) Sentence
iv) Fact
Even if the accused is factually guilty,
the prosecutor still has to convince the judge or jury that the defendant is legally guilty.
The right of the accused to _________ the accuser is essential to a fair trial, since it controls the type of evidence used in court.
confront
___________ reports are prepared for judges by probation officers in order to help judges determine an appropriate sentence.
Pre-sentence
By punishing an offender, the state indicates its intent to ______ crime and _____ potential offenders.
control, deter
Drug treatment courts are based on the idea that criminal justice can be ___________ rather than simply punitive.
therapeutic
The five pains of imprisonment identified by Sykes were:
i) loss of liberty
ii) deprivation of goods and services
iii) loss of heterosexual relationships
iv) deprivation of autonomy
v) deprivation of security
The majority of offenders returned to a federal institution for violating the terms of their conditional release did so within __ ______ of release.
12 months
In July 1976, _______ __________ was abolished in Canada with the passage of Bill ____.
capital punishment, C-84
"_____ ____" 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.
faint hope
Actus reus:
The illegal act. Involves the commission of or failure to act.
Case law:
The judicial application and interpretation of laws as they apply in any particular case.
A judicial order requesting that a state representative detaining another give reasons for the capture and detention.
Habeas corpus
The goal of corrections that focuses on preparing the offender for a return to the community.
Reintegration
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.
Victim impact statement.
The oldest and most commonly used type of electronic surveillance is ___________.
wiretapping