Criminal law part 2
Order by
22 terms
Terms | Definitions |
|---|---|
Continuity of evidence | Continuous chain of possession designed to ensure the safekeeping of evidence. |
Case officer | Officer in charge of an investigation |
Gunshot residue (GSR) | Trace substances left on surfaces, including the hand of the shooter, after the discharge of a firearm. |
Deoxyribonucleic acid (DNA) | Biological compound that forms cell chromosomes, from which genetic information can be obtained. |
Writ of habeas corpus | Common - law remedy to test the legality of detention or imprisonment |
Discretion | Freedom to decide a matter in accordance with the principles of fairness. |
Warrant | Grant of judicial authority to arrest or search |
Indictable | Term used to describe a serious offence under the Criminal Code, prosecuted in a manner more complex and carrying penalties more severe than a summary conviction offence |
Summary conviction offence | Term used to describe an offence under the Criminal code, prosecuted in a manner less complex and carrying penalties less severe than an indictable offence |
Hybrid offence | Term used to describe an offence under the Criminal Code, prosecuted as either an indictable or a summary conviction offence at the discretion of the Crown |
Information | Sworn statement setting out reasonable and probable grounds to believe that an offence has been committed; used as a basis for obtaining a warrant |
Racial profiling | A practice relying on racial stereotypes rather than reasonable suspicion to single out persons for greater scrutinity in law enforcement |
Search incidental to arrest | Search following an arrest that must be conducted to achieve a valid purpose connected to the arrest. |
Appearance notice | A document designed to ensure an accused's attendance in court; issued by a police officer where no arrest is made. |
Summons | A document designed to ensure an accused's attendance in court; issued by a justice or judge after an arrest is made |
Promise to appear | A document designed to ensure an accused's attendance in court; issued by the officer in charge of a police station after an arrest |
Recognizance | A document designed to ensure an accused's attendance in court; issued by the officer in charge of a police station after an arrest in which the accused promises to pay a sum of money if he or she fails to appear. |
Judicial interim release | Release of an accused pending trial or appeal. |
Inferior jurisdiction | Jurisdiction exercised by court with provincially appointed judges. |
Superior jurisdiction | Jurisdiction exercised by court with federally appointed judges. |
Preliminary inquiry | A hearing held to determine whether sufficient evidence exists to commit an accused for trial in a court of superior jurisdiction |
Pre - trial conference | Conference attended by judge, Crown, and the accused or accused's lawyer to promote a fair and expeditious trial. |
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