Criminal law part 2

About this set

Created by:

lizaz1234  on November 28, 2011

Subjects:

grade 12 law

Description:

- rules of criminal procedure

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Criminal law part 2

Continuity of evidence
Continuous chain of possession designed to ensure the safekeeping of evidence.
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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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