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CRM 1300 B Caroyln Gordon studynotes.docx

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University of Ottawa

CRM 1300 B Caroyln GordonFinals Study PackagePowerPoints used 9 10 11 12 13 14 15 and 16Chapters listed7Pretrial Criminal Procedures8The Courts9Sentencing10Alternatives to Prison11Corrections12Community ReintegrationChapter 7Pretrial Criminal ProceduresMost legal proceedings require a prima facie case to exist following which proceedings may then commence to test it and create a ruling Prime facie is the first handed evidence which sometimes is known as case building So in terms the Crown must always present prima facie evidence substantially enough to have the case enter a full trial PHIndictmentformal accusation of a crimeIndictable offenceis an offence which can only be tried after indictment and the determination of a prima facie Also there are no time constraints that determine when the charges can laid Furthermore police do not require a warrant to arrest under an indictable offence Most indictable offences often choose to be tried by jurySummary offencealso known as summary conviction can be tried without a jury less serious can be punished to 6 months imprisonment or 5000 or both Also police cannot arrest if they do not find the summary offense a warrant would be required If the police find that the summary offense was convicted detention is possibleHybrid offencethe power to be tried either summary or indictable rests with the crown counselIt is important for a person accused of a crime to have rights as being accused does not mean that youre guiltyPolice can detain interrogate and search an individual even where there is less than a reasonable ground to believe an offence has been committed Arrestthe power to deprive an individual of libertyTo legally arrest the police officer must take physical control with the intent to detain the individual and follow certain verbal mandates thereafterArrest with a warrant1Police must lay an information with a just of the peace to obtain a warrant2Police must suspect on reasonable grounds that individual committed and indictable offence3Committed lesser offence but reason to believe they may not appear for trial4Suspect must be brought before a justice of the peace without unreasonable delaywithin 24 hoursArrest without a warrant1Crime is in progress summaryindictable2Suspect is known to have committed an indictable offence or suspect is about to commit an indictable offence3Has an outstanding arrest warrant4Those whose arrest will serve the public interestprevent further offendingInterim release by arresting officerAn officer may issue an appearance rather than arresting a person Even if the officer does make an arrest he or she must appear to court by the way of summons or on appearance notice Release does not have to be made where it is in the public interest to secure evidenceprevent continuing offencesor reasonable grounds to fear failure of appearance by the accusedArrest with or without a warranta habeas corpus is a writ that can be issued to a person under arrest to be brought to courtThe appearance notice will give court date and allegations followed by laying informationSummons will lay an information Justice of the Peace will issue summons detailsInformationis paper that begins criminal proceedings authorizing the court to deal with a person the accused must then make an oral plea to the chargesPurpose of custodial interrogation is to provide incriminating evidence leading to the determination of guilt discovery of possible stolen property locate accomplices that indicate involvement of suspect in the other unsolved crimes objective is to solicit a confession from suspectDuring Interrogations a suspect has the right to remain silent but cant obstruct or impede an investigation and hisher statements may be used in trialConfessions are introduced in court when the result is of the conscious mind and was made voluntarilyVoir Direis also known as a trial within a trial to judge the admissibility of evidence and competency of a witness or jurorInterrogation strategiesConditioning strategyencourages the suspect to trust questioner
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