Description
Criminal Justice 1st Canadian Edition by Gina – Test Bank
Sample Questions
Instant Download With Answers
Chapter 02
Crime and Criminal Law
Multiple Choice Questions
- (p. 26)Criminal law in Canada falls under the jurisdiction of the
A. federal government
B. municipal government
C. Supreme Court of Canada
D. provincial government
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 26)The arrest laws in Canada are examples of
A. substantive law
B. provincial law
C. substantive procedures
D. procedural law
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 26)A census of crime collected by police services across Canada is called
A. The Criminal Social Survey
B. Uniform Crime Reporting Survey
C. Canadian Centre for Justice Studies
D. Canadian Crime Reporting Survey
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 26)Information that is NOT collected in the UCR Survey is:
A. actual criminal offences
B. unfounded offences
C. criminal offences known to the police
D. criminal offences known to the public
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 27)In 2010, Canada’s overall crime rate
A. increased by 5 percent
B. declined by 10 percent
C. declined by 5 percent
D. increased by 10 percent
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 28)The majority of crimes reported to the police are
A. property damage
B. violent crimes
C. sexual assault
D. non-violent crimes
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 28)Which age group is responsible for a significant amount of crime in the community?
A. 11-17
B. 18-34
C. 15-24
D. 25-35
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 29)The rate that females commit crimes compared to the rate that males commit crimes is:
A. females commit crimes at one tenth the rate that males do
B. females commit crimes at twice the rate that males do
C. females commit crimes at one quarter the rate that males do
D. females commit crimes at the same rate that males do
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 30)Which factor DOES NOT influence the crime rate?
A. Legislation
B. Economic prosperity
C. Age
D. Gender
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 29)Females who commit crime usually commit the offence of
A. theft
B. assault
C. robbery
D. sexual assault
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 30)The Crime Severity Index is calculated by
A. comparing similar offences in the area
B. determining overall crime trends
C. information from a national survey
D. rating system using the sentence that is imposed for the crime
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 31)The General Social Survey (GSS) identified that the most common form of violent victimization is
A. robbery
B. homicide
C. physical assault
D. sexual assault
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 32)The Criminal Justice Funnel describes
A. the increase from the number of crimes that occur to those that result in conviction
B. the reduction of crimes from the total number that occur to those that result in conviction
C. the reduction of numbers from those arrested to those charged criminally
D. the reduction of crimes from the total number of charges to those that result in conviction
Learning Objective: 02-03 Understand the criminal justice funnel and its impact on society.
- (p. 32)The unknown amount of true crime that is committed is often referred to as
A. the “lost number” of crime
B. the “lost figure” of crime
C. the “dark number” of crime
D. the “dark figure” of crime
Learning Objective: 02-03 Understand the criminal justice funnel and its impact on society.
- (p. 31)Which statement is TRUE about crime in Canada?
A. the number of crimes occurring and the seriousness of the crimes are decreasing
B. the number of crimes occurring are increasing and the seriousness of the crimes are decreasing
C. the number of crimes occurring are decreasing and the seriousness of the crimes are increasing
D. the number of crimes occurring and the seriousness of the crimes are staying the same
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 31)Which demographic factor DOES NOT increase the likelihood of victimization?
A. being single
B. being in a common law relationship
C. being non-Aboriginal
D. being between 15-24 years of age
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 33)The definition of a “crime” is
A. an act or an omission that is prohibited by societal values
B. an act of omission that is prohibited by law
C. an action and omission that is prohibited by law
D. an act or an omission that is prohibited by law
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 34)According to Mothers Against Drunk Driving, how many Canadians were killed in crashes involving impaired drivers in 2008?
A. 1,200
B. 1,500
C. 700
D. 3,200
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 35)The most common form of stalking (criminal harassment) behaviour is
A. social media
B. communication through written correspondence
C. obscene and harassing phone calls
D. repeated following
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 36)When the stalker is a former intimate partner of the victim, the chance of violence is
A. the same as if the stalker is a stranger
B. elevated
C. decreased
D. imminent
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 36)In Canada, the highest rate of criminal harassment is found in which province?
A. Ontario
B. Quebec
C. Manitoba
D. Prince Edward Island
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 36)It is the role of the _______________________ to determine whether a dual procedure offence will proceed as a summary conviction offence or as an indictable offence.
A. Crown Attorney
B. Defence Attorney
C. Attorney General
D. Arresting Officer
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 36)The least severe type of offence is the
A. indictable offence
B. summary conviction offence
C. dual procedure offence
D. hybrid offence
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 37)The penalty for theft over $5,000.00 is a maximum of 10 years in jail. What type of offence is theft over $5,000.00?
A. Summary conviction
B. Indictable
C. Hybrid
D. Dual procedure
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 37)What is the statute of limitations for summary conviction offences?
A. There is no statute of limitations.
B. Within thirty days from the time that the offence occurred.
C. Within sixty days from the time that the offence occurred.
D. Within six months from the time that the offence occurred.
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 37)What is the statute of limitations for indictable offences?
A. None, unless identified in the Criminal Code.
B. Within thirty days from the time that the offence occurred.
C. Within sixty days from the time that the offence occurred.
D. Within six months from the time that the offence occurred.
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 39)A hate crime is defined as
A. a criminal offence that is motivated by intolerance towards an identifiable group
B. a provincial offence that is motivated by hate towards an identifiable group
C. a criminal offence that is motivated by hate towards an identifiable group
D. a criminal offence that is motivated by hate towards an unidentifiable group
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 39)The most violent of the hate crimes were those motivated by
A. sexual orientation
B. racial group
C. religion
D. physical disability
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 39)Most hate crimes are perpetrated by
A. members of the same religious group
B. co-workers
C. prior intimate partners
D. strangers
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 39)The city with the largest number of reported hate crimes in Canada in 2008 was
A. Vancouver
B. Montreal
C. Toronto
D. Calgary
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 38)In order to be found guilty of a crime in court, it must be proven that the accused engaged in two elements. They are:
A. Act and offence
B. Actus reus and mens rea
C. Actus rea and mens reus
D. Mens rea and offence
Learning Objective: 02-06 Identify and describe mens rea and actus reus: the elements of an offence.
- (p. 38)The prohibited acts itself is called the
A. actus reus
B. actus rea
C. mens actus
D. mens reus
Learning Objective: 02-06 Identify and describe mens rea and actus reus: the elements of an offence.
- (p. 40)A successful complete, or full, defence results in
A. a conviction of a lesser offence
B. a complete defence
C. a complete acquittal
D. a partial acquittal
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 40)Statutory defences are
A. defences that have been created through case law
B. codified in the Criminal Code
C. alibis
D. autrefois acquit and autrefois convict
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 41)An alibi is proven through some form of objective evidence. Examples include:
A. an eye witness
B. a third-party phone call
C. hearsay
D. anonymous letter
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 42)The violence that occurs when family members kill or commit a violent act against another family member because they believe that the victim has dishonoured the family name and reputation is called
A. family-based violence
B. honour-based violence
C. intimate-partner violence
D. death-dishonour violence
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 41)The definition of specific intent is
A. the accused person knows the potential consequences of an action but did not take into consideration the potential for the injury
B. the accused chooses not to consider the potential of the actions being criminal
C. the accused may not have planned to commit the offence
D. the accused is fully aware of the actions and their consequences
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 43)The police must not offer people opportunities to commit crime unless they have a reasonable suspicion that such people are already engaged in criminal activity. To do so is called
A. entrapment
B. necessity
C. mistake of fact
D. automatism
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 43)The age of criminal responsibility begins at
A. 10 years of age
B. 11 years of age
C. 12 years of age
D. 13 years of age
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 41)What is the Latin phrase which means ‘formerly acquitted’?
A. autrefois convict
B. autrefois acquit
C. de minimus
D. alibi
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 43)In the common law defence automatism, the accused is excused for his/her behaviour because
A. actus reus cannot be proven
B. the offence is so minor that a penalty would be too severe
C. there was no alternative course of action for the accused
D. mens rea is absent
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 44)A partial defence which applies only when an accused is charged with a specific intent offence, such as murder is called
A. voluntary intoxication
B. involuntary intoxication
C. consent
D. duress
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 44)Consent is never a defence
A. with voluntary intoxication
B. to being killed
C. for self-defence
D. relating to sexual offences
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 44)For the full defence of self-defence, it must be shown that the force used was
A. under duress
B. with consent
C. permitted by law
D. not excessive
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 44-45)The right to use as much force as is necessary to prevent any person from breaking into your house is called
A. peaceable possession
B. removal of a trespasser
C. defence of a dwelling
D. culpable defence
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 46)To be exempt from criminal responsibility, the burden of proof that an accused was suffering from a mental disorder is the responsibility of
A. the party that raises the issue
B. the investigating officer
C. the Crown attorney
D. the judge
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 47)If you help someone commit a crime you are considered
A. more responsible than the person you are assisting
B. a party to an offence
C. counselling to commit a crime
D. innocent of the offence
Learning Objective: 02-08 Define the ways one may be a party to an offence in Canada.
- (p. 47)Everyone who is on Canadian soil is expected to know what the current laws in Canada are. If you commit a crime you are responsible for it because
A. you are an accessory after the fact
B. they are a party to the offence
C. everyone is culpable in Canada
D. ignorance of the law is not a defence
Learning Objective: 02-08 Define the ways one may be a party to an offence in Canada.
- (p. 47)You cannot be charged with being a party to an offence for being an accessory after the fact when
A. you were the principal offender
B. you aided and abetted the principal offender
C. your spouse was the principal offender
D. you claimed ignorance of the law
Learning Objective: 02-08 Define the ways one may be a party to an offence in Canada.
- (p. 47)Which of the below is NOT a party to an offence
A. Someone who encourages a teenager to steal a car
B. An arsonist’s helper
C. A witness to a homicide
D. An employee at a gas station who leaves the cash drawer open while his friend steals the money
Learning Objective: 02-08 Define the ways one may be a party to an offence in Canada.
Short Answer Questions
- (p. 26)Define substantive and procedural law. What is the difference between the two?
Procedural law: law that provides direction on how to proceed within the criminal justice system. Substantive law: law that defines actions that are prohibited. Procedural laws are required to guide our processes and substantive laws are required to define crime.
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 26)What is one piece of information collected in the UCR Survey?
- A) Criminal offences known to the police; B) Unfounded offences; C) Actual criminal offences
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 27)What has been happening to the crime rate in Canada over the last twenty years?
The crime rate has been declining steadily over the past 20 years.
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 28-30)List three factors that can influence the crime rate.
Age, Gender, Legislation, Policing Policy and Data Collection Methods, Poor Economy
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 30-31)Describe the General Social Survey on Victimization.
The General Social Survey (GSS) on Victimization is a national survey, conducted every five years, designed to provide us with an understanding of the perceptions of Canadians related to the criminal justice system as well as their experiences with victimization. This survey is based on self-reported data.
Learning Objective: 02-02 Identify Canada’s crime rate and factors that may influence the crime rate.
- (p. 32)Describe the Criminal Justice Funnel.
The funnel refers to the reduction of crimes from the total number of crimes that occur in our society down to those that result in a conviction.
Learning Objective: 02-03 Understand the criminal justice funnel and its impact on society.
- (p. 32-33)Given the current crime trends, discuss the “Tough on Crime” agenda.
Crime rates have been going down; therefore it is interesting that new legislation has been created. 93% of Canadians surveyed felt satisfied with their level of personal safety.
Learning Objective: 02-03 Understand the criminal justice funnel and its impact on society.
- (p. 33)Define the term “crime”.
An act or an omission that is prohibited by law.
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 35-36)Describe the offence of criminal harassment.
Criminal harassment involves a person repeatedly following or communicating with another person, repeatedly watching someone’s home or workplace, or directly threatening another person or member of that person’s family causing that person to fear for his or her safety or the safety of someone he or she knows.
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 36)List and describe the three classifications of criminal offences.
A summary conviction offence is the least severe type of offence and an indictable offence is the most severe type of offence. A dual procedure offence, often referred to as a hybrid offence, is an offence that can be either an indictable or a summary conviction offence.
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 38)List two of the offences included in the Controlled Drugs and Substances Act.
Possession, trafficking, exporting, production of a substance.
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 38)List and define the elements of an offence.
Mens rea and actus reus. Actus reus refers to the prohibited act itself. The actus reus is the guilty action or omission. It is the physical action that defines the offence. Mens rea refers to the accused’s criminal intention. The mens rea is the guilty mind of the accused.
Learning Objective: 02-06 Identify and describe mens rea and actus reus: the elements of an offence.
- (p. 41)Define specific and general intent.
Specific intent: Exists when the accused is fully aware of his or her actions and their consequences. General intent: Exists when the accused may not have planned to commit the offence. The accused need only to commit a wrongful act.
Learning Objective: 02-06 Identify and describe mens rea and actus reus: the elements of an offence.
- (p. 43)Explain mistake of fact.
Mistake of fact is a common law defence whereby an accused person makes an honest and genuine mistake, in a situation where his or her actions were normally lawful.
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
- (p. 41)Define and describe autrefois acquit and autrefois convict.
Autrefois acquit; the Latin phrase meaning “formerly acquitted” and refers to a rule that a person cannot be tried for the same offence more than once. Autrefois convict; the Latin phrase meaning “formerly convicted” and refers to a rule that a person cannot be tried for the same offence more than once
Learning Objective: 02-07 Identify the defences that are available to defendants in Canadian courts.
True / False Questions
- (p. 26)Substantive law is the definition written in law as to which acts are criminal acts.
TRUE
Learning Objective: 02-01 Describe the ways in which crime is measured in Canada.
- (p. 32)The ‘filter’ is often used to describe the way in which crimes are processed within the criminal justice system.
FALSE
The Criminal Justice Funnel.
Learning Objective: 02-03 Understand the criminal justice funnel and its impact on society.
- (p. 32)The General Social Survey indicates that many more crimes occur than are reported to the police.
TRUE
Learning Objective: 02-03 Understand the criminal justice funnel and its impact on society.
- (p. 33)Since being introduced to the Criminal Code in 1921, as ‘driving while intoxicated,’ the penalty and perception of impaired driving has become decreasingly severe.
FALSE
Increasingly severe.
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 33-34)There are a number of offences that have been created, repealed, or amended because of changing societal attitudes and values. Examples of laws that have been modified in recent history are murder and abortion.
FALSE
Murder laws remain constant.
Learning Objective: 02-04 Explain the dynamic nature of our laws and provide specific examples of laws that have been created; repealed; or amended in recent history.
- (p. 36)The indictable offence is the least severe type of offence.
FALSE
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 37)A charge related to a summary conviction offence must be laid within six months from the time of the offence.
TRUE
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 38)The crime ‘murder’ is included in the offence category called ‘offences against the person and reputation’.
TRUE
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
- (p. 39)The most violent hate crimes reported are those motivated by sexual orientation.
TRUE
Learning Objective: 02-05 Describe how offences are classified in the Criminal Code of Canada and the impact of the classification.
Chapter 04
Criminal Courts
Multiple Choice Questions
- (p. 78)Which act determines the structure of Canada’s court system?
A. The Constitution Act, 1867
B. The Constitution Act, 1967
C. The Charter of Rights and Freedoms
D. The Canadian Criminal Code
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 78)Who has the authority for the judicial system?
A. Federal government
B. Provincial government and municipal governments
C. Federal and provincial governments
D. Provincial government
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 78)Most of the criminal cases in Canada are heard in the _______________________.
A. Mental Health court
B. Federal court
C. Supreme Court of Canada
D. Provincial and territorial court
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 79)The first level of courts (provincial and territorial) where all accused persons will make a first appearance, are often referred to as
A. superior court
B. lower court
C. first court
D. general court
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 79)The goal of the ‘specialized’ court is
A. problem solving and prevention
B. early intervention
C. fast tracking cases
D. to ensure offenders are sentenced quickly
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 79)Specialized provincial and territorial courts do NOT include courts that deal with
A. sexual assault
B. mental health
C. domestic violence
D. substance abuse
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 80)The traditional court system has proven to be ill-equipped to deal with domestic violence cases because _______________________
A. the victim usually recants her testimony.
B. there are many cases in which dual charges are laid.
C. of the complexity of the cases.
D. domestic violence is a private matter.
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 80)The goals of the domestic violence court is to
A. ensure the victim understands that the offender made a mistake
B. reunite families
C. ensure offenders are incarcerated
D. support victims and ensure offenders are held accountable
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 80)To qualify for a peace bond in the domestic violence court, a low-risk accused person must
A. demonstrate an understanding of the scope of domestic violence in Canada
B. take responsibility for their behaviour and agree to take court-ordered specialized counselling
C. agree to couples counselling with the victim
D. write a letter of apology to the victim
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 80)The Supreme Court demands that “special consideration should be given to Aboriginal persons regarding sentencing”. The courts for Aboriginal persons in Canada are sometimes called _____________________________.
A. “Gladue” courts
B. Aboriginal-centric courts
C. First-nations procedure courts
D. unique circumstance court
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 80)What is the benefit of the use of Closed Circuit Television in court?
A. Judge does not have to take as many notes.
B. It allows the jury to see the accused.
C. It saves time and money as the accused does not have to be transported from his/her correctional facility.
D. The offender can ask the Judge procedural questions.
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 82)The Supreme Court of Canada’s decisions are
A. recommendations
B. open to interpretation
C. appealable following approval based on written application
D. precedent setting, applicable throughout Canada and cannot be appealed
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 83)To be appointed to a Superior, Federal, or Supreme Court, a lawyer must
A. undergo criminal background reference checks
B. have been practising law for a minimum of 10 years
C. must be free from bias
D. must be qualified to practice law in Canada
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 83)A judge is eligible to serve on the bench until the age of retirement in his or her jurisdiction. This is referred to as
A. judicial tenure
B. retirement tenure
C. judicial security
D. security of tenure
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 83-84)The ethical principles of judges from the Canadian Judicial Council do NOT include
A. exhibit high standards of judicial conduct
B. reinforce political confidence
C. exercise their judicial functions independently and free from influence
D. reject any attempt to influence their decisions
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 84)The criminal justice system in Canada can be described as
A. adversarial
B. confrontational
C. collaborative
D. cooperative
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 84)The Crown prosecutor (the Crown) represents
A. the Canadian Judicial Council
B. the accused
C. the victim
D. the people of Canada
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 84)If the Crown decides not to proceed with a criminal case, which of the following is NOT a possible outcome?
A. the case can be dismissed
B. the case can be adjourned
C. the police can continue with the prosecution
D. the charges may be withdrawn
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 85)The role of the defence lawyer does NOT include
A. obtaining statements from the victim
B. ensuring the legal rights of the accused are protected
C. questioning the Crown prosecutor’s case
D. questioning the actions of the police
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 85)The police play the biggest role in the criminal court trial _________________________.
A. after the commencement of the trial
B. during the trial
C. before the commencement of the trial
D. when they convict the accused
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 85)The victim impact statement can be presented to the court
A. as part of the victim’s testimony
B. upon cross examination by the defence counsel
C. only at the sentencing stage
D. only in writing before the trial begins
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 85-86)Jury duty is
A. voluntary
B. a legal obligation imposed on citizens
C. designed to represent the elite
D. a two year commitment
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 86)At a reverse onus hearing, which of the following would NOT be a consideration?
A. Will the accused appear in court?
B. Will the public be at risk if he/she is released?
C. Will the administration of justice be compromised?
D. Will the victim consent to the release?
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 87)A surety is
A. someone who is held financially responsible if the accused does not appear in court
B. a bail bondsman
C. the same as a recognizance
D. a written promise to appear in court
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 87)When an accused is released the following condition CANNOT be imposed
A. no communication directly/indirectly with the victim
B. do not enter a designated area
C. issue an apology to the victim
D. do not enter a restaurant where liquor is served
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 88)A remand to obtain a pre-sentence report must be no longer than ____ days according to the Criminal Code.
A. 1
B. 3
C. 5
D. 8
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 88)An accused has the right to be tried by a jury where the maximum punishment for the offence is ____ years or more.
A. 1
B. 3
C. 5
D. 7
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 89)Which of the following is NOT a pre-trial motion?
A. motion to be tried by a jury
B. motion for change of venue
C. motion to determine fitness to stand trial
D. motion to ban publication
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 89)Disclosure is
A. the requirement for the defence attorney to disclose all scheduled witnesses to the Crown attorney prior to trial
B. the requirement for the Crown attorney and the police to provide copies of all the evidence against the accused to the accused prior to trial
C. the police must provide all written reports and statements to the Crown attorney prior to charges being laid
D. the requirement for the Crown attorney and the defence attorney to provide copies of all the evidence to the judge prior to trial
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 90)At a preliminary inquiry, the onus is on the ___________ to prove that they have sufficient evidence necessary for the prosecution.
A. police
B. defence attorney
C. Crown prosecutors
D. Judge
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 90)At a preliminary inquiry, the Crown prosecutors must
A. call all witnesses that will be called at the trial
B. provide full disclosure
C. present all available evidence
D. present enough evidence to prove that they have a sound case
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 91)If the judge believes after the preliminary inquiry that there is insufficient evidence to proceed to trial, the judge ________________ the accused.
A. convicts
B. discharges
C. acquits
D. waives
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 91)Plea bargaining is a term used to describe a process that occurs outside formal court proceedings where an accused person agrees to _______________________ in return for the prosecutor’s agreement to reduce or amend a criminal charge or a sentence.
A. a preliminary hearing
B. early release
C. plead guilty
D. not enter a plea
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 91)Rules relating to plea bargaining can be found
A. in the Charter of Rights and Freedoms
B. in the Constitution Act
C. in the Criminal Code of Canada
D. None of these answers are correct
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 92)What is the minimum number of jurors needed for a trial to continue?
A. 12
B. 11
C. 10
D. 9
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 93)Which best describes circumstantial evidence?
A. It is evidence that requires the court to draw inferences and make connections to the fact
B. It is information from witnesses to an offence
C. It is not sufficient to lead to a verdict of guilt
D. It includes physical evidence like weapons, fingerprints notes, bullets, etc
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 93)Which of the following is NOT capable of being a witness?
A. A police officer
B. A victim
C. A citizen with hearsay evidence
D. The defendant
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 94)What is the order of questioning for witnesses on the stand?
A. Opening remarks, cross-examination, direct examination.
B. Direct examination, cross-examination, redirect, cross-examination.
C. Opening questioning, redirect, cross-examination.
D. Direct examination, redirect, cross-examination.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 95)The charge to the jury is intended for the Judge to instruct the jury as it prepares to deliberate. The charge to the jury DOES NOT include the following:
A. a summary of the evidence presented
B. a summary of the Judge’s thoughts as to guilt or innocence
C. a reminder of the jury’s role and the court’s expectation
D. a reminder of the meaning of “proof beyond a reasonable doubt”
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 93)What is hearsay evidence?
A. The accused’s evidence while on the stand
B. What the victim heard the accused say
C. What a witness heard when they were standing near the victim
D. What a witness knows based on what was told to him/her by another person
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 95)What is the length of time that a jury has to deliberate?
A. One hour
B. 24 hours
C. 72 hours
D. No limit
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 95)Once a jury reaches a verdict,
A. it advises the court of the verdict and then deliberates on what sentence is appropriate.
B. it advises the court, and the judge decides if the decision is appropriate.
C. it advises the court of the verdict. The judge then decides what sentencing is appropriate.
D. it meets with the judge in chambers to advise him/her.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 96)An appeal court can make any of the following decisions EXCEPT
A. decide that the law is not appropriate and make changes to it
B. decide not to hear the appeal because there are not sufficient grounds
C. hear the appeal and direct that the defendant be acquitted or order a new trial
D. decide that the sentence is appropriate, or increase or reduce it
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 96)Diversion programs are available to offenders EXCEPT
A. offenders with special needs
B. repeat offenders
C. when they take responsibility for their actions
D. those with minor criminal records
Learning Objective: 04-04 Describe the options for diverting criminal cases from the traditional court system.
- (p. 98)Factors resulting in wrongful conviction include the following EXCEPT for
A. tunnel vision, where police investigators do not proceed with an open mind
B. reliable in-custody informers
C. flawed forensic and expert testimony
D. public and media pressure to convict
Learning Objective: 04-05 Identify several challenges that face the criminal court system.
- (p. 100)The Supreme Court outlined four factors that needed to be considered when determining when a delay in the trial process is reasonable. The factors are the following EXCEPT for
A. the length of the delay
B. the cost of the trial
C. prejudice to the accused
D. the explanation for the delay
Learning Objective: 04-05 Identify several challenges that face the criminal court system.
- (p. 78)Which government is responsible for administering the Supreme Court of Canada?
A. The provincial government alone
B. The federal government alone
C. The provincial and federal governments
D. Neither provincial nor federal governments
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 79)Each province and territory in Canada administers its own court system, with the EXCEPTION of
A. Nunavut
B. Prince Edward Island
C. Northwest Territories
D. British Columbia
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 82)The Supreme Court of Canada is the final court of appeal in Canada. It hears cases from all of the following EXCEPT
A. Criminal
B. Civil
C. Tort
D. Constitutional
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 83)While it is usual that all nine judges of the Supreme Court of Canada will sit together to hear a case, the minimum number of __ is required.
A. 4
B. 5
C. 6
D. 7
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
Short Answer Questions
- (p. 85)Discuss the right for a defendant to defend him/herself. List and explain any problems that you believe could arise.
The defendant may not benefit from the best defense due to a lack of understanding of the system. The defendant may not understand the process and therefore slow down the efficiency of the process. The defendant may cause the victim further distress upon examination and cross-examination.
Learning Objective: 04-02 Identify the key players in the criminal court process.
- (p. 92)There are those in support and who oppose plea bargaining. Explain both positions.
Plea bargaining supporters believe that it is required in order for the criminal justice system to function efficiently. Some believe that if every criminal case required a trial before a judge, the system would ground to a halt.
Those who are opposed to plea bargaining see it as an injustice to victims, that a bargain minimizes the seriousness of the crime and the victim’s experience.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 93)Define direct evidence.
Direct evidence is evidence that proves a fact and does not require additional explanation or assessment.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 94)What is first-hand knowledge?
The evidence that is presented by a witness must be restricted to that which he or she knows first-hand, rather than anything learned (or heard) from someone else. First-hand knowledge is referred to as primary evidence or best evidence.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 94)What is cross-examination?
Cross-examination is required to test the witness’ credibility to ensure that the evidence has legal integrity.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 94)Define and describe perjury.
A criminal offence where a person knowingly makes a false statement while under oath, as in a court of law.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 95)What is a hung jury?
If the jury is not able to arrive at a unanimous verdict.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 96)What is an appeal?
An appeal is an examination by a higher court of the decision of a lower court.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 97)List three examples of diversion programs.
Community service work, restitution, victim/offender reconciliation, education programs, treatment programs, letter of apology, public apology.
Learning Objective: 04-04 Describe the options for diverting criminal cases from the traditional court system.
- (p. 99)List three men who were wrongfully convicted in Canada.
Steven Truscott, Donald Marshall Jr., David Milgaard
Learning Objective: 04-05 Identify several challenges that face the criminal court system.
- (p. 80-81)Explain why “Gladue” courts were created.
The Supreme Court said Canada relied on incarceration more so than other countries and that this over-reliance was a problem of much greater concern for sentencing Aboriginal Canadians.
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 80)List two alternatives to sentencing available for participants of the Drug Treatment Courts.
A structured outpatient program that includes individual and group counselling, and appropriate medical attention, which includes methadone if required.
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
- (p. 89)When would a change of venue be requested?
A motion to change the venue may be requested if there is a belief that the accused will not receive a fair trial in the city/town where the offence occurred.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 86)What is a show cause hearing?
It is a hearing where the Crown must show cause why the accused should be detained in custody.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 87)Define the term recognizance.
A recognizance is a document signed by an accused person indicating that he or she promises to appear in court for a trial.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
True / False Questions
- (p. 91-92)Types of plea bargaining include charge bargaining, sentence bargaining, and bargaining related to the facts of the case.
TRUE
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 92)To prevent the selection of a jury member, the Crown or the defence can make a pre-emptory challenge. The Crown or defence must identify the reason for the challenge.
FALSE
The pre-emptory challenge is one that occurs where there is no questioning of the potential juror and no reason for the challenge is required.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 93)The defence is not required to offer any evidence in a trial.
TRUE
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 93)Evidence is an assertion of fact, suspicion, belief, or knowledge.
FALSE
Evidence is an assertion of fact, opinion, belief, or knowledge.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 92)One potential impact on a plea bargain for the victim of the offence is that it may minimize the seriousness of the crime and the offender’s experience.
FALSE
It may minimize the seriousness of the crime and the victim’s experience.
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 94)Any person charged with an offence has the right not to be compelled to be a witness in proceedings against that person in respect of the offence. This is often referred to as “the right to remain silent.”
TRUE
Learning Objective: 04-03 Describe the basic procedure of a criminal trial and the flow of a criminal case from arrest to appeal.
- (p. 97)One of the fundamental aspects of our court system is that it is open and accessible, enabling the public to witness the criminal justice system in operation.
TRUE
Learning Objective: 04-05 Identify several challenges that face the criminal court system.
- (p. 98)Never in Canada has anyone been wrongfully convicted.
FALSE
Learning Objective: 04-05 Identify several challenges that face the criminal court system.
- (p. 79)In Nunavut all cases are heard by a single, unified court—the Nunavut Court of Justice, a superior court.
TRUE
Learning Objective: 04-01 Describe the structure of the court system; the role and significance of each level of criminal courts in Canada.
Reviews
There are no reviews yet.