1. The location or site where a criminal offence has taken place is called a(n)?
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1 Canadian Law 2204 Criminal Law and he Criminal Trial Process Unit 2 Test Multiple Choice Name: { / 85} 1. The location or site where a criminal offence has taken place is called a(n)? death trap investigative area crime scene contamination scene 2. Which of the following is NOT a duty a police officer is to perform when first arriving at the scene of a crime? call an ambulance and assist injured people at the scene call in reinforcements to help eliminate any hazards such as fires search the scene of the crime even if the perpetrators have left read the legal rights to everyone present at the scene of the crime 3. The area surrounding the center of the scene of a crime where the offender may have been present, or left evidence, is called the? critical area perimeter escape route danger zone 4. Which of the following is NOT a reason that a crime scene is preserved? to ensure that the owners of the property have a chance to observe any damage done, or determine if anything is missing to allow for a thorough search of the scene to seize and collect all physical evidence to ensure that any physical evidence seized is not tampered with and is admissible in court 5. The loss, destruction, or alteration of physical evidence is called? contamination police officer stupidity wasted evidence blemished evidence 6. This person is usually the first person to arrive at a crime scene. S/he has a beat or an area that this person checks out on a regular basis. criminal identification officer criminal investigation bureau officer patrol officer scenes of crime officer 7. At a crime scene this person is responsible for searching the crime scene, examining the scene for physical evidence, gathering and analyzing evidence, and sending certain types of evidence to the laboratory for analysis. criminal identification officer criminal investigation bureau officer patrol officer scenes of crime officer
2 8. This type of police officer is a plainclothes detective with experience in a particular area of crime, such as homicide, robbery, or sexual offences. criminal identification officer criminal investigation bureau officer patrol officer scenes of crime officer 9. Which of the following is NOT an example of physical evidence? human hair tire impression hammer with fingerprints eyewitness testimony 10. What is the most common body substance found at a crime scene? semen saliva blood feces 11. Which of the following is an example of an individual characteristic? a steel-belted radial tire a Honda Civic a tear in the seat of a Big Bear a Black and Decker drill 12. Which of the following steps is NOT correct for a police officer making a lawful arrest? Police officer must identify himself/herself as a police officer Advise the accused that s/he is under arrest Inform the accused of the charge if the accused wants to know, and show the arrest warrant if one has been obtained Touch the accused to indicate that s/he is in legal custody 13. Legally depriving someone of liberty by seizing or touching the person to indicate that s/he is in custody is called? detention unlawful arrest arrest cruel and unusual punishment 14. Which of the following is NOT a means by which police can apprehend an offender? appearance notice arrest with a warrant arrest without a warrant arresting in another country 15. A legal document issued for an indictable offence, ordering an accused person to appear in court is called a(n)? appearance notice subpoena summons arrest warrant 16. A court official who has less authority than a judge, but can issue warrants and perform other judicial functions is called a(n)? judge assistant court clerk justice of the peace bailiff
3 17. Section 495 of the Criminal Code lists three circumstances under which the police may arrest suspects without a warrant. Which of the following is NOT one of those circumstances? Police have reasonable grounds to suspect a person has either committed an indictable offence or is about to commit one Police find a person in the act of committing a criminal offence Police find a person who was recently released from prison Police find a person who they believe is named on an arrest warrant 18. Which of the following is NOT the role of a judge in a jury trial? decides on the admissibility of evidence controls the events in the courtroom decides on the guilt or innocence of the accused interprets the law pertaining to the case 19. The judge in a criminal trial is responsible for all but which of the following? trier of the facts deciding on the sentence if the accused is found guilty instructs the jury on points of law questions witnesses on the witness stand 20. Jimmy was caught stealing cigarettes from the local grocery store and was charged with theft. During the criminal trial, Jimmy is called the? defendant plaintiff prosecutor defence 21. Identify the court official who is expected to record everything said in court during a trial. court reporter court security officer court clerk transcript 22. Identify the court official who is responsible for maintaining security in the court room. court clerk sheriff bailiff court security officer 23. Identify the court official who keeps a record of the trial exhibits, administers oaths, and announces the beginning and end of the court session. court reporter court security officer court clerk bailiff 24. Frankie saw Susie punch Jennifer in the face after a fight over Tom. A police officer appears at Frankie s house with a court order to appear in court on March 3. Frankie has been? summoned subpoenaed arrested vindicated
4 25. If Frankie (from question 24) fails to appear in court on March 3 he can be found guilty of contempt, and which of the following may happen? Nothing, since he is only a witness He could be imprisoned for 5 months He could be issued a fine of $65 They will arrest Frankie s wife instead 26. While on the witness stand, Frankie(from question 24) says he saw Susie punch Jennifer about 20 times. However, he actually only saw Susie punch Jennifer 5 times. Since Frankie lied while under oath, he has committed? subpoena perjury adultery a security breach 27. Which of the following does NOT describe the jury in a criminal trial in Canada? It is composed of 12 men and women Jury members must be at least 20 years of age Jury members must be Canadian citizens Jury members should be a member of the province where the trial is occurring for at least one year 28. The first stage of a criminal trial in which the charge is read and the accused enters a plea is called the? opening statement charge to the jury arraignment direct examination 29. Exemptions from jury duty may be granted for all but which of the following reasons? you have a terminal cancer you have served on a jury within the last 2 years you are a police officer you had a trip planned to Florida 30. In a criminal trial, the burden of proof is placed on the? accused Defence counsel Crown plaintiff 31. The juror who is selected to communicate with the judge, and lead the other jurors through their deliberations is known as the? foreperson superior juror main juror leading juror 32. Which counsel always presents its case first in a criminal trial and why? Defence; it has the burden of proof Defence; the accused always has the right to testify first Crown; it has the burden of proof Crown; C comes before D in the alphabet
5 33. What type of information is NOT contained in the Crown s opening statement in a criminal trial? the offence committed summarizes the evidence against the accused outlines how the Crown will present names the witnesses to be called in the trial its case 34. The first line of questioning of a witness to determine what s/he observed about the crime is known as? primary examination cross-examination direct examination initial questioning 35. When the Crown has finished presenting its case, the Defence may ask for a(n)?, which is a request that the judge dismiss the charges against the accused. recess hung jury motion for dismissal rebuttal 36. A question asked by an attorney during a criminal trial that suggests to the witness a particular answer is called a(n)? leading question opinion statement hearsay statement immaterial question 37. When may the Defence or the Crown ask a witness to give an opinion? if the witness is an expert in his/her field if the witness is 99% certain that what s/he is saying is correct if the witness arrived at the scene of the crime within 5 minutes of it occurring never 38. A form of electronic surveillance involving recording a speaker s oral communication by using an electronic device is known as? wiretapping a polygraph taping bugging 39. Which of the following is FALSE regarding polygraph testing? The person who administers the polygraph must be a skilled examiner It is also known as a lie-detector test The results of the test will determine the person s innocence or guilt and is admissible in court It can measure changes in pulse, respiration, and blood pressure 40. A mini-trial that can occur within a trial, quite often relating to the admissibility of evidence, where the jury cannot be present, is known as a(n)? voir dire charge to the jury polygraph secret meeting
6 TRUE/FALSE 41. Beyond a reasonable doubt means that the defendant s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant committed the crime. 42. Duty counsel provides free legal advice to a person being charged or interrogated at the police station or making a first appearance in Provincial Court. 43. Witnesses are often questioned on their opinions about the case on the witness stand. 44. The burden of proof to prove the guilt of the accused is the responsibility of the Defence counsel. 45. Suspects are required to answer all questions asked by police officers after being arrested. Place in the Correct Order For numbers on the answer sheet, consider each of the following statements that are part of the process in a trial by jury, and place them in the correct order. (1). Crown presents opening statement. (2). Jury returns the verdict (3). Accused is arraigned (4). Defence presents opening statement (5). Direct examination of witnesses by the Crown (6). Direct examination of witnesses by the Defence (7). Jury deliberates (8). Jury is selected and a foreperson is appointed (9). Counsel delivers closing arguments (10). Judge gives a charge to the jury Part II: Constructed Response Items {30 marks total} Complete any 6 of the following 10 questions. 1. What is DNA testing? Explain why it has become a very important method in helping police solve crimes. 2. Why is it very important for police officers to conduct arrests, detentions, or investigations according to established procedures? What are three items that an arresting police officer must say to the person being arrested? Even though police officers are required to ask suspects questions as they investigate a crime, they cannot force a suspect to answer their questions. Why? 3. Draw a sketch of the proper seating of the key participants in a traditional courtroom. Include the following in your sketch: Defence Counsel, Crown Attorney, Observers, Witness Stand, Judge, Jury, Court Clerk, Accused, Court Recorder
7 4. What are the two fundamental principles of Canada s criminal justice system? What does it mean to prove beyond a reasonable doubt? 5. Discuss the role of Defence Counsel in a criminal trial. Discuss the role of the Prosecution in a criminal trial. What important ruling did the Supreme Court of Canada pass in 1955 regarding the role of the prosecution? 6. List four key points regarding the role of the jury in a criminal trial. Would you like to serve on a jury? Explain why or why not. 7. During a criminal trial, either the Crown or the Defence may object to questions asked by the opposing attorney, or to answers provided by the witnesses. List and briefly explain three of the grounds for objection in a criminal trial. {Recall: the rules of evidence} 8. Distinguish between direct evidence and circumstantial evidence, and provide an example of each in your answer. 9. What does the Crown hope to achieve in its summary or closing argument? What does the Defence hope to achieve in its summary or closing argument? What is a charge to the jury, and why must the judge perform this duty carefully? 10. Explain what is meant by a hung jury. What happens in a case such as this? If a case is brought to a Court of Appeal, what are the three possible rulings that can result? Part III: Case Study {10 marks total} You will receive the case study once the other parts of the test have been submitted.
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