Test
CRIMFINALW2
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Preguntas del test (31)
1In relation to Police power, you are free to do as you please
- AVerdadero
- BFalso
2Include all elements that enable / justify police powers:
- ACommon law Powers
- BCriminal Code s 496
- CCriminal Code s 495
- DAncilliary Powers Doctrine Test
3section 495(1)(a) "Reasonable Grounds" includes only subjective elements, and no objective elements
- AVerdadero
- BFalso
4Include all of the steps within the Ancillary Powers Doctrine Test from R v Dedman
- ADoes the conduct fall within any Crown duty imposed by Statute or Common law
- BDoes the conduct fall within any police duty imposed by Statute or Common law
- CThe conduct was within the general scope of duties, but it was not justified
- DThe conduct was not within the general scope of duties, but it was justified
5What are three roles of police officers according to R v Dedman?
- AProtection of crime, patrolling communities and Punishing offenders
- BPenalizing accused individuals, protecting the community, patrolling communities
- CPreservation of peace, punishing offenders, patrolling communities
- DPreservation of peace, protection of life and protection of crime
6The Police are entitled to impose on liberties, only if statute or the common law imposes it
- AVerdadero
- BFalso
7In order for a detention not to be arbitrary:
1) There does not have to be a clear nexus between the detained individual and an ongoing investigation
2) It must be premised on legal authority- AVerdadero
- BFalso
8Detention is only physical
- AVerdadero
- BFalso
9According to R v Mann, Investigative detention should:
- ABe lengthy
- BBe brief
- CImpose an obligation on the individual
- DShould not impose an obligation
10According to R v Grant, the power to detain can be exercised on a hunch
- AVerdadero
- BFalso
11According to R v Mann, when can police officers conduct a pat-down?
- AThe police officer has reasonable grounds to believe their safety is at risk
- BThe police officer has sufficient grounds to believe their safety is at risk
- CThe police officer has sufficient grounds to believe the safety of others is at risk
- DThe police officer has reasonable grounds to believe the safety of others is at risk
- EThe individual is detained
- FThe individual is not yet detained
12According to R v Grant, when detention is NOT physical, which elements must be considered:
- ANature of the accused's conduct
- BNature of the police conduct
- CCircumstances that gave rise to the interaction between accused and police as would reasonably be perceived by the individual
- DCircumstances that gave rise to the interaction between accused and police as would reasonably be perceived by the police
- ECharacteristics of the police
- FCharacteristics of the accused
13All interactions with police are detentions
- AVerdadero
- BFalso
14According to Subaru, from the moment someone is detained when should they be informed of their right to counsel?
- ANone of these answers apply
- BBefore you are detained
- CAfter the police ask some questions to make sure they have a reason to detain you
- DFrom the moment you are detained
15It is a police officer's moral duty to inform you of your right to counsel
- AVerdadero
- BFalso
16Prior too 1982, confessions made by accused individuals were admissible even if they were not voluntary
- AVerdadero
- BFalso
17The Common law Confessions Rule relies on voluntariness to determine the admissibility of statements made to an authoritative figure during an investigation
- AVerdadero
- BFalso
18According to R v Oickle, WHO has the burden of proof to show statements made in a confession during an investigation were made voluntarily? and which standard is it?
- AThe Crown, Balance of probabilities
- BThe accused, Beyond a reasonable doubt
- CThe Crown, Beyond a reasonable doubt
- DThe accused, Balance of probabilities
19According to R v Oickle, the burden of proof shifts when a Charter argument is made. The accused must proved on a balance of probabilities their statements made during an investigation to an authority figure were not voluntary
- AVerdadero
- BFalso
20The Charter explicitly guarantees the right to silence
- AVerdadero
- BFalso
21Which section of the Charter is used for the Right of Silence?
- Asection 5
- Bsection 7
- Csection 10
- Dnone of these
22Upon arrest or detention, which rights must you be informed of?
- AYour right to silence
- BYour right to counsel
- CA and B
23According to R v Hebert, the use of undercover cops are unconstitutional and should not be used
- AVerdadero
- BFalso
24According to R v Subaru, when does the Right to Silence begin and when does it end?
- ABegins at charge/arrest, ends at trial
- BBegins at pre-charge, ends at charge/arrest
- CBeings at pre-charge, ends at trial
- DBegins at charge/arrest, ends after charge/arrest
25According to R v Singh, section 7 of the Charter Right to Silence is contained within the Common Law Rules of Confessions
- AVerdadero
- BFalso
26According to R v Mannienen, section 10(b) includes the duty to offer the respondent use of the telephone
- AVerdadero
- BFalso
27Why were the accused's section rights violated in R v Brydges?
- AThe police did not provide sufficient information on obtaining advice from duty counsel because the accused indicated he could not afford a lawyer
- BThe police did not inform him of his right to counsel without delay
- CThe police did not cease questioning
- DNone of these are correct
28According to R v Sinclair, detained individuals have the right to continuous and ongoing presence of counsel
- AVerdadero
- BFalso
29According to R v Sinclair, when can a detained individual re-consult consult?
- AThe presence of counsel is ongoing and continuous, so they can be re-consulted at any point
- BDuring the charge/arrest phase in the criminal proceeding
- CWhen a significant change in the circumstances occurs
- DThroughout the interview process
30Under section 24(2) of the Charter, the remedy for a Charter breach is the automatic exclusion of evidence
- AVerdadero
- BFalso
31The Common Law Ancillary Powers Doctrine Test is used when there are no statutory authority for a police officer to do anything
- AVerdadero
- BFalso
Información
- Descripción
- Test sobre CRIMFINALW2, creado por Jules Dapula el 02/04/2019.
- Autor
- Jules Dapula
- Idioma
- English
- Visitas
- 5
- Valoración
- Aún sin valoraciones Valora este test