answers
- In Canada, the rights of suspects are included in the Charter of Rights
and Freedoms. And include the rights to silence and legal counsel.
Rights and freedoms of Canadian suspects are not always protected
which means that evidence collected by the police not deemed
inadmissible in court. Ans✓✓✓ Miranda rights?
-"Scare tactics" that " show interrogator's certain belief that the suspect
is guilty and that denials will fail".
-These techniques can include making an accusation, interrupting
denials, overriding objective and citing evidence, real or manufactured
to shift the suspects mental state from confident to hopeless.
Example: Police telling a suspect that there were multiple witnesses to
a crime that the suspect committed when there was not any. Ans✓✓✓
Maximization technique?
-3 criteria was outlined for determining unfitness in the case of R. v.
Pritchard (1836):
1. Whether the defendant is mute of malice (i.e. intentionality)
2. Whether the defendant can plead to the indictment
,3. Whether the defendant has sufficient cognitive capacity to
understand the trial proceedings Ans✓✓✓ Criteria outlined for
Determining Unfitness?
-3 general dependent variables in eyewitness studies are:
1. Recall of the event/crime
2. Recall of the perpetrator
3. Recognition of the perpetrator Ans✓✓✓ Dependent Variables of
Eyewitness Testimony?
-A confession either intentionally fabricated or is not based on actual
knowledge of the facts that form its content. Ans✓✓✓ False
Confessions?
-A confession that is later disputed at trial.
These confessions may arise because of legal technicalities, or because
the suspect disputes the confession was ever made. Ans✓✓✓ Disputed
Confession?
-A confession that the confessor later declares to be false (regardless of
if it actually is). Ans✓✓✓ Retracted Confession?
-A decision not to prosecute, but rather have an offender undergo an
education or community service program.
,-The court can divert the offender directly into a treatment program
rather than have him or her go through the court process. Ans✓✓✓
Diversion?
-A lineup that "suggests" whom the police suspect and thereby whom
the witness should identify. Ans✓✓✓ Biased lineups?
-A profiling model used by the FBI that assumes the crime scenes and
backgrounds of serial offenders can be categorized as organized or
disorganized.
→ Organized crime behaviours reflect a well-planned and controlled
crime
-Can also be applied to backgrounds, an organized background
characterizes as a methodical individual
→ Disorganized behaviours reflect an impulsive crime, which is chaotic
in nature.
-Disorganized background characteristics reflect a disturbed individual,
who is usually suffering from some form of psychopathology. Ans✓✓✓
Organized-disorganized model?
-A sentence served in prison
→ Offenders with less than two years go to provincial/territorial prisons
, → Offenders with two or more go to federal penitentiaries Ans✓✓✓
Imprisonment?
-A standard for accepting expert testimony, which states that expert
testimony will be admissible in court if the basis of the testimony is
generally accepted within the relevant scientific community. Ans✓✓✓
General Acceptance test?
-A witness who provides the court with information (often an opinion
on a particular matter) that assists the court in understanding an issue
of relevance to a case.
→ "To provide assistance to the triers of fact- either to the judge or a
jury - in the from of an opinion based on some type of specialized
knowledge, education, or training."
(This person is to act as an educator to the court, not as a defense or
prosecutor) Ans✓✓✓ Expert Witnesses?
-Absolute Discharge
-Conditional Discharge Ans✓✓✓ Dispositions made following NCRMD?
-Absolute judgment: where each lineup member is compared to their
memory of the perpetrator to decide whether the lineup member is the
perpetrator. Ans✓✓✓ What kind of Judgement does a Sequential
encourage?