Podcast
Questions and Answers
In which scenario is a legally married person required to testify against their spouse?
In which scenario is a legally married person required to testify against their spouse?
- A civil lawsuit where both spouses are named as defendants.
- A case involving financial fraud committed by one spouse.
- A dispute over property ownership between the couple.
- A domestic violence incident where one spouse is the alleged victim. (correct)
An officer arrests an individual. Which of the following is a required component of a lawful arrest?
An officer arrests an individual. Which of the following is a required component of a lawful arrest?
- Obtaining a written confession before allowing access to counsel.
- Informing the individual of the reason for the arrest. (correct)
- Immediately conducting a thorough search of the individual's residence.
- Presenting the individual to the media for public acknowledgment of the crime.
The Crown is presenting a criminal case. What is the standard of proof required for a conviction?
The Crown is presenting a criminal case. What is the standard of proof required for a conviction?
- Any credible evidence.
- A preponderance of the evidence.
- Clear and convincing evidence.
- Beyond a reasonable doubt. (correct)
A witness has been legally served with a subpoena to appear in court, but fails to attend. What is the most likely legal consequence?
A witness has been legally served with a subpoena to appear in court, but fails to attend. What is the most likely legal consequence?
During a polygraph examination, an individual makes an incriminating statement. Although the polygraph results are inadmissible in court, under what circumstances could their statement be used?
During a polygraph examination, an individual makes an incriminating statement. Although the polygraph results are inadmissible in court, under what circumstances could their statement be used?
Flashcards
Eyeball witness
Eyeball witness
A person taken to identify a suspect at a location.
Subpoena
Subpoena
A legal order requiring a witness to appear in court.
Hearsay evidence
Hearsay evidence
Information not allowed in court as it's from a third party.
Compellable witness
Compellable witness
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Polygraph non-admissibility
Polygraph non-admissibility
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Study Notes
Witness Testimony and Legal Procedures
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Marital Privilege: Legally married couples do not have to testify against each other, unless a domestic violence or assault case is involved.
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Eyewitness: A witness taken to a location to identify a suspect is referred to as an eyewitness.
Detention and Arrest
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Detention: The temporary suspension of a person's liberty, achieved through physical or psychological restraint.
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Arrest: The seizure or physical contact of an individual by a law enforcement officer for the purpose of detention.
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Lawful Arrest Duties: Four duties must occur for a lawful arrest:
- Physical control of the suspect
- Clear justification/reason for the arrest
- Explanation of the suspect's right to counsel
- Warning before taking a statement.
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Young Person Definition: A "young person" is someone over the age of 12 and under 18.
Burden of Proof and Court Procedures
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Crown's Burden of Proof: The Crown (prosecution) must demonstrate their case "beyond a reasonable doubt."
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Subpoena: The legal process for compelling witnesses to appear in court.
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Consequences of Failing to Appear: Failure to comply with a subpoena can lead to an arrest warrant being issued by a judge.
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Hypnosis in Investigation: Hypnosis is an investigative technique used to aid in recalling information.
Witness Competence and Rights
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Competence: The legal ability to testify; generally, individuals 14 years or older are considered legally competent.
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Juvenile Witness Testimony: A judge must question a 12-year-old witness to ensure they can provide truthful testimony.
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Compellable Witness: A witness who is legally required to testify, without excuse.
Confidential Informants and Agents
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Confidential Informant (CI): A person who provides information to law enforcement in exchange for confidentiality.
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Agent: A person directed by police for gathering information about others.
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CI Motivation: CIs often want monetary compensation for information.
Witness Testimony in Court
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Witness Statements in Court: A witness cannot read their statement while testifying.
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Hearsay Evidence: Hearsay evidence (information relayed from a third party) is inadmissible in court.
Polygraph Evidence
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Polygraph Inadmissibility: Polygraph results are not admissible as evidence in court.
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Polygraph Procedure: Polygraphs measure heart rate, respiration, blood pressure, and perspiration.
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Polygraph Voluntariness: Individuals taking a polygraph exam are not under arrest and can leave at any time.
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Polygraph Statements Admissibility: Statements made during a polygraph exam can, however, be admissible as evidence in court.
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Description
Covers marital privilege, eyewitness identification, lawful arrest duties, and the definition of a young person in legal contexts. It also addresses the Crown's burden of proof and general court procedures.
