FCS360 midterm 1
What is a vaild arrest?
An arrest made with reasonable and probably grounds. Justifiable from objective POV
R. v. Stinchcombe
Crown must disclose all relevant information to defence. If any revelant info is not disclosed (lost or not submitted), it is the Crown's fault.
R. v. Pascal
Disclosure: criminal records and outstanding charges must be disclosed
R. v. Lifchus
Trier of fact must be sure that accused is guilty (beyond reasonable doubt)
What evidence can/ cannot be admitted into court?
Evidence must be relevant, material, not barred by rules of admissibility, and not subject to discretionary exclusion. Relevant evidence may not be submitted if it has moral prejudice, time prejudice, or logical prejudice.
Palmer v. the Queen
Fresh evidence: evidence shouldn't be admitted if it could've been admitted at trial but wasn't. If fresh evidence was at trial, trial could've had a different result
R. v. Mohan
Threshold admissibility criteria for experts: logically relevant, necessity in aiding trier of fact, absence of exclusionary rule, qualified expert and reliable science (novel science only)
White Burgess
Defines qualified expert as impartial, independent and unbiased. Bias assessed at threshole admissibility stage
R. v. Abbey
Logical relevance: makes existence/non-existence of fact in issue more/less likely than it would be without evidence
R. v. Sekhon
Judge must continuously assess and enforce scope of expert (ongoing)
Daubert v. Merrell Dow Pharmaceuticals
Reliable evidence from novel science: testable and tested, peer reviewed and publsihed, known potential error rates and existing standards, accepted in science community
R. v. France
Expert witness: did not uphold duty to court, was a biased expert. Believed child died b/c of France but not based on science
R. v. Caslake
warrentless searches are prima facie unreasonable. Law must authorize search except when searching before arrest and belongings seized upon arrest
R. v. Prosa
Lost blood sample that defence wanted to test for drug. Crown must disclose so burden on them (even though CFS lost it)
R. v. Nastis
Disclosure of Draft reports made by experts: Crown mjust diclose all reports (draft and final b/c may include different things). Defence has no such obligation
Boucher v. the Queen
Crown cannot win or lose a case, they only represent public interest. All they want is justice.
R. v. Murray
Defence lawyer witheld incriminating evidence from court b/c thought it was part of confidentiality but they cannot conceal, alter, or destroy inciminating evidence or hinder an investigation
R. v. Lyttle
Counsel cannot put assertations to witness they know to be false
R. v. Awer
Judge must scrutenize expert evidence same amount no matter who submitted the expert evidence (crown or defence)
R. v. Donison
expert evidence on cartridge linking was admissible but found meaningless by judge b/c it did not follow PCAST rules (no error rates, no standards, no proficiency testing, not validated). Not valid evidence
R. v. Creary
Evidence about cartridge linking was admissible and had weight b/c with presented evidence (not PCAST), judge concluded that is was reliable eivdence. Proficiency testing, validated, presented error rates.
R. v. Hadi
Evidence on cartridge linking was relied upon and met PCASt qualifications. PCAST was not submitted evidence but was relied upon to determine reliability of evidence.
R. v. Parent
First time DNA was used in court. Used to exclude someone as suspect
R. v. McNally
DNA implicated an accused and admissibility was challenged
R. v. Terceria
Defence argued DNA was novel science but at the time, novel science did not have any additional scrutiny
R. v. SAB
DNA warrants do not violate section 8 of charter (reasonable grounds is good enough for a DNA warrant).
R. v. Rodgers
No charter rights violated when collecting DNA from convicted offenders
R. v. Stillman
Discarded DNA can be collected with no warrant (violation of charter rights when suspect is in police custody but no violation in any other case).
R. v. Dean
using software like STRmix to analyze comples DNA samples is admissible even when expert doesn't know the code. expert must still be proficient and unbiased.
People v. Jennings
First time fingerprint ID was used in court
Brandon Mayfield
False ID from fingerprint. Spanish train bombing. Contextual bias
R. v. Beare, R. v. Higgins
collecting fingerprints of unconvicted suspects is constitutional
R. v. Bornyk
Judge did independent research about fingerprints (not presented to expert in court). New trial and conviction. Fingerprint on doll
R. v. Lepage
Drawing an inference of possession based on fingerprints is dependent of circumsatnces (prints of LSD bag)
R. v. Mars
Accussed's fingerprints on evidence cannot be assumed as highly culpatory evidence (pizza box).
Todd Willingham
False conviction caused by fire expert's testimony (based on myths) and jailhouse informant. Sentenced to death and excecuted. Later found that jailhouse informant lied and science found that arson should never have been concluded.
R. v. Yebes
False conviction b/c of fire expert evidence (accelerant used b/c first started in 3 different places) and pathology evidence (boys died before fire started). Boys known to play with fire. Set standard: an unreasonable verdict is one that no properly instructed jury could have rendered.
Romeo Phillion
Second hand evidence (hearsay) is inadmissible when its purpose os to establish the truth. Phillion wanted to submit polygraph evidence of him telling story but did not go to witness stand during trial. Wrongful conviction but released. black sheep argument by defence
R. v. Lavallee
Battered woman syndrome. expert evidence can be based on both admissible and inadmissible/hearsay evidence
James Driskell and Perry Harder
Wrongful conviction: based on 2 unsavory witnesses (that were paid to testify) and hair analysis. Hair analyst determined hair in Driskell's truck was Harder's but 13 years later was determined to belong to 3 different people, not one being Harder. Lesage: hair microscopy shouldn't be used for individualization
Leighton Hay
Wrongful conviction: measured diameters of hair from Hay and from grabge hair and was totally different therefore not his hair. Hair analysis is good for exclusionary purposes but not indizidualization. Picky dreads, haircut to change appearance, hair in toilet and garbage.
Louise Reynolds
Daughter died by Dog attack. Charles Smith expert saying 80 stab wounds and excluded dog bites even though not an expert in that. Tunnel vision w/ police
R. v. Unger
Wrongful conviction based on hair analysis and Mr. big confession. 3 bitemarks on deceased excluded Unger but not as strong as other evidence
R. v. Streiling
Mr. Big confession saying he murdered stepson making most of the Crown's case. Defence: Noah came from dad's house w/ bites. excluded everyone but stepmom. Crown had weak case and bitemark was pretty strong so Streiling was acquited
| Cuestionario |
|---|
| Biology - Staying Alive |
| Bio 142 exam 2 part 1/5 - cop |
| chemistry |
| Africanna Studies: Post 25th Dynasty |
| marketing chapter 1-7midterm |
| silk road and trade expansion |
| social ch.02 |
| cancer prostateHBP et cancer de la prostate |
| GRE Words |
| dérivées des fonctions élémentaires |
| règles de dérivation |
| les ajectifs (2) |
| m&m h1 |
| World englishes |
| Marchant de Venise Act 5 |
| macbeth |
| Marchant de Venise Act 4 |
| Marchant de Venise Act 3 |
| Marchant de Venise Act 2 |
| History of museums midtermMidterm |
| Marchant de venise Act 1 |
| Spanish Unidad 2 |
| oog |
| Svenska säkerhetslägetQuiz |
| Byggnadsmaterial_1 |
| basmatte |
| Demokrati/Diktatur |
| Spanish Unidad 1 |
| OrtopedoOrtos - rak + paideia - barn = konsten att göra raka barn |
| Ion formules |
| UNIT 6: Migration |
| Homework |
| Traditions and customs vocab spaish |
| spanish bullfighting vocab |
| fysik |
| UNIT 5: Health |
| german 7 |
| Chem: Chapter 4 |
| Locations words |
| quiz 10 |
| Africanna Studies: 25th Dynasty II |
| BIO |
| Biology 111 Lecture 10 |
| anthropology |
| Pale- pallor |
| Les différences sociales ou « inégalités sociales » en matière de pratique d’APS |
| Les déterminants sociaux de la santé |
| Greek Mathematics |
| théorie socioculturelle |
| rapport au corp 6exam 1 |
| PE- Psychological and social principles(paper 2)-Coach and performer-(3.1.1) |
| Digestive System |
| Nutrition |
| UNIT 4: Democratization, Human Rights and Development |
| chap 29 |
| Bio 142 exam 2 part 2/5 |
| trad chap 10 |
| trad Chap 9Le corp humain |
| Journalism vocab (TV and press)Journalism vocab |
| History of pressHistory of press |
| did the 1920's roar for women in canada |
| UNIT 3: The Agencies of Development |
| airportttt |
| UNIT2 |
| Bio 142 exam 2 part 1/5 |
| Transport Across Cell Membranes(BIOLOGY) (Chapter 4) |
| UNIT 1: Globalisation adn dvelopment |
| criminal justice 1defintion of the criminal justice system, what it includes, the purpose. defining home office , ministry of justice , police and policing , institutional racism, the prosecution service, the court sys... |
| christmas carol |
| disney9 |
| computer architecture |
| computer architecturecomputer science |
| lerato |
| latin ord |
| Transport across cell membranes (BIOLOGY)(Chapter 4) |
| Geneeskunde 1.1.2 stof week 5b deel 1Farmacologie/histologie |
| Revision for B4 Test - Biology - Harry Barnwell |
| Revision for B4 Test - BiologyRevision for B4 Test |
| IslamStarting easy with just question about islam, things you should be aware of as a muslim. |
| Geneeskunde 1.1.2 stof week 5aBeeldvormende technieken |
| Finansiell analys - |
| ProgExam1 |
| DidactiqueQuizz |
| Periodismoperiodismo |
| Oficios y profesionesespanol |
| Madhyama Pratham Instruments Theory |
| Econ Chapter 4 - Elascitity |
| testPrograming |
| Grundämnen kemi 1 |
| FSS - Midterm FlashcardsAll my flashcards for the midterm. |
| PE- Applied Anatomy and Physiology(paper1)- Lever systems-(1.1.4) |
| spanish body parts |
| OPTA 215 ( hearing Loss) |
| PE - Applied Anatomy and Physiology(paper 1)-Types of Contraction-(1.1.2)stretch shortening cycle and types of contractions. - how they effect performance in sport or physical activity. |
| PE - Applied Anatomy and physiology(paper 1)-muscular skeletal-(1.1.1)Muscular skeletal system |
| Droit constitutionnel : 19 septembre 2023 Théorie de l’Etat ; Constitution (l |
| latin ch1 |
| Proteomik |
| UK2 |
| Affinité electronique et electronegativité |
| PA28 POH |
| Geneeskunde 1.1.2 stof week 7Fysiologie |
| CLINICAL PSYCHOLOGY AO1 |
| Kemi |
| konstruktion |
| Scienceidk |
| science |
| Franska |
| chapter 1-6 1480 |
| Energie d'ionisation |
| french test |
| Unit 8: Key terms |
| Proprietés periodiques |
| japanese |
| math |
| La mole |
| all parts of the female pelvis |
| menstrual cycle and hormones |
| OPTA 222 (Spina Bifida) |
| Module 46 |
| amniotic fluid characteristics and functions |
| OPTA 222 (Spasticity) |
| Plancental Functions |
| Spanska v.42 |
| revolutionrevolution fr |
| Module 45 |
| science biologycell biology
organisation
infection and response
bioenergetics
homeostasis and responses
inheritance, variation and evolution
ecology |
| winnipeg general strike |
| influenza epidemic |
| prohibition |
| Lourdes Taukeinone |
| MILITARY HISTORY OF AFRICA QUIZ. |
| Exam 2 |
| Christianity key words and meanings |
| Module 44 |
| stoppkörning torsdag frågor |
| stoppkörning torsdag |
| Module 3 |
| hemkunskap |
| engelska prov |
| Module 2 |
| Physics P2a revision |
| Module 1 |
| spaans |
| APCO 1P01 Midterm Cue Cards |
| geneeskunde 1.1.2 stof hoorcollegecollege |
| Materia |
| Los indocumentados - problemas (1.3) |
| Riptide |
| unit 1 glosor |
| HRM exam prep |
| SpanskaSpanska |
| kemi oxidationstal |
| kemi |
| Labour studies test one |
| studiesnooo |
| indigenousindigenous studies |
| Africanna Studies: Akan States , Forest Empires & Civilization |
| Africanna Studies : Yoruba , Oyo , & Dahomey Empires |
| Africanna Studies: 25th Dynasty I |
| the 1920's didn't always roar |
| SOCI 2P00 Midterm |
| minor-majorbleghh |
| vocabrhehehu |
| Africanna Studies: Middle Kingdom |
| Africanna Studies: New Kingdom |
| les ajectifs |
| Skills Labs - Hands and Feet |
| Finansiell analys - copy. |
| Africanna Studies: Old KingdomExplore the 36th Century B.C Chiefdom of Ta Seti , the 32nd Emergence of Egyptian Civilization and Kemet Civilization and their dissolution |
| history 1920's economically roaring? |
| Skills Labs 28/09/2023 |
| Tyska v.41 |
| physics 25/09/2023 |
| Frans ww - etre - F-NaRe YoU gOnNa FiNiScH tHaT cRrRrRoIsAnT? |
| American sign language module 2 |
| Frans ww - avoir - F-NUN, DEUX, TROIS, QUATRE, CINQ, SIX, SEPT, DIX, NEUF, HUIT |
| FilmMedia |
| stoppkörning onsdag2 |
| stoppkörning onsdag |
| carbohydratescarbohydrates |
| history canadian lifestyle 1920's |
| spa |
| Sentence patterns |
| ak h4.1 tot 4.3 |
| español - prov - resturangspanska prov |
| Hoofd hals; osteologie |
| the human brain |
| Hoofdstuk 9 Stoornissen |
| Pre Q Physics |
| AS level Psychology |
| Kemitekniska processer |
| Biologi |
| periodic table, plate tectonic body system ,ecosystemrevision |
| OB |
| Cybersecurity Attack Types |
| CISSP 8 Domains |
| Tagalog |
| Anthropology quiz |
| L'empire de rome |
| 1003 MT |
| Matt GunningHistory Midterm |
| ItalianoVocabulario |
| science revision - copy |
| poetry structural devices |
| poetry rhyme and rhythm |
| science |
| Bantu Expansionism HistoryThe Intracontinental migration of the Bantu interstices forged a critical juncture in African History . |
| Psycology Midterm #2 |
| English midterm |
| JAPONAIS |
| Spanish year 10 |
| Metabollic Test Part 1 |
| hoofd hals; nomenclatuur |
| chemistry |
| stoppkörning tisdag |
| Gestalt |
| Finansiell analys |
| español |
| hc6 |
| Ekonomiska system |
| Ekonomiska system |
| araling panlipunan |
| Maths |
| revision GCSEMaths revision for GCSE |
| H6 Sensation and perception |
| Suprise |
| African Mythology & FolkloresAfrican Griots have relayed enchanting narratives that are replete with moral edification, African histories , and life riddles. Anansi serves as a pretext of most Folklores. |
| African American : Colonial Slavery III |
| hsk2 |
| cultures of different countries |
| Vocabulary Mastery IOrthographic and Lexical enhancement |
| Ancient African Civilization Terms |
| G1 demerit points |
| Africanna Studies: Spiritualism & ReligionExplore the African Religion and Spirituality of the past and presence . |
| G1 |
| poetry figurative devices |
| poetry types |
| mod2 week 1 |
| Electrical Sensors |
| Science test prep |
| mod 2 week 1 |
| Polyatomic Ions Chemistry 112 |
| ES LAB TEST 1 |
| english test 5 |
| business - HR manager |
| Intro to Canadian Justice Midterm |
| hkk ekonomi |
| Music Theory |
| werkwoorden |
| engels mission 15 |
| Bio review |
| MIDTERM PRACTICE |
| lesson 3 |
| Principles of Flight |
| Biology Unit 2: Genetics |
| Frans woordenlijst F-Noui oui bagguetetet |
| 204 (Cognitive Assessment) |
| engels mission 14 |
| 204 (Executive Dysfunction) |
| HIS 007 |
| oregel bundna verb |
| platser och vägbeskrivning |
| stoppkörning måndag |
| hsk1adsa |
| The Skeleton (General) & Bones |
| English Flashcards 1st 9 Weeks |
| Psychology: Reseach Methods |
| I Daniel Blake |
| Assassin’s Creed |
| allemand |
| ITO - Gamla tentor Mål 1 Sant/Falskt |
| 1480 networkingchapter 1 ~ 6 |
| Antoineanions |
| Intro to Law CHAPTER 1 |
| Mang. & Org. 8-11Mangement and organization test |
| medical terminology Chapter 4 |
| Greek Alphabet |
| Environmental studies flashcards |
| history foreign affairs that shaped canadas identity |
| MecaphyApplications de la lumière |
| Physics Mouvement circulaire, Équations et Exemples |
| Environmental Science - Water treatment |
| Biochemistry |
| geschiedenis h1 |
| Physics Projectile, Plan Cartésienne et Exemples |
| water aid |
| Physics Mouvement, Équations et Examples cinématiques |
| medisch |
| Engelska glosor "rock what you got" |
| Purchasing |
| aadrijkskunde soak |
| What person am I? 👍 |
| unit1 section1 atomic structur chem |
| A Level Biology - Unit 1 |
