Free LLM Master of Laws Criminal Law & Procedure Questions and Answers — Questions and Answers
Question 1: When an accused signs a commitment to appear, also known as:
- Recognizance
- Affidavit
- Peace bond (Correct answer)
- Surety
Correct answer: Peace bond
A recognizance is a formal promise or bond made to a court by which a person undertakes to observe some condition, such as to appear in court at a future date. While a peace bond is a specific type of recognizance to prevent future harm, the general term for an accused signing a commitment to appear in court is a recognizance. This legal document ensures the individual's presence for subsequent proceedings.
Question 2: There is a preliminary hearing to ascertain:
- If a person should be charged with a summary or indictable offence
- If there is enough evidence to put the accused person on trial (Correct answer)
- If there is enough evidence to put the accused person in prison
- If a person can be released pending trial
Correct answer: If there is enough evidence to put the accused person on trial
A preliminary hearing is a crucial pre-trial procedure designed to determine if there is sufficient evidence to proceed with a full trial. During this hearing, the prosecution presents its case to establish a *prima facie* case, meaning there is enough evidence to suggest that a crime was committed and that the accused likely committed it. This process screens out cases with insufficient evidence, protecting individuals from unwarranted trials.
Question 3: A bail application or hearing must typically be made accessible within:
- 72 hours of the arrest
- 7 days of the arrest
- 48 hours of the arrest
- 24 hours of the arrest (Correct answer)
Correct answer: 24 hours of the arrest
In many common law jurisdictions, including Canada, an arrested person has a fundamental right to a bail hearing (or judicial interim release hearing) within a specific and prompt timeframe. The Criminal Code of Canada generally mandates that an arrested individual be brought before a justice or judge for a bail hearing within 24 hours of arrest, or as soon as reasonably possible thereafter, to ensure timely judicial review of their detention.
Question 4: A person who is being detained must complete all but one of the following:
- Make a statement (Correct answer)
- Go with the police
- Give a name and address
- Have fingerprints and a photograph taken
Correct answer: Make a statement
When detained by police, individuals have certain obligations, such as providing their name and address and complying with lawful procedures like fingerprinting. However, a fundamental right is the right to remain silent. A detained person is not legally compelled to 'make a statement' to the police, and any statement made must be voluntary to be admissible in court.
Question 5: In Canada, less serious transgressions are recognized as:
- Indictable
- Misdemeanor
- Summary conviction (Correct answer)
- Felony
Correct answer: Summary conviction
In Canadian criminal law, less serious transgressions are categorized as summary conviction offenses. These typically carry lighter penalties, such as fines or shorter jail terms, and have a shorter limitation period for prosecution. In contrast, indictable offenses are more serious crimes, while 'misdemeanor' and 'felony' are terms used in other legal systems, such as the United States.
Question 6: Which of the ensuing assertions is accurate?
- In established fishing and farming communities, the fear that witchcraft can be used against you is frequently sufficient to keep people from deviating from the social standards.
- Unlike farmers who are permanently based in one place, pastoralists might frequently relocate to a different location to resolve a conflict with their neighbors.
- One strategy horticulturists frequently employ to address crime in their own neighborhood is to place the blame on members of other neighborhoods or even whole civilizations.
- All of the above are true (Correct answer)
Correct answer: All of the above are true
These statements reflect plausible anthropological observations about social control and conflict resolution in different community types. In established communities, social pressure and beliefs in supernatural sanctions can enforce norms. Nomadic pastoralists may relocate to resolve conflicts, while horticulturists might externalize blame onto outsiders to maintain internal cohesion. Therefore, all these assertions are considered true in the context of anthropological studies of crime and social order.
Free LLM Master of Laws Criminal Law & Procedure Questions and Answers
When an accused signs a commitment to appear, also known as: