Difference between crime control and due process models

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Reference no: EM134007980

Questions

1. Regarding searches and seizures, the Supreme Court has ruled that:

We have a right to privacy in circumstances where we have a reasonable expectation of others not having access to our information

We have a right to privacy only for our financial information

We have a right to privacy, but only within our homes and hotel rooms

We have a right to privacy in any circumstance we feel is out of bounds

2. The Supreme Court has interpreted the prohibition on cruel and unusual punishments to mean:

That capital punishment is barbaric

That mandatory life imprisonment for first degree murder is a suitable punishment

That capital punishment is justified for first degree murder

None of the above

3. The following is NOT a way that governments can abuse their crime deterring authority:

Convicting the innocent

Targeting unpopular individuals

Ensuring that suspects are presumed innocent

Applying vague and complex laws

4. The Charter does:

Not permit random spot checks of drivers

Permits random spot checks of drivers, along with full searches of vehicles at the full discretion of the police officer

Permits random spot checks of drivers, along with a demand for license, insurance, and ownership documents

Only allows police to stop drivers that are swerving back and forth on the road

5. Generally speaking, according to the Supreme Court's interpretation of the Charter, in order for the police to conduct a search, they:

Don't need any evidence whatsoever that a crime will be uncovered through a search

Have to be 100% certain that a crime will be uncovered through a search

Require a warrant from a judge

Both (b) and (c)

6. The difference between the crime control and due process models is that:

Crime control focuses on the rights of criminal suspects, whereas due process emphasizes the capture and conviction of criminals

Crime control focuses on the capture and conviction of criminals, whereas due process is oriented around the rights of criminal suspects

Adherence to the Crime control model has been more prevalent since the Charter came into effect, whereas due process tended to be emphasized prior to the Charter

Both (b) and (c)

7. With respect to the right of disclosure:

Both the prosecution and defense have to disclose their evidence to the other side

Only the prosecution is obligated to disclose their evidence to the defense

Only the defense is obligated to disclose their evidence to the prosecution

None of the above

8. The following is NOT something that the Supreme Court has defined as part of fundamental justice:

Right to silence

Right to full answer and defense

Mens rea

Right to plead the "fifth"

9. To deal with crime, governments possess:

A monopoly on the legitimate use of coercion

The power to levy fines

The ability to imprison individuals

All of the above

10. Habeus corpus means:

That anyone detained must be brought before a judge to have their case evaluated

That the police can detain people for long periods of time without bringing them before a judge

That a witness to a crime can be forced to testify in court

That anything a person says in court can be used against them in future legal proceedings

Reference no: EM134007980

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