Chapter 7 Flashcards
How does section 15 of the Charter of Rights and Freedoms apply to Police discretion?
Extralegal factors should never be considered within the law or its application, therefore in order for an appeal based on section 15, one needs clear evidence of discrimination
What factors affect police officers decisions to arrest?
- Legal: Seriousness of the crime, strength of evidence
- Situational: Preference of the victim
- Extralegal: Relationship between the victim and the suspect
- Community: The racial and social class composition of a neighbourhood (crime rate in a community)
What is investigative detention?
It is when a person is held for questioning without grounds for arrest (Reasonable belief that person involved in criminal act)
How does section 9 apply to investigative detention?
“everyone has the right not to be arbitrarily detained or imprisoned” must be out of safety concerns or probably cause
What are major differences between arrest without a warrant and an arrest with a warrant?
Arrest with a warrant: must suspect on the basis of reasonable grounds, then must bring information on suspect for a justice of the peace who then issues a warrant.
Without a warrant: A person may be arrested in this way when they are found committing and offence, they are about to commit an indictable offence, the police officer has reasonable grounds, and the police officer knows the individual has committed an indictable offence
Which charter section governs search and seizure of an individual?
Section 8: Everyone has the right to be secure against unreasonable search and seizure
What does section 487 of the Criminal Code state in reference to search and seizure?
Police may seize evidence not noted in warrant if reasonable belief that used in or obtained through offence
What charter section governs the right to Legal counsel?
Section 10 outlines that Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right
Why is the right to counsel fundamental in the criminal justice system?
It is fundamental to ensure fairness in the CJS
What does it mean to say that the right to a lawyer is not a continuing right?
The right to legal counsel is simply that. Once one has been detained then they can consult a lawyer for the first interrogation, after the consultation their right to have counsel issued up
Can one waive the right to have legal counsel?
Yes but it comes with its own consequences that one must be ready to accept
What is a custodial interrogation?
When the police have a suspect in custody and aim to solicit a confession from the suspect
What are the three main strategies of Custodial interrogation?
- Conditioning Strategy: Build trust and cooperation with investigators
- De-emphasizing strategy: suspect rights are not important and encourage empathy with victims
- Persuasion Strategy: Suspect’s opportunity to tell their version of events
What are the three types of false confessions?
- Voluntary false confessions: protect another person, fear of actual offender
- Coerced-complaint false confessions: Confess to end the intense interrogation
- Coerced-internalized false confessions: False ‘memory’ of involvement in crime due to lengthy interrogation
What is a Jailhouse interrogation?
Conducted by informants with information given to the police - an Inmate could receive a pardon for providing correct information about commission of another serious crime
