Chapter Four ( Policing ) Flashcards

1
Q

What are the four levels of policing

A
  1. Federal
  2. Provincial
  3. Municipal
  4. First Nations police
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2
Q

What is an example of Federal police

A

RCMP

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3
Q

What is an example of Provincial police

A

OPP

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4
Q

What is an example of Municipal police

A

OPS

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5
Q

What is an example of First Nations police

A

tyendinaga mohawk police

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6
Q

What are the five functions or roles of the police

A
  1. crime prevention
  2. law enforcement
  3. order maintenance
  4. emergency response
  5. assistance to victims
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7
Q

What is the rate of police to civilians

A

2 officers to every 1000 Canadians

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8
Q

Does having more police on the streets reduce crime

A

no, since most crimes happen behind closed doors

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9
Q

Other than arrest, what are the two ways an accused can be compelled to appear in court

A
  1. appearance notice
  2. summons
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10
Q

What is an appearance notice

A

official notice requiring individuals to appear in court at a specific time and location to respond to their criminal charges, given before they’ve been charged

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11
Q

What is a summons

A

official notice requiring individuals to appear in court at a specific time and location to respond to criminal charges, given after they’ve been charged

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12
Q

What happens if the person does not appear in court

A

there is a warrant for their arrest, could be charged with failure to appear in court

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13
Q

where would one find our legal rights upon arrest

A

in the charter or rights and freedoms that was enacted in 1982, sections 7-14

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14
Q

what is required of you upon arrest

A

personal information (name, address, date of birth)

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15
Q

What is habeas corpus

A

right to see a judge in 24 hours once you are arrested. this is used by persons who feel they are being wrongfully detained

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16
Q

What is section 7

A

right to life, liberty, and security of the person
right to remain silent

17
Q

What is section 8

A

everyone has the right to be secure against unreasonable search and seizure

18
Q

what is section 9

A

everyone has the right to not be arbitrarily detained or imprisoned

19
Q

What is section 10

A
  1. informed of the reason of arrest
  2. right to an attorney
  3. to have the validity of the detention determined by habeas corpus
20
Q

What is section 11

A
  1. presumed innocent until proven guilty
  2. tried within a reasonable time
  3. right to be informed of the specific offence
21
Q

what is police discretion

A

when an officer uses their own judgement in the moment

22
Q

what are examples of this

A

Many

23
Q

what factors influence their use of discretion

A
  • criminal record
  • race
  • demeanour
  • more lenient with youth
  • seriousness of the offence
24
Q

what are the concerns with police discretion

A

incorrect advocacy of the law
discrimination

25
Q

why is discretion important

A
  • allows for flexibility
    -allows for quick decisions
26
Q

can an officer look through someones garbage

A

yes, once the garbage has been thrown out, it is considered abandoned property

27
Q

can an officer search a persons car during a routine stop

A

they can look at what is visible, but no they cannot search your trunk or anything without a warrant or your consent

28
Q

does an officer need a warrant to enter your home

A

most people will let you in, they can enter without a warrant if they have probable cause, or child endangerment

29
Q

if the police have a warrant for your phone, do you need to give them your passwords

A

no, but they will have their own ways of getting into it

30
Q

who is the first responder to a mental health crisis

A

police

31
Q

should they be the first responders

A

they are becoming the street corner psychiatrist, so no

32
Q

what are the 5 ways a person with a mental illness comes to the attention of the police

A
  1. a stranger reports it to the police
  2. concerned person who knows the other (family, friends)
  3. police will come across the individual
  4. the individual themselves calls the police
  5. professional is by law required to call the police
33
Q

can someone who is eperiencing mental health issues be involuntarily brought to the hospital by the police

A

no unless section 17 of the mental health act when an officer must have reasonable grounds to believe that the person is threatening others, harming themselves, showing a lack of compeence to care for themselves

34
Q
A