Chapter Four ( Policing ) Flashcards
What are the four levels of policing
- Federal
- Provincial
- Municipal
- First Nations police
What is an example of Federal police
RCMP
What is an example of Provincial police
OPP
What is an example of Municipal police
OPS
What is an example of First Nations police
tyendinaga mohawk police
What are the five functions or roles of the police
- crime prevention
- law enforcement
- order maintenance
- emergency response
- assistance to victims
What is the rate of police to civilians
2 officers to every 1000 Canadians
Does having more police on the streets reduce crime
no, since most crimes happen behind closed doors
Other than arrest, what are the two ways an accused can be compelled to appear in court
- appearance notice
- summons
What is an appearance notice
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
What is a summons
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
What happens if the person does not appear in court
there is a warrant for their arrest, could be charged with failure to appear in court
where would one find our legal rights upon arrest
in the charter or rights and freedoms that was enacted in 1982, sections 7-14
what is required of you upon arrest
personal information (name, address, date of birth)
What is habeas corpus
right to see a judge in 24 hours once you are arrested. this is used by persons who feel they are being wrongfully detained
What is section 7
right to life, liberty, and security of the person
right to remain silent
What is section 8
everyone has the right to be secure against unreasonable search and seizure
what is section 9
everyone has the right to not be arbitrarily detained or imprisoned
What is section 10
- informed of the reason of arrest
- right to an attorney
- to have the validity of the detention determined by habeas corpus
What is section 11
- presumed innocent until proven guilty
- tried within a reasonable time
- right to be informed of the specific offence
what is police discretion
when an officer uses their own judgement in the moment
what are examples of this
Many
what factors influence their use of discretion
- criminal record
- race
- demeanour
- more lenient with youth
- seriousness of the offence
what are the concerns with police discretion
incorrect advocacy of the law
discrimination
why is discretion important
- allows for flexibility
-allows for quick decisions
can an officer look through someones garbage
yes, once the garbage has been thrown out, it is considered abandoned property
can an officer search a persons car during a routine stop
they can look at what is visible, but no they cannot search your trunk or anything without a warrant or your consent
does an officer need a warrant to enter your home
most people will let you in, they can enter without a warrant if they have probable cause, or child endangerment
if the police have a warrant for your phone, do you need to give them your passwords
no, but they will have their own ways of getting into it
who is the first responder to a mental health crisis
police
should they be the first responders
they are becoming the street corner psychiatrist, so no
what are the 5 ways a person with a mental illness comes to the attention of the police
- a stranger reports it to the police
- concerned person who knows the other (family, friends)
- police will come across the individual
- the individual themselves calls the police
- professional is by law required to call the police
can someone who is eperiencing mental health issues be involuntarily brought to the hospital by the police
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
