Module 2 Flashcards
Three levels of policing:
Federal, Provincial, Municipal
Police discretion
The freedom that a police officer often
has for deciding what should be done in any given
situation
Justifications for the use of discretion
- 1) Subjective: “must have been exercised honestly and
transparently, and on the basis of valid and reasonable
grounds” - 2) Objective: ”justification offered must be proportionate to
the seriousness of the conduct and it must be clear that
the discretion was exercised in the public interest”
Problems with discretion
Racism and Use of force
Carding
Police collect and document information in non-criminal
encounters with the public (mostly banned)
Street checks (not technically carding)
a voluntary interaction
with the public, initiated by the police officer, where the
police officer makes a request for personal identifying
information for a law enforcement purpose. (banned in Nova Scotia)
Use-of-force
anything more serious than soft-handed
physical control techniques
Excited Delirium
Syndrome (ExDS)
Symptoms:
* Fatal condition
* Extreme agitation/ delirium
* Aggression
* Increased pain tolerance
* Extreme physical strength and endurance
* Hyperthermia
NOT A RECOGNIZED CONDITION
Body Worn Cameras
- Officers MUST turn on their BWCs BEFORE they arrive at a
call - Before they interact with individuals for police purpose
- They decide when to turn the camera off (must be
documented)
Body-worn cameras are not intended to be used for the purpose
of: - 24-hour recording
- surveillance
- when intimate searches are conducted
Perceived benefits of BWC
- Increased transparency and citizen views of police
legitimacy (??) - Civilizing effect on police officers ( yes)
- Expedites resolution of police/citizen encounters ( yes)
- Helps in police trainings (??)
Perceived problems of BWC
- Citizen privacy concerns (??) – issues of confidentiality;
intermittent vs. continuous recordings - Where to position the camera ( yes)
- Investment in terms of training and policy development
(yes ) – how to use properly? Downloading and storing
footage? - Increased commitment of finances, resources, and
logistics (yes ) – how should it be used in court?
Police can stop you under the following
circumstances:
- 1) If they suspect you have committed a crime
- 2) If they see you commit a crime
- 3) If you’re driving
What are your rights upon arrest? Police caution in Canada:
- Provide the reason for your arrest
- Right to silence (not legally required in Canada)
- Right to counsel
Canadian Charter Rights
DO NOT have the right to
counsel present during
interrogation
Police ARE ALLOWED to
continue questions
Limited to a single
conversation with counsel
(even a brief phone call)
Request for more counsel is
not protected
US Miranda Rights
Legal representation
DURING questioning
Police NOT ALLOWED to
continue questions once
right is asserted
In person consult with lawyer
immediately
Has the right to counsel of
their choosing