Quiz Part 5 Flashcards
Substantive vs Procedural Law
Substantive law outlines your societal rights and responsibilities, showing you what you can and can’t do (e.g. murder is illegal, a substantive law)
Procedural law outlines the steps involved in protecting our rights, outlining a procedure to be followed when a substantive law is broken (e.g. the process of applying for bail)
3 Levels of Policing in Canada:
a) Federal
eg. RCMP or CSIS
b) Provincial
eg. OPP or QPP
(we don’t have a BC provincial police force)
c) Municipal
eg. VPD, W.Van, Surrey
- municipal taxpayers often support the RCMP branches in their district
- these municipal RCMP officers are ‘on loan’ - they are still federal employees
Why has the profession of being a police officer become more difficult in the past decade?
- when newer police officers make mistakes, the establishment of procedural laws mean that whole cases could be thrown out
- there are grey areas when it comes to police disputes
- charter of rights and freedoms: accused people have a lot more rights now (this affects authority figures in the community)
People are less afraid of authority, they know their rights and police are now constantly under surveillance - new media including lots of recording
How do the police use their physical presence in our community in positive ways?
- oftentimes police presence is used as a deterrence from crime (eg. at crowded events)
- officers sometimes teach, volunteer, or coach to build good relationships with the community
Different levels of interaction that can lead up to Deadly Force - Levels of Force
Presence and Communication:
- to be used along with all levels of force
Lowest (physical or other type of force):
- Aerosol Spray (oc/pepper spray)
- Impact Weapon (expandable baton)
- Police Animal (dog, horse)
- Empty Hand Techniques (strike)
Intermediate (less than lethal force):
Conducted Energy Weapon (“Taser”)
Less Lethal Shotgun (bean bag round)
(leading up to lethal force):
Handgun Drawn
Highest (lethal force):
Firearm Pointed
Firearm Discharged
Police officers must justify their use of force (including paperwork to be done when the highest levels of force are used). Their level of force could be classified as reasonable or excessive force depending on the severity of the crime.
Mental health issues can sometimes make citizens resort to police-aided suicide attempts (the person wants the officer to use deadly force, acting deliberately like a threat).
If the police have reasonable and probable grounds to suspect someone of committing a crime, they may arrest that person. List and explain three ways or options on how the police can arrest you or :( types of Arrest )::
1 - Issue an appearance notice:
- issued if the accused is not believed to be a threat to others
- given when the officer knows the suspects identity and believes that they will show up to court
- officer swears a complaint under oath that a crime has been committed (also known as an information) before a judge
2 - Arrest the suspect at the scene:
- for more serious indictable offences, the suspect is taken into custody after the crime
- they are arrested to lay charges, preserve evidence, and prevent the accused from fleeing or committing further offences
- an arrest can occur when an officer has reasonable grounds to believe the suspect has committed or is about to commit an offence
- the officer can also search the suspect at the scene
3 - Obtain a warrant for arrest:
- obtained when the suspect’s identity is known, but they have escaped arrest
- can also be issued when a suspect fails to obey an appearance notice
- the warrant has a description of the suspect
- warrants can span provinces, countries, or even internationally (https://en.wikipedia.org/wiki/Murder_of_Jun_Lin)
Why is a Citizen’s Arrest problematic?
There are several potential consequences for making a citizen’s arrest:
- you could arrest the wrong person
- you could be sued for false arrest
- you could be charged with assault for using excessive force
- your own personal life could be in danger
Charter Rights section 8 - 14 your legal rights #8
Section 8: Search and Seizure
- reasonable grounds to search
- warrant etc.
Search to incident: officers are able to search suspects if they have a valid reason
- must explain why
Charter Rights section 8 - 14 your legal rights #9
Section 9: Detention or Imprisonment
- reasonable imprisonment
- The individual must have been lawfully convicted of a crime, or there must be reasonable and probable grounds for their detention
Charter Rights section 8 - 14 your legal rights #10
Section 10: Arrest or Detention
- legal rights after an arrest
- right to a lawyer
Charter Rights section 8 - 14 your legal rights #11
Section 11: Criminal Proceedings
- what happens during a trial (procedural law)
- eg. full disclosure
- eg. The Interrogation Room police misconduct falls under Section 11
Charter Rights section 8 - 14 your legal rights #12
Section 12: Treatment or Punishment
- restricts cruel and unusual punishment
- eg. some argue that ‘dangerous offender status’ is under this cruel punishment, given to criminals like Paul Bernardo
Charter Rights section 8 - 14 your legal rights #13
Section 13: Self-Crimination
- a witness isn’t required to incriminate themselves during a trial
- doesn’t include perjury
- this includes the accused: a suspect doesn’t have to testify against themselves **
** reminder that criminals are stupid occasionally and do this anyway for fun
Charter Rights section 8 - 14 your legal rights #14
Section 14: Right to an Interpreter
- right to understand what is going on
- providing an interpreter in your language of choice
- this right is enforced when you are questioned by the police and at trial
Explain the process the police must go through to obtain a search warrant or an arrest warrant. What parties are involved ? Justice of the Peace or a Judge Define “information”
Who are the parties involved?
Police must visit a Justice of the Peace or Provincial Court Judge in order to obtain a search warrant, giving their testimony as to why the warrant should be issued.
What procedure must be followed?
- they must have reasonable grounds to believe evidence of the crime is on the property
- if information was recieved from an informant, they must justify the informant’s reliability
Affidavit
- they may be asked for an affidavit, a written/signed statement that they are telling the truth to the best of their knowledge
Define “information”
To obtain a search warrant, police must swear an information (a police document containing the evidence of a crime) which must include…
- the premises to be searched
- the criminal offense committed
- the goods they are looking for
- a signature from a judge or justice of the peace
List two instances when the police don’t need a search warrant to search a suspect. Especially with dealing with minors
- underage illegal activity: police can search for alcohol, drugs, or a weapon if they have found one of these things on your person. they don’t need a warrant to perform this search because of your status as a minor.
- police may also search any premises other than a private residence for drugs or alcohol if they can prove reasonable/probable grounds
Explain the difference between being detained and being arrested by the police
When being arrested, you have more legal rights than if you are detained, because the Charter of Rights and Freedoms allots specific rights to people in police custody.
Detainment
- Police must justify detainment under Section 9 of the Charter; they cannot stop you for questioning without giving a reason.
If you are being questioned, you have been detained.
- Before being arrested, you don’t have to answer any police questions (unless in specific situations like licence and registration when you’ve been pulled over.)
- Detentions should end quickly - you should be arrested or free to go within minutes.
- Being detained against your will is illegal, and you could contact a lawyer to challenge the validity of any evidence collected during the illegal detainment.
- Police can search you or your vehicle for any evidence relating to the offence.
You are free from unreasonable searches.
Arrest
- Police must also give you their reason for arresting you under Section 9.
- Arrest occurs after detainment and includes transportation to another location.
- You are given the right to a lawyer immediately after arrest,
- You can refuse to answer any questions other than those required to complete the arrest (name and address.)
- You can be held for 24 hours before you are required a bail hearing.
- The police are permitted to use as much force as necessary to arrest you.
- Police can search you or your vehicle for any evidence relating to the offence.
You are free from unreasonable searches.
Explain the significance of the Feeney Warrant. (pg. 171)
Protect the rights of the homeowner from illegal Search warrants or the fact the police must get a warrant to enter your property .Protect your section 8 Rights
The Supreme Court set a precedent that evidence discovered without a warrant would be ruled admissible in a court of law, meaning that police are forced to obtain a “Feeney Warrant” before searching your home under Section 8 (reasonable search and seizure) of the Charter. This is one of the reasons that police can issue ‘telewarrants’ through various methods of telecommunication, in order to get to the scene of the investigation faster.
However you can invite the police in and if they see something in Plain View that could be catalogued as evidence
List three examples of evidence that could be found at a crime scene that we viewed on the 16 X 9 program: Behind The Yellow Line
- DNA evidence from the scene (fingerprints, hair, etc.)
- bullets/ballistics, weapons, restraints, and evidence of their use (bullet holes)
- blood splatters at different angles describe things about how the crime was committed
- shoe prints revealed by chemicals
What is the role of a Crime scene Investigator with helping the Crown develop their case ?
A crime scene investigator is tasked with collecting and documenting any items and information collected during an investigation, known as evidence.
These clues (weapons, clothing, bodily fluids or other forensic evidence) can be used to help determine the guilt or innocence of the accused.
Karla Homolka Video; review the events and evidence that led to the Plea Bargain between the Crown and Karla’s lawyer
Karla Homolka and Paul Bernardo committed multiple murders, including Homolka’s sister, Tammy.
Homolka claimed she was abused by Bernardo and agreed to testify against him for a 12-year sentence.
The Crown accepted the deal, thinking her testimony was essential to convict Bernardo.
After the deal, videos showed Homolka willingly participating in the crimes.
Paul Bernardo got life in prison; Homolka served 12 years and was released in 2005.
The plea deal caused outrage due to its perceived leniency.
a) Full Disclosure :
The Crown must disclose any and all evidence against the accused that is relevant to their case. This ensures a fair trial.
A preliminary hearing is held after all evidence has been disclosed to decide if the trial should continue.
b) Recognizance with or without a Surety: Bail;
- bail is money or property guaranteed to the court to ensure that the defendant will return to court for their trial
- if bail isn’t provided, the suspect remains in custody until their trial
- after the suspect shows up, their bail money is returned
- the amount of bail is determined at a bail hearing, which must take place within 24 hours of the accusation
There are two types of bail:
recognizance with or without a surety
a surety is someone who takes responsibility for a suspect while they are out on bail
c) Bail conditions
- bail might include more than just money, but conditions such as curfews and restrictions on substances like alcohol, as well as restrictions on where the suspect can go and who they can see (likely not any witnesses, victims, or potential accomplices to prevent conspiracy or witness intimidation)
