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POLICE PROCEDURES

POLICE PROCEDURES. Adversarial System. Generates competition between Crown and defence Aim of both is to seek justice Crown- Burden of proof is on the Crown to “prove case beyond a reasonable doubt” Defense- is charged with the legal responsibility of providing a proper legal defense

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POLICE PROCEDURES

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  1. POLICE PROCEDURES

  2. Adversarial System • Generates competition between Crown and defence • Aim of both is to seek justice • Crown- Burden of proof is on the Crown to “prove case beyond a reasonable doubt” • Defense- is charged with the legal responsibility of providing a proper legal defense • Judge and/or Jury weigh facts and determine guilt or innocence

  3. Rights On Being Charged • Charter of Rights and Freedoms • Guarantees certain rights to the accused • E.g. Right to not be compelled as a witness • E.g Opportunity to see a lawyer • E.g Opportunity to be tried within a reasonable time • Stay of proceedings • Decision made by the court to stop proceedings against an accused if continuing the action would be seen as prejudicial to the accused • Motions for adjournment • Request for trial to be put off until another time

  4. Miranda • Miranda Warning: (Informal  term in Canada) Based on the US landmark case, Miranda v. Arizona, 1966. In this case the suspect, Ernesto Miranda, was not informed of his constitutional right to remain silent before he confessed to rape. The charge was dropped by the US Supreme Court. Following the Miranda decision, American police were required to inform arrested persons of their rights under the ruling, termed a “Miranda warning.”

  5. When a suspect is arrested, the following will take place: • The officers will identify themselves as police officers. • The suspect will be told that he is under arrest. • The suspect will be advised of the reason for the arrest. • The officer will take physical control of the suspect. This may be as simple as the officer placing a hand on the suspect’s shoulder. • The officer will “mirandize” the suspect by stating: • You have the right to retain and instruct counsel without delay. • You have the right to telephone any lawyer you wish. • You have the right to free advice from a Legal Aid lawyer.

  6. If one is charged with an offence then accused person may apply to the Ontario Legal Aid Plan for legal assistance. • The suspect will be asked if he understands his rights. • The suspect will be asked if he wishes to call a lawyer. • The suspect will be searched and should expect to be handcuffed to the rear, for public and officer safety, before being placed in a police vehicle.

  7. Case Studies • Please read and take brief notes on the following cases: • R. v Stinchcombe p. 311 • R. v Askov p. 312

  8. SECTION 21- CRIMINAL CODE • Parties to Offences • Parties to offence21. (1) Every one is a party to an offence who • (a) actually commits it; • (b) does or omits to do anything for the purpose of aiding any person to commit it; or • (c) abets any person in committing it. • Common intention • Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

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