What Is The Role Of Police In Society – What police organizations exist in Canada? What is legal arrest? What are the rights of the accused during arrest? What are the rights of the police during arrest? Where do we draw the line between security and freedom?
3 Police – The most expensive component of the criminal justice system is policing. In 2007, Canada’s police forces cost approximately $10 billion annually and consisted of police officers at approximately three different levels – federal, provincial/territorial and municipal. The federal police Royal Canadian Mounted Police (RCMP) serves as the provincial police in all provinces and territories except Ontario, Quebec, Newfoundland and Labrador. Also acts as municipal police. Mandate: Border Integrity Customs Immigration and Passport Branch Maritime and Ports Branch Drugs and Organized Crime Drug Enforcement Organized Crime Branch International Policing Interpol International Operations Financial Crimes Commercial Crime
What Is The Role Of Police In Society
The Ontario Provincial Police as an example…. Police Services Act – Imposing policing on municipalities that are not required by law to maintain their own police forces; Responding to municipal police requests for specialized assistance in emergencies; To provide traffic control on all 400 series and major highways, including those sections which are under the jurisdiction of municipal police forces; Providing investigative services to the coroner’s office and other provincial ministries upon request; and performing other assigned duties, such as maintaining the provincial firearms registry, providing security at Queen’s Park, and protecting Ontario government officials and dignitaries
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Each municipality funds its own police force. Smaller communities that do not have municipal funds for their own forces use the services of the provincial police or RCMP. The duties of a municipal police officer may include: keeping the peace, preventing crimes from occurring, assisting victims of crime, apprehending criminals, laying charges and participating in prosecution, enforcing municipal bylaws, executing warrants. Do In 2007, municipal police services employed 66 percent of all police officers in Canada. Tribal Police The goal of such police forces is to provide services that are professional and in touch with the culture and needs of the community.
Choose one of the three ‘Arrest Custody Police Situations’, investigate and explain what rights and responsibilities exist for the identified parties, see the Charter of Rights and Freedoms handout, identify the legal and ethical issues present, in particular, Which Criminal Code section applies? Summary Conviction, indictable offence, etc. Conviction/penalty Ethical Issues – Ethical…beyond what the law says – What do you think? Concluding question: To what extent do police need to use discretion in carrying out their legal duty? Do you value it (conscience, I mean) or do you consider it problematic? explain. Structure and assessment: /15 Identify the situation Identify the ‘parties’ /3 Rights and responsibilities of the parties involved (Charter rights?) /2 Legal issues – (Criminal Code section applicable?) /3 Ethical issues – Ethics? /2 Closing Question /5
Must establish: (mens rea or actus reus?) A crime has been committed Reasonable grounds that the suspect has committed a crime Alternatives to action Appearance notice: A legal document stating the criminal charge and court date (no threat) Summary conviction, Mixed, less serious indictable offenses Name of the offence, time/place/place of appearance The accused must obtain a copy and sign a Warrant for Arrest: An order by the judge for arrest Present if arrest at the scene is impossible To be issued a summons, which will be delivered by a representative of the court, to be advised of the arrest, to give the accused the right to counsel, the right to remain silent, to physically touch the accused to indicate custody.
8 Alternatives to Arrest Action Purpose: To lay charges, preserve evidence, preventive action may be taken without a warrant if sufficient evidence exists that a crime has been, is or will be committed. Required: Identification by police officers Advice of arrest Notice of charges (section 10(a) of the Canadian Charter of Rights and Freedoms) Notice of rights (section 10(b) of the Canadian Charter of Rights and Freedoms) Mace: Use as much force as possible Use Necessary to prevent escape Use deadly force if: harm/death to others, fleeing to avoid arrest, no alternative means to prevent escape criminal liability exists
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Section 8 of the Charter states: Everyone has the right to be secure against unreasonable search and seizure. What is ‘unreasonable and probable’? Searching a person Police do not need to get a warrant to search a person they have just arrested. For this exception to be valid, the police must meet three conditions: the arrest must be lawful, the search must be related to a lawful arrest, the method of conducting the search must be reasonable Additionally, the police cannot demand that you tell them your name. or even stop you, except for driving a car – they can ask for your license, title and insurance papers, they can even stop your car and check the mechanics, but they’re ‘If the police see something in your car, they can ask about it, but it has to be visible. Police are not allowed to see inside visible bags in your car
10 Searching a Location In most cases, police must obtain a search warrant before searching a location such as a residence, office, or storage area. R. v. Buhay, in 2003, the Supreme Court of Canada held that searching bus lockers without a warrant violates the section. 8 of the Charter. To obtain a search warrant: The police officer must give information under oath to a judge or justice of the peace, the information specifying: the crime; Items the police are looking for; and, they have reasonable grounds to believe that the items will be found there, the search warrant will specify a date and time, the police are allowed to search, the police can seize other items not listed in the search warrant Exceptions to section 529(3) of the Criminal Code The police may have reasonable grounds to enter a dwelling If it is necessary to prevent i) imminent injury or death to any person; or ii) destroying evidence relating to an indictable offense under the Controlled Drugs and Substances Act
Article 9 of the Charter states: Everyone has the right not to be arbitrarily detained or imprisoned. Before arresting a person, the police often ask questions… Thus, when a police officer stops someone for questioning, that person is ‘detained’. Detained but not arrested, not required to answer any questions Note: It is advised to cooperate with the police officer and not resist. Rights to be arrested Police are good at encouraging people to talk, 60 per cent of accused persons give oral information 70 per cent of accused give written statement before contacting a lawyer…Why? Section 10 of the Charter: Everyone under arrest or detention has the right to: Be informed of the reasons for detention and to instruct counsel (and to be informed of that right) to determine the lawfulness of the detention Can be done. Habeas corpus and release if the detention is illegal
What happens when the police arrive at a crime scene for the first time? Assist the injured at the scene, call reinforcements to eliminate any threat that may pose a risk Search the crime scene – officers believe suspects are present and armed – secure it Security and protection of the crime scene Give officers Boundaries must be established: The center perimeter is protected for three reasons: To allow a thorough search of the scene to seize and collect physical evidence To ensure that the scene has not been properly managed Contamination of physical evidence Loss, destruction, or alteration of police log: a daily written record of what an officer has observed
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13 Citizens’ Arrests The most common form of citizens’ arrests involves incidents of shoplifting. Immediately after a citizen’s arrest, the suspect must be handed over to the police. Section 494 of the Criminal Code: Anyone may arrest without conviction any person whom he finds to have committed an indictable offence; or any person who, on unreasonable grounds, believes that he has committed a criminal offence; And running away and being chased by people who have the lawful authority to arrest that person. If a person is committing a criminal offense on or in relation to property, that person may be arrested without a warrant by the owner or person in lawful possession of the property; or by a person authorized by the owner or by a person in lawful possession of the property.
Four types of police officers – Patrol officer protects the crime scene, ensures that no evidence is lost or tampered with, arrests suspects if a crime is in progress, crime scene officer collects evidence. Photographers collect and analyze fingerprints, foot and tire marks, blood, hair evidence, and criminal identification officers search the crime scene. Physical Evidence Criminal Investigation Bureau officers conduct expert observations in particular crimes, conduct investigations, interview victims and witnesses, interrogate suspects, draw conclusions and arrest suspects.
Collection, preservation and analysis of physical evidence is an important aspect of police work. Physical evidence: Any object, impression, or element of the body that can be used to prove or disprove facts related to a crime. Forensic Science: Uses
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