Criminology

4 levels of policing 

  • Municipal (Ottawa police)

  • Provincial (o.p.p) 

  • Federal (RCMP) 

  • First Nations police 

Municipal police make up 2/3rds of the police. 

2 officers for every 1k Canadians 

The Maranda rights: 

  • American 

Charter of the rights and liberties 

  • established in 1982 

  • Sections 7-14 are our legal rights

What legal rights do we have as Canadians upon arrest? 

  • Section 7 

    • Life liberty and security of the person 

When arrested, you must give: 

  • Date of birth 

  • Address 

  • Name and identification 

When pulled over you must give 

               - Licence 

               - registration 

             - Insurance if asked 

Section 10: The right to not be arbitrarily detained -

  • a) The right to be informed of the reason for arrest 

  • b) the right to legal representation 

  • c) The right to have the validity of the detention determined by way of habeas corpus (having the body)  they are brought before a judge and the judge will determine If they may be detained. Must happen within 24 hrs of being detained 

How can an accused be compelled to appear in court?

  • Appearance notice

    • Official notice requiring individual to appear in court at a specific time and location to respond to criminal charges

    • Given to individuals by police officers before they have been charged 

  • Summon

    • Official notice requiring individual to appear in court at a specific time and location to respond to criminal charges 

    • Received in mail/person after they have been charged with an offence 

What happens if the accused does not appear in court 

  • the judge can use a warrant for the arrest 

Section 8

  • Everyone has the right to be secure from unreasonable search and seizure 

Doctorin of the plain site: allows police to seize evidence they observe in plain view without a warrant. 

Can officers enter houses without a warrant?

- Yes if they get ANY 911 call

- Doctorin of Plain Sight

The 5 main roles of the police

  • crime prevention

  • Law enforcement

  • Order maintenance 

  • Emergency response 

  • Assistance to victims  

What is police discretion

  • the ability of officers to make decisions using their judgement

  • Not based on law, rules or regulations. 

  • Examples: underage drinking, when they use their weapons 

  • What factors can influence police discretion?

    • Manorisms and demeanour 

    • Personal biases 

    • Racial bias 

    • Ethnicity 

    • Gender/sex

    • Age

    • Economic status 

    • Sexual orientation

    • The publicness of the offence 

    • Who initiated the call 

Why is discretion important

-flexibility 

What are some concerns: 

Mission Creep

  • when organizations assume additional duties that were never envisioned by the founders of those agencies 

How does a person with a mental illness come to the attention of the police

  • a familiar person calls  

  • Police come across them themselves 

  • They call them themselves because they are scared 

Can someone who is experiencing mental health issues be involuntarily brought to the hospital by the police? 

  • section 17 of the Mental Health Act gives police the authority to apprehend someone and take them to the hospital for an assessment 

  • An officer must have reasonable and probable grounds to believe that a person is suffering from mental disorders 

    • Threat to themselves 

    • Threat to others 

    • Showing a lack of competence in caring for themselves 

Why are people with mental illness disproportionately met with lethal forces 

  • police might have preconceived notions 

  • Situation can escalate 

  • The officer is unable to differentiate between unruly behaviour and mental illness.

  • Police responses are based on the assumption that the individual is rational: “the command and demand approach’

  • Police are quick to react rather than de-escalate

  • Preconceived notions about people with mental illness