LAWS 3306 Lecture Notes - Lecture 7: Arbitrary Arrest And Detention, Reverse Onus, Peremptory Challenge
2 Aug 2016
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Document Summary
Packer hoped that due process would promote equality before the law. A lot of racial violence was occurring during packers time. Focused on specific acts of police abuse and violence. Aa"s and aboriginals are over represented at every step of cjs. Even though there was significant due process victories they did not affect minority over representation. Model is instead being used to justify the situation. Number of studies have shown that they are used as tool against specific groups. Ericson study: police engaged in constant proactive stops. Used to remind marginalized people of order of things. Found that 43% of black males interviewed had been stopped in last 2yrs. Black males believed they were being stopped due to their prejudices. Remedies: if evidence is discovered then it is excluded. If there are no charges laid, a person has no remedy for their charter violation. Scc went beyond limited exceptions to allow ride checkpoints.
