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SOC 3730 (86)

February 14.docx

4 Pages

Course Code
SOC 3730
Michelle Dumas

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February 14 – SOC3730 – THE DEFENCE Police station – procedure - charges - notification o for the right to remain silent, the right to obtain legal counsel - Canada (requirements) o Right to counsel  My duty to inform you that you have the right to counsel…. o Caution (charges)  Read charges. Anything you said may be used against you as evidence. - Counsel o SCC – 2010 – issued ruling to state that you don’t have right to lawyer during police interrogations and cannot stop an interrogation to consult with a lawyer a second time – you can consult with them once, but not a second time. More a crime control model then a due process. o Conditions  Only if you are under arrest or have be detained. o Innocuous questions  Police can ask you your name, your address, things that are unrelated to the crime. In the USA, police cannot ask any questions once they have asked for a lawyer. o Miranda v. Arizona (1966)  Canadians refer to it as ‘Miranda as well’ – police inform people of their rights. Before 1966, in the USA, it was not mandated that the police give them their rights. o Controversy  Police in particular said it would detain them and keep them from doing their jobs. It would impact their investigation and significantly hinder their abilities to enforce the law. Also controversial and there were claims that having police read rights, that it would increase the rate of crime (apparently…lol) o Effect  Police less likely to use physical force. o Criticism (politician and media)  That is would create criminals o Miranda Rights (countries) --- chart comparing countries. Likely posted on the slides on CourseLink. - Waiving rights (Leo) o Study done by Leo  Classic study and cited everywhere  Spend over 500 hours over 9 mos. Period observing interrogations including participant observations with police – observed 182 interrogations – when, if they do people waive rights – found that 78% of people actually did waive their right. Every 4 out of 5 waived rights. 75% who waived rights admitted to guilt or false concessions or gave evidence. He February 14 – SOC3730 – THE DEFENCE found that police use specific techniques to specific waivers. Building rapport and sympathy, becoming an allie or friend. They promise benefits. Most Common phrase is “I can help you, but if you call a lawyer there is nothing I can do and you will get the maximum.” - Why waive Miranda rights? o Kassin and Norwick  Watched police training and saw how police tried to get suspects to talk outside of Miranda – specific techniques they use  They can’t use any admission of guilt (in the USA) in court but any evidence or possible witnesses are admissible.  The likelihood of people evoking their rights is when they have had a prior record. People who had a prior record knew how it worked and more likely to ask for lawyer. If people were actually innocent, they were less likely to ask for a lawyer. - Why waive? o Experiment (144 subjects) o Two groups (innocent or guilty)  Taking something from a drawer or not o Police interrogation (neutral, sympathetic, hostile is how the police acted)  Neutral – told them rights, no additional comments – no expression  Sympathetic – offered water, a drink, told them what they wanted to hear. Tried to be really friendly with the person.  Hostile – yelled at them, he knew they were guilty, called them a liar, reinforcing a strong, aggressive police interrogation style. Each were told of rights to legal counse
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