February 14 – SOC3730 – THE DEFENCE
Police station – procedure
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
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.
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.
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)
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
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
Neutral – told them rights, no additional comments – no
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