SOC 3730 Lecture Notes - Lecture 6: Indictable Offence
16 Apr 2016
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Charges: you contact a lawyer after you come in contact with police, formal accusation that they believe you have committed a crime. Notification: required that they give you a notification of those charges. Canada (requirments)- required to inform you of your rights: right to counsel, keep silent, caution (charges) Counsel: right to counsel is not absolute. We do not have the right to have a lawyer present during police interrogation: scc (2010, interrogations. You are not allowed to consult with a lawyer for a second time. Conditions during interrogation: only under arrest/detained, once you have evoked your right to counsel police are allowed to ask innocuous questions only. Innocuous questions: address, name etc, no questions about case. Interrogations: allows police to be more intrusive, 4-6 hours without access a lawyer (goes against rights) Wrongful convictions: police are notorious for lying and wearing suspect down.
