Class Notes (836,136)
Canada (509,645)
Criminology (2,472)
CRM1300 (408)

Pretrial Criminal Procedures.docx

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Carolyn Gordon

Pretrial Criminal Procedures Arrest With A Warrant  Police must lay an information with a Justice Of The Peace to obtain a warrant o Information: document sworn before a Justice of the Peace or a Judge specifying an individual who has allegedly committed an offence.  Police must suspect on reasonable grounds that individuals committed an indictable offence.  Reasonable grounds: justifiable from a reasonable POV where anyone else in the same situation would feel the same way  Can not be a hunch but can be based on officer experience and expertise  Has nothing to do with the likelihood of conviction  Committed lesser offence, but reason to believe they may not appear for trial  Suspect must be brought before a justice of the peace without “unreasonable delay” Arrest Without A Warrant  Crime is in progress (summary or indictable)  Suspect is known to have committed an indictable offence or suspect is about to commit an indictable offence (based on reasonable grounds)  Has an outstanding arrest warrant  Those whose arrest will serve the public interest/prevent further offending Options For Compelling The Appearance Of Accused  Arrest: o With or without warrant o Habeas Corpus o Protection against unlawful detention  Appearance notice: o Gives court date and allegations, followed by laying an information o Indicates consequences that occur if you do not appear o Information comes 2 , after appearance notice  Summons o Lay an information and a justice of the peace will issue a summons with the details o Information comes first, then a summons What Is Judicial Interim Release?  Bail o May not be denied without reasonable cause  Crown must “show cause”: o Offence involves sentence of five years imprisonment or more o There is reason to believe the suspect will fail to show up o Protection or safety of public  “Reverse Onus” o Accused must “show cause” of why a release is justified o Charged with S.469 crime (unlawful bodily harm or torture) or drug offence o Accused is charged with an indictable offence while on bail o Suspect is in the process of appealing another indictable offence o Current or past bail violations o Not a Canadian citizen  Recognizance o Forfeit money for failure to appear o No deposit (unsecured)  Surety o Jailor in the community o Must be an individual of upstanding character (with no record) o Takes responsibility for appearance and obeying conditions o Burden falls on them for bail money  Bail o Money left with court to ensure appearance o If you live more than 200km away or not a resident of the province o Secure deposit  Bail Reviews o Summary conviction offences: 30 days o Indictable offences: 90 days Custodial Interrogation  Purpose o Provide police with incriminating evidence --> lead to determination of guilt o Discover stolen property o Locate accomplices o Indicate involvement of suspect in other unsolved crimes o Solicit a confession from suspect (takes responsibility and adnmit guilt) Interrogation  Suspect has the right to remain silent, but: o Can’t obstruct or impede investigation o Statements may be used at trial  When confessions are introduced in court: o Was it the result of a conscious mind? o Not on alcohol or drugs o Was it made voluntarilry  Voire Dire Hearing: o Trial within a trial o Would the admission bring the administration of justice into dispute?  N.B. In Canada you only get 1 phone call to a lawyer to discuss, do not get another call unless the nature of the investigation changes o Lawyer cannot be present during interrogation Confessional Devices  The Inquisitional Chair o Spikes, heat to pierce skin o Many false confessions o 3 degree: typically confess at 3 questioning  Headcrusher o Helmet that crushes head  Judas’ Cradle (spiked triangle)  The Rack (stretches body) Interrogation Strategies  Conditioning Strategy o Encourages suspect to trust questioner (be nice, give coffee, smoke break) o Part of Good Cop/Bad Cop routine  De-emphasizing Strategy o Focus on empathy for victim (and their families) o Rights are unimportant o Make suspect feel bad  Persuasion Strategy o Encourage suspect to talk so that his/her side may be heard False Confessions  Voluntary False Confessions: o Voluntarily confesses to crime he/she did not commit (e.g. for fear, fame, protect someone, member of criminal organizations)  Coerced – Complaint False Confessions (still thinks not guilty): o Result of an intense custodial interrogation (e.g. escape from situation, promised earlier sentence)  Coerced – Internalized False Confessions (believes they’re guilty): o Suspect falsely recalls involvement with a crime and confesses to it (e.g. presented false evidence, attack someone’s memory) The Case of Michael Crowe  Sister is found d
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