• Why is it important for persons accused of a crime to have these rights?
• Everyone is innocent until proven guilty, prevent wrongful conviction, should be treated
fairly, keeping authorities in check.
• What is investigative detention?
• Police can detain, interrogate, and search an individual even where there is less then
reasonable grounds to believe an offence has been committed.
• Arrest is the power to deprive an individual of liberty.
• To legally arrest:
• Physically take control with the intent to detain the individual.
• The police must follow certain verbal mandates.
• States marando rights
• March 13, 1963, $8 was stolen, arnesto mirando was arrested, after 2 hours of questioning
confessed to stealing this and raping an 18 year old 11 days earlier. 1966 decided that he
would get a new trial.
• Police must say: inform of why you are being arrested, right to council, they must ask you if
you understand, let you say anything to what you are being charged for, you don’t have to
say anything, but if you do it can be used against you as evidence.
• Arrest With a Warrant
• Police must lay in information with a justice of the peace to obtain a warrant.
• Police must suspect on reasonable grounds that individual committed indictable offence.
• Committed lesser offence, but reason to believe that they may not appear for trail (cannot
be compelled by a summons).
• Suspect must be brought before a justice of the peace without “unreasonable dealy” (24
• Is it possible to arrest without a warrant?
• Crime is in progress (summary/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
• With or without a warrant
• Habeas corpus
• Protection against unlawful detention
• Appearance notice: • Given to the person before they are charged with the crime, then the officer goes to the
justice of the peace to lay the information.
• Gives court date and allegations, followed by laying of information.
• Officer lays the information first, JP with issue summons with details.
• Custodial Interrogation
• Extract a confession*, confirm your involvement, get more evidence for the crime or any
other crimes, name some accomplices, discover stolen property.
• Suspect has the right to remain silence, but they cannot obstruct or impede an
investigation, statements may be used at trial.
• When confessions are introduced in court: Was it the result of a conscious mind? Was it
• Voir dire hearing
• Would admission bring the administration of justice into disrepute?
• Confessional Devices
• The inquisitional chair made of metal with iron spoke, people would be strapped down if
accused of the crime and they would be questioned. If the authorities were not satisfied
with their answer they would turn the heat on the chair to burn