CRM 2305 Lecture Notes - Lecture 2: Shadow Children, Telephone Tapping, Fundamental Justice
Document Summary
The state: polis, policing a democratic society, fear of policing, how do we balance police protection of security with individual rights. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice: 8. Everyone has the right to be secure against unreasonable search and seizure: 9. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Variables related to arrest: the situation, public place, officer acting alone, the community, minority and working class communities, extralegal factors, race of suspect, type of offence, race, class, or sexual orientation of victim. Custodial interrogation: the suspect must be informed of the right to remain silent and retain counsel, most give statements to police, both verbal and written, if asked, voluntary statements may be used as evidence.