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Lecture 11

CRM 1300 Lecture Notes - Lecture 11: Truth Serum, Recognizance, Exigent Circumstance


Department
Criminology
Course Code
CRM 1300
Professor
Carolyn Gordon
Lecture
11

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Chapter 7: Pre-trial Criminal Procedures
Arrest with a Warrant
Police must lay an information with a justice of the peace to obtain a warrant. This is
the formal accusation of a criminal offense made by a public official (police officer); the
sworn, written accusation of a crime. It is presented before a justice of the peace, and if
they decide that a warrant is then necessary by means of reasonable grounds, it is
granted. The information is also used to inform the accused of the charges against him
or her, as they are then have the opportunity to prepare a defence.
Police must suspect on reasonable grounds that individual committed indictable
offence
Committed lesser offence, but reason to believe they may not appear for trial (cannot
be compelled by a summons)
Suspect must be brought before a justice of the peace without “unreasonable
delay”(24 Hours)
Arrest without a Warrant
Crime is in progress
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 the Accused
Arrest
With or without warrant
Habeas corpus writ is a court order requiring an arrested person to go before a
judge or to court
The principle of habeas corpus is that everyone is free from being wrongly
detained
Protection against unlawful detention
Appearance notice
Gives court date and allegations, followed by laying an information
Says that not appearing will result with a warrant for their arrest
Appearance notice comes first, then the information
Summons

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Lay an information, then a Justice of the Peace will issue summons with details
Summons can be used when you hit a car, you take off, a witness reports the hit
and run with your license plate to the police, then the police send this to you
Judicial Interim Release
This is a fancy term for bail
Bail
May not be denied without reasonable cause because ‘innocent until proven
guilty’
Crown must ‘show cause’:
Offence involves sentence of 5 years imprisonment or more
There is reason to believe the suspect will fail to show up
Protection or safety of the public
Reverse Onus
Accused now has the onus to convince the justice of the peace why they should
be released into the community
Charged with S.469 crime or drug offense
Accused is charged with an indictable offence while on bail
Suspect is in the process of appealing another indictable offence
Current or past bail violations
Not a Canadian citizen
Recognizance
The recognizance is the sum of money pledged to ensure the accused goes to
court
Forfeit money for failure to appear
No deposit – unsecured
Surety
Jailor in the community (individual in upstanding character, friend/family member)
who looks after the accused and makes sure they follow their conditions – failure
to follow would result on responsibility on this person, payment is on them
Bail Money

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Money left w/ court to ensure appearance – when? If the accused lives more that
200k away or not a residence of the province
Bail reviews
Summary conviction offences –every 30 days
Indictable offences –after 90 days
Custodial Interrogation
Purpose
Solicit a confession from suspect, as it legitimizes the entire process, no longer
have to go to trial
To provide police with incriminating evidence – leading to determination of guilt
Discover stolen property
Locate accomplices
indicate involvement of suspect in other unsolved crime
Interrogations
Suspect has the right to remain silent but:
Can't 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 made voluntarily?
Voir dire hearing
Would admission bring the administration of justice into disrepute?
Confessional Devices (Ways to have someone confess):
Truth serum, lie detectors, threats, falsifying info (lie detector said one thing when it
really didn't), sleep deprivation, good cop/bad cop
In the past:
The Inquisitional Chair - Nail seat
The head crusher
Judas' Cradle
The Rack
Sensory Deprivation
Stretch wheel
Interrogation Strategies
Conditioning strategy
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