Textbook Notes (369,133)
Canada (162,403)
Sociology (1,821)

Chater 4-Legal Powers of Police

3 Pages

Course Code
Sociology 2253A/B
Jennifer Silcox

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- there are a number of legislative frameworks that define the roles, power, and responsibilities of police organizations adversarial system: system of justice in which cases are argued by two opposing sides, the prosecution and the defense both of which are responsible for fully and forcefully presenting their respective positions; cases are heard and decided by an impartial judge  Canadians struggle to balance the competing imperatives of crime control and due process without compromising the rights of the accused persons without unduly limiting societies interest in solving crimes and convincing the guilty  5 competing models of criminal justice, or normative value positions: o crime control o justice o welfare o community change o restorative justice SAFE STREETS AND COMMUNITY ACT (2012):  Eliminating the use of conditional sentences (house arrest) for serious and violent crimes  Imposing mandatory minimum sentences for certain sexual offences  Imposing tougher penalties for specific drug offences, such as production, and possession of illicit drugs for the purposes of trafficking POLICE POWERS TO DETAIN AND ARREST CHARTER CONSIDERATION o Enactment of charter has profound impact on the legal powers of the police and has placed limits on what officers can do when investigating o Two concepts important when considering arrest:  S.9 prohibits state agents from arbitrarily detaining or imprisoning individuals(must have valid reason)  s.10 everyone who is arrested or detained has the right to be informed of their right to legal counsel and to retain and instruct counsel without delay DETENSION  police cannot be said to detain within the meaning of the Charter every suspect they stop ARREST  officers can make arrest on various circumstances (preventing commission of criminal offence, compel attendance of accused in court, and to end an offence against public order, such as causing an unnecessary disturbance(disturbing the peace) arrest: taking or keeping of a person in custody by legal authority especially in response to a criminal offence arrest warrant: document signed by judge or justice of peace authorizing a police officer to apprehend a specific person for specified reason and bring that person before a justice of peace  if justice of peace agrees that “there are reasonable grounds to believe that it is necessary in the public interest” a warrant is issued  according to a 495, police officers are
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