Flashcards
Admin to Criminal
Cards in this deck (74)
- 1What are the four structures of Canadian Policing?1. Federal Force
2.Provincial Force
3.Municipal Force
4. Aboriginal Force - 2Give an example for the Federal police force in Canada.1. Federal Force i.e.: RCMP - responsible to the Solicitor General of Canada under the RCMP Act. for enforcement of federal statutes i.e. Control drugs and Substances Act, Securities Act.
- 3What does INSET stand for, and which force are they connected to?Integrated National Security Enforcement Team
- they are connetced to the RCMP
i.e. Protecting foreign dignitaries and/or high -ranking public officials. - 4Give an example of both INSET`s primary function and where they operate?- deals with domestic terrorist threats
- operates in provinces and works with police and other forces - 5Give an example of Provincial police force responsibilities in Canada.Provincial forces enforce both: Criminal Code and Provincial Offences
- 6Which provinces do NOT use RCMP (as a contracted force) to provide provincial or municipal forces?the RCMP does not provide provincial or municipal policing in Ontario or Quebec
- 7What is the RCMP(under contract to the province), OPP and/or the Surete de Quebec responsible for?Ensuring public safety/crime prevention for unincorporated areas (ie. highways and
lands outside of municipalities) - 8What else are some of the additional duties of the provincial police?They also work as an information clearinghouse and provide assistance to municipal
forces on issues relating to: electronic crime, organized crime - 9Which Provincial Police branch are electronic crimes under:Under the Economic Crime Branch
- 10Organized crime is under which branch of the Provincial Police?Under the National Crime Intelligence Branch
- 11L Directorate is what form of laboratory?"Crime detection"
laboratories - 12CPIC stands for? and is under what directoratethe Canadian Police Information Centre
(is under V Directorate) - 13The RNC in Newfoundland is not the provincial police force (as some may assume)...What large cities are the RNC responsible for:RNC does control some large cities in Newfoundland i.e.: St. Johns, and Labrador city
- 14Municipal forces are responsible for:Enforcement of criminal code offences, provincial quasi-offences (i.e
Highway Traffic Act [there are offences that have a criminal component]), and Municipal By-law
Infractions - 15Where are the RCMP or Provincial force under contract to a municipality?Burnaby and Surrey, B.C.
- 16municipal force – include independent city forces such asLondon Police, the Toronto
Police Service and the Vancouver Police Department - 17Give an example of when regional forces composed of multiple jurisdictions that are banded together...Peel, and Halton Regional police in Ontario
- 18OPP can also contract out to be a municipal police service, for example:The RCMO
- 19Aboriginal police forces are essentially treated as what type of force?Municipal Forces; the accountability structure is same/similar to that of a
municipal force i.e.: Local control; enforcement of federal, provincial and municipal offences - 20They are equivalent to municipal police services and operate in the same manner, what municipal force fits the above description?Aboriginal police are equivalent and operate in the same manner.
- 21This is a police officers main goal...preserving the peace
- 22Their #1 duty set out legislature, and over time more duties have been added, such as...1. preventing crimes and other offences
2. assisting victims of crime: like offering them access to consolers
3 .the investigation of crimes
5.the apprehension of criminals
6.recommending charges and participating in prosecutions (in some p - 23As a 24 hour service provider Police duties are much more than duties previously mentioned, such examples are:Taking people to find shelter, Putting kids back on buses, Settling
disputes, Helping lost people - 24When an officer is doing things that are not necessarily within their "job description", this is a result of...The public expect that police officers will come at their beck and call
- 25List 2 examples of "above and beyond" duties of an officer:1. A police officer in Stratford who told the Prof. that he was called to a
hysterical women’s house to kill a bat
2. Police officer who would buy runaways bus/train tickets home - 26Helping lost people is about the safety and well-being of those (most often than not) vulnerable people. Prof. Huey gave an example in her lectures.In Manitoba children in social services are the most likely to
be reported missing because often they are street kids and leave their homes to go hang
out on the streets with their friends - therefore they are also, the most likely to be fo - 27To define the police institution in the words of (Bittner) in terms of "Police Power" is:The power to invoke the law, through a range of sanctions from issuing tickets to
effecting an arrest – a form of coercion in and of itself, coupled with the ability to use force in effecting a resolution - 28The "Power of Arrest" is generally covered under what criminal code?Covered under s.495 of the Criminal Code
- 29"Types of arrest" outlined under which areas of legislation?The CCC and in other pieces of federal legislation
- 30Define a "Warrantless" arrest:Where an officer has "reasonable grounds" to believe that an individual(s) has committed an
"indictable" offence or, is about to be commit one - 31What offence is the exception to a "warrantless arrest"s.553 offences – the lowest level of
indictable offences, tried by a prov. Court judge only. i.e. Obtaining money or property by false
pretenses; keeping a bawdy house/betting house etc. - 32If an officer finds someone committing any criminal offence, i.e. indictable, summary or hybrid offence, is a warrant needed?No, it is warrantless.
- 33A document issued by a judge directing corrections officials to receive someone into custody upon sentencing; or where an individual’s parole has been revoked is an example of:Criminal Committal
- 34When an officer has reasonable grounds to believe that a warrant of arrest or criminal committal, is in force within the jurisdiction in which an individual is found, this is handled with:a "warrantless" arrest
- 35Why police will, more often than not, choose to get a warrant before acting is to:Is to create a paper
trail for themselves and cover their asses when they go to court
i.e. they want a solid legal case to
present at the trial - 36What is document police officers have access to that, deems a certain person has a warrant for their arrest?a warrant of committal
- 37Give an example situation, of when an officer is duty bound to follow up on a "warrant of committal: "If an officer runs a persons name through their system (asks for name and i.d.) and a warrant appears
- 38What are the two addition conditions of the "power of arrest"A.)The officer must have reasonable grounds to believe that the person "is not likely to appear in court of their own accord"
B.) The officer must have reasonable grounds to believe that an arrest is "necessary to the public interest" becau - 39Is a bike rider is without a helmet and was pulled over and refused to give his name to the officer, the police then arrest him, the man’s argument in court was that he has the right to not incriminate himself, he lost because the court decThe officer had reasonable grounds to believe that an arrest is
"necessary to the public interest" - 40What are two more reasons for when an officer has reasonable grounds to believe that an arrest is "necessary to the public interest"1.) There is a need to "secure or preserve evidence relating to the offence"
2.) To prevent "the continuation or repetition of the crime or another offence" - 41List 2 ways an Officer can obtain a warrant:1.) Swearing on information
2.) Police may apply for a
"telewarrant" - 42Define what it means for an officer to "Swear on Information" when attaining a warrant:In order to obtain a warrant, an officer can appear before a Justice of the Peace in order to swear an information.
The JP must be convinced that there are
‘reasonable’ grounds to believe that an arrest is in the public interest - 43Define "telewarrant" and why a warrant would require to be attained in this way:Because of difficulties in accessing JPs under "exigent circumstances"
i.e. "apply and receive" a warrant from a JP by telephone or fax machine (s.487) - 44Give an example of when "exigent circumstances" occur:"Exigent circumstances" occur: when the a law enforcement officer has a probable cause and no sufficient time to secure a warrant.
- 45List the first four "components of arrest"1.)The officer identifies him/herself as a police officer
2.)Tells the suspect that they are under arrest
3.)Explains the reason why they are under arrest
4.)Touches the individual (may be subduing the individual or just tapping them on the - 46Now list the remaining four "components of arrest":5.)Handcuffed
6.)Charter rights are explained(i.e. “caution”)
7.)Asked if they are carrying sharps, etc., and then searched
8.)Placed into the back of a car/paddy-wagon for transportation - 47The example of a police officer (San Francisco) who was stabbed with a HIV positive needle when reaching into the offenders pocket, is a result of forgetting what component of arrest?Asked if they are carrying sharps first, then search
i.e. needles etc. - 48A paddy-wagon (named after St. Patrick's day) is where you stick the drunk people...why use this method:this way the wagon can just
be hosed down i.e. if anyone vomits, pees, craps, or bleeds - 49Why are cops usually hesitant/and or call the paddy wagon, instead of putting the individual in the back of the car?No one wants to be driving around
with those smells(pee, crap, vomit etc.) in their car... so they call the paddy-wagon to pick them up - 50Why do the drivers of the paddy wagon sometimes hit bumps in the road when taking someone in?If you’re an ‘asshole’ the driver can make sure they hit all the bumps
while you’re in the back of the wagon. - 51Define "Charter Caution"The accused is advised of his/her legal rights under the Charter (ss. 10a/b of the Charter)
- 52When the accused is advised of his/her legal rights under the Charter they are(S. 10) Everyone has the right on arrest or detention;
a.) to be "informed promptly" of the reasons therefor;
b.) to retain and instruct counsel "without delay" and to be "informed of that right" - 53As of the SCC decision in 1990 of R. v. Brydges, what, in addition, must the officer inform the accused about?The availability of legal aid
i.e. Do you want to call a lawyer?” - they must ask this directly now - 54If the officer chooses to issue an "appearance notice" instead of arresting the individual, this is only if:If the offence is a (s.553) indictable; summary conviction, or a hybrid
- 55Except for a very serious offence it is important to note:The onus is on the police officer to avoid arresting the offender
- 56If you are arrested you are under the care of the police until your released or moved to a detention centre, if you’re being detained it’s only temporary, this the difference between:arrest and detention
- 57Police also have the right to place someone under temporary detention (i.e. power to detain), give an example of this:The officer has reason to believe that they are a witness or a suspect in a
crime for questioning - 58Under s.10 of the Charter, anyone who is detained by the police has the right to:be told why,
and to retain a lawyer - 59Search and seizure can be conducted when:i) Warrant,
ii) upon arrest,
iii) with consent - 60May I look in your bag? is an example of:search and seizure: "with consent"
- 61When asked to look through a persons belongings, what do most people say, and what are two reasons for this?Most people will say yes if they have nothing to hide, or think that they must abide
- 62When asked re: search and seizure what if one says no!? Give an example from the lecture?Prof. Huey's friend was going on a fishing trip and was stopped by a roadblock step up to confiscate booze from people going out to party for May 2-4, the cop asked to look in his mint tin and he said no, they put him in handcuffs and began to search his car, he was as the cops would say being an ‘asshole’, when he said no they saw him as being unreasonable and having something to hide, which he did (weed), but they didn’t find it
- 63Where else does these rules apply for an individual?You have similar privacy rules to your car as people do their homes
- 64What is a "plain view doctrine"?It permits a police officer to seize something if they discover it
through legal means and inadvertently - 65Give an example of the "plain view doctrine":a police officer pulls you over to issue a
ticket and sees a kilo of cocaine in your backseat - 66If an officer sees a i.e kilo of cocaine in your backseat, what can they NOT do:They cannot use the cocaine
to justify further searching, a warrant is required. - 67Define "use of discretion" include an example:When a police chooses between different available options – such as whether to issue a ticket to a speeder, whether to let a kid off with a warning
- 68Why is it important for an officer to use digression?Police need to exercise discretion simply because of the volume of calls they handle.
- 69Limits on discretion are:internal policies/external policies
- 70List some "factors" on the use of discretion:a) characteristics of the victim/alleged offender (scummy or obviously well-to-do)
b) individual policing styles (some officers are more likely to practise discretion than others (the
desk jockey (CPO) versus the hard charger)! - 71Give additional examples regarding, the factors involved in the "use of discretion":c) seriousness of the offence
d) formal and/or informal department policies (getting an asshole off the street)
e) arrest warrant issued - 72Give an example of when an officer doesn't have a lot of discretion available?In domestic violence cases, they have to follow strict rules to avoid people getting hurt.
- 73In the past, there have been cases where a man has been removed from his house to "cool down" and then has returned and killed his wife...what is the usually they way this is handled today:Today someone usually needs to be charged, or their must be extensive paperwork to say why a charge was not
laid - 74What was the Profs personal example of the police "using discretion"?in the 1980’s, Prof. Huey was pulled over in a car that matched the description of a hit and run, Huey did not have a drivers licence and she was drunk (which was not uncommon at the time), she did not look scummy - but rather normal, she did not have a previous criminal record, and therefore the police called her a cab instead of arresting her
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- policing I created by cstinson on 10/21/2015.
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