Module 2 Flashcards
(24 cards)
Three levels of policing:
Federal, Provincial, Municipal
Police discretion
The freedom that a police officer often
has for deciding what should be done in any given
situation
Justifications for the use of discretion
- 1) Subjective: “must have been exercised honestly and
transparently, and on the basis of valid and reasonable
grounds” - 2) Objective: ”justification offered must be proportionate to
the seriousness of the conduct and it must be clear that
the discretion was exercised in the public interest”
Problems with discretion
Racism and Use of force
Carding
Police collect and document information in non-criminal
encounters with the public (mostly banned)
Street checks (not technically carding)
a voluntary interaction
with the public, initiated by the police officer, where the
police officer makes a request for personal identifying
information for a law enforcement purpose. (banned in Nova Scotia)
Use-of-force
anything more serious than soft-handed
physical control techniques
Excited Delirium
Syndrome (ExDS)
Symptoms:
* Fatal condition
* Extreme agitation/ delirium
* Aggression
* Increased pain tolerance
* Extreme physical strength and endurance
* Hyperthermia
NOT A RECOGNIZED CONDITION
Body Worn Cameras
- Officers MUST turn on their BWCs BEFORE they arrive at a
call - Before they interact with individuals for police purpose
- They decide when to turn the camera off (must be
documented)
Body-worn cameras are not intended to be used for the purpose
of: - 24-hour recording
- surveillance
- when intimate searches are conducted
Perceived benefits of BWC
- Increased transparency and citizen views of police
legitimacy (??) - Civilizing effect on police officers ( yes)
- Expedites resolution of police/citizen encounters ( yes)
- Helps in police trainings (??)
Perceived problems of BWC
- Citizen privacy concerns (??) – issues of confidentiality;
intermittent vs. continuous recordings - Where to position the camera ( yes)
- Investment in terms of training and policy development
(yes ) – how to use properly? Downloading and storing
footage? - Increased commitment of finances, resources, and
logistics (yes ) – how should it be used in court?
Police can stop you under the following
circumstances:
- 1) If they suspect you have committed a crime
- 2) If they see you commit a crime
- 3) If you’re driving
What are your rights upon arrest? Police caution in Canada:
- Provide the reason for your arrest
- Right to silence (not legally required in Canada)
- Right to counsel
Canadian Charter Rights
DO NOT have the right to
counsel present during
interrogation
Police ARE ALLOWED to
continue questions
Limited to a single
conversation with counsel
(even a brief phone call)
Request for more counsel is
not protected
US Miranda Rights
Legal representation
DURING questioning
Police NOT ALLOWED to
continue questions once
right is asserted
In person consult with lawyer
immediately
Has the right to counsel of
their choosing
Police interrogations
- Definition: interpersonal process whereby a
police officer asks a suspect questions about their
involvement in a crime (Snook & Luther, 2019) - Custodial: Person has been detained or
arrested; typically occurs at the police station;
must be told about rights - Non-custodial: Suspect is interviewed but has
not been detained or arrested; outside of police
station (e.g., Mr. Big); rights not required
The Reid Technique
Definition: A process whereby the police
interview a suspect for the purpose of gathering
evidence and obtaining a confession
3 phases: Phase 3 has 9 steps
ex: what Jennifer did
Limitations of Reid technique
- Detecting deception
- Very difficult
- No one very accurate
- Investigator bias + coercive
- Enter an interrogation already believing suspect is
guilty - No evidence that it works
- No evidence that it leads to more confessions than
non-Reid techniques - Snook et al. (2010)
PEACE Model
Planning &
Preparation, Engage
& Explain, Account, Closure, evaluation
Interview Before & After
Benefits of the PEACE model
- No coercion = less chance of inadmissible statements
- Results in the same number of confessions without any
limitations associated with Reid Model - Use of cognitive interview techniques = evidence-based
memory enhancement + accurate information
RCMP’s Phased Interview Model
“Hybrid approach of non-accusatory and accusatory-
based interviews”
*A) review, preparation, and planning
* B) introduction and legal obligations
* C) dialogue
* D) version challenge
* E) accusation and persuasion
* F) post-interview
“Mr. Big” Technique
- Surveillance stage
- Undercover police befriend the suspect
- Suspect is introduced to criminal organization; is
asked to engage in illegal activity (is rewarded) - Eventually meets the leader or “Mr. Big”
- Encouraged to confess to serious crimes to
impress leader or as “a form of insurance”;
threats are sometimes used - Confession used in suspect’s trial
Example short-answer question:
Your local police agency still uses the Reid
technique when training officers in interrogation
practices. You’ve been tasked with updating this
training. Provide evidence-based arguments for
why new approaches should be adopted. Outline
what should be included in this new training and
why.
answer