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Mental illness and criminal justice system
Mental illness and criminal justice system
Mental illness and criminal justice system
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(c) The significance and complexity of the case
(d) Whether or not Janice has shown willingness to co-operate with the police
(e) The age and capacity of Janice to answer questions
(f) For a person who is arrested – any time spent to question the arrested before an arrest;
(g) The need to delay/stop questioning for time-out purposes.
However, under s 404(2), if Janice decides not to answer any questions asked by the police, unless it is not reasonable to continue the detention period unless it is necessary to carry out any further investigations (s 402(2)(a)); or unless Janice has consented to continue the detention period, or another authority requires Janice to assist in an investigative procedure.
Questioning and confessions during detention
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Staying silent is not an offence (Rice v Connolly). Under s 397, it states that, ‘Nothing in this chapter affects the right of a person to refuse to answer questions, unless required to answer the question by or under an Act.’ Also, under s 431(1) and PR Code s 37(1), the police must respect Janice’s right to silence.
However, there are limitations. Police would require Janice to state their name, address and is required to give evidence of correctness (PR Code s 40-41). If Janice stayed silence here and the police have acted within their authority, then it would be an offence.
Caution right to silence
S 37(1) PR Code states that the police officer would have to caution Janice her right to silence to in a way that tells her that before the police questions Janice, she has the right to remain silent. However, if she does say something or make any statement, then it can later be used as evidence against her. The police would also have to ask Janice if she understands that statement. Under s 37(2) –(3) PR Code, the requirements for the police include: explaining the meaning of right, explain the significance of answering questions asked and also to check whether Janice understands what the police have told her.
Caution freedom to leave
PR Code s 33: Questioning suspects who are not under arrest in police
Reasonable Suspicion is a standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches. For example, a reasonable suspicion justifies a stop and frisk, but not a full search. A reasonable su...
However, with every rule there also exceptions like: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins. Miranda Vs Arizona was a United States Supreme Court case in 1966. The court “ruled that a criminal suspect must make a knowing, intelligent, and voluntary decision to waive certain constitutional rights prior to questioning” (Ortmeier, 2005, 285). This ruling meant that suspects must be aware of their right to remain silent and that if they choose to speak to the police, the conversation can be used against them in a court of law. If they do decide to speak under police it must not be under false promises and or coercion.
They must also give details if an officer believes that the person was of any way a potential suspect or person of interest to an indictable offence where the officer, on reasonable grounds believes that the person was at or near the alleged offence when it occurred (Crimes Act section 563). If police officers come across anything of an illegal nature during the use of their powers which is not what they originally, set out to find. The person maybe immediately placed under arrest. Under Crimes Act section 352, (a,b) which states that any constable or other person may arrest without a warrant if the person has violated a law whether the offence be indictable or summary in nature. The police officer then may take him and any property found on him before a authorized justice to be dealt with according to the law.
Elsen, Sheldon, and Arthur Rosett. “Protections for the Suspect under Miranda v. Arizona.” Columbia Law Review 67.4 (1967): 645-670. Web. 10 January 2014.
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures. In this paper, the author intends to explore many aspects of the Miranda Warnings including; definition, history, importance to society, constitutional issues, and pro’s and con’s of having the Miranda Warnings incorporated into standard police procedures.
If the suspect requests an attorney, questioning may not begin until the attorney had arrived and the suspect has had an opportunity to consult with him.
The first appearance of the notion of silence or lack of silence occurs at the first presence of the criminal justice system: the initial meeting with a police officer. During the War on Drugs, it became common for police officers to stop and frisk people, including those without suspicious behavior, in search of drug violations. Although, not against the law, the majority of people do not know that they have the option of declining such a search and refuse to answer any questions. Professor Tracey Maclin conducted a study regarding this phenomenon concluding, “the overwhelming majority of people who are confronted by police and asked questions respond, and when asked to be searched, they comply. This is the case even among those… who have every reason to resist these tactics because they actually have something to hide” (Alexander 66). Therefore, the finding suggests that only a few people do not fear a supposed consequence of not abiding by a police officer’s request. Hence, people remain silent and do n...
As a result of the Miranda case, all persons detained by the police should be informed of four things before being questioned:
As Canadians, a portion of our rights that are read to us upon arrest are as follows: "It is my duty to inform you that you have the right to retain and instruct counsel in private without delay, You may call any lawyer you want.....You have the right to a reasonable opportunity to contact counsel. I am not obligated to take a statement from you or ask you to participate in any process which could provide incriminating evidence until you are certain about whether you want to exercise this right (Griffiths, 2011)
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you can not afford an attorney one will be appointed to you” This may be differ from state to state as long as the concept is conveyed they was read their rights. Miranda Rights is mandatory across the United States due to the Miranda v. Arizona. In the following will explain what the 3 branches Judicial, Executive, and the Legislative have done to enforce this law or to change it, as well as the effect on the people.
I observed the officer claim that when he questions the defendant, he felt as if he was off. The victim gives a full detail report to the officer, describing what the person looked like and everything. One of the officers had taken his picture, and sent one to the transit police, to see if it was the same person they were looking for. In the meantime, the woman officer was interrogating him about where he has been and of prescription medication that was discovered in his bag. However, the defendant lied about why his taking the medicine. I observed that the police mentioned the defendant was very yielding and being extremely corporative. The officer mentioned that he took him to the hospital for psych assessment being that he was acting odd, so they kept him because of strange behavior. I observed the officer mention that from there, they got a report that the defendant was the same person they were looking at in the pictures. It was at the hospital that they arrested the defendant.
In this paper I am going to be discussing the Miranda rights. What they mean to you, what they entitle you to, and how they came to be used in law enforcement today. I am discussing this topic because, one it is useful to me as a police officer, two they can be very difficult to understand, and three if they are not read properly to you when you are placed under an arrest it could actually get you off. I will start off by discussing the history and some details of the Miranda case.
were not previously seen, such as hostile or mistrustful attitude towards the world, social withdrawal, feelings of emptiness or hopelessness, a chronic feeling of threat, and estrangement.” Although psychological issues develop in anyone incarcerated, those discussed are particular from the perspective of a victim wrongfully accused. From the moment an innocent individual enters the criminal justice system, they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov, 2004). However, this is just the beginning.
In keeping within current legislation on the protection and respect of an individuals’ right of anonymity, (Clamp, Gough and Land 2004; Polit and Beck 2007), and to confidentiality, (Burns and G...