Lesson: 30

Topic: Rights Upon Arrest

Objectives:

During this lesson, students will examine modern procedures and conditions of investigation, arrest, and detention. In particular, students will come to understand the limits on the state's powers during arrest, and the rights provided to the accused.

In addition, students will analyze the following steps of our present-day Canadian arrest procedures:

• When a suspect is arrested, the following will take place:
  • The officers will identify themselves as police officers.
  • The suspect will be told that he is under arrest.
  • The suspect will be advised of the reason for the arrest.
  • The officer will take physical control of the suspect. This may be as simple as the officer placing a hand on the suspect’s shoulder.
• The officer will “mirandize” the suspect by stating:
  • You have the right to retain and instruct counsel without delay.
  • You have the right to telephone any lawyer you wish.
  • You have the right to free advice from a Legal Aid lawyer.
• If one is charged with an offence then accused person may apply to the Ontario Legal Aid Plan for legal assistance.
• The suspect will be asked if he understands his rights.
• The suspect will be asked if he wishes to call a lawyer.
• The suspect will be searched and should expect to be handcuffed to the rear, for public and officer safety, before being placed in a police vehicle.

Method of Instruction and Evaluation:

In groups, students will examine a mock scenario of a crime and an arrest. Students will then answer the following questions about the incident:

1. What offence, if any, has been committed?
2. If the perpetrator did not get any money, has an offence been committed?
3. If you determine an offence has been committed in either 1. or 2. above, what type of offence is this? Quote the section.
4. Can Ara arrest the perpetrator?

Once the groups have answered these questions, they will share their conclusions with the class. The class will then examine the appropriate sections of the Criminal Code to seek clarification on the above questions.

Expectations Addressed:

The "Criminal Law and Procedures" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. By the end of this class, the student will be able to address those specific expectations that have been highlighted below.

• Theories of Crime:

  • analyse the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;

  • explain the relationship between criminal law and morality and what is meant by “criminal conduct”;

  • explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;

  • explain the purpose of criminal law;

  • compare summary, hybrid, and indictable offences as they relate to criminal law.

• The Criminal Trial Process:

  • explain the processes of police investigation, arrest, search, and interrogation of suspects;

  • explain pre-trial procedures, including plea bargaining and release procedures;

  • identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);

  • outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);

  • evaluate the different types and purposes of sentences imposed in criminal law.

• Concepts of Justice:

  • explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);

  • analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);

  • analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).

Resources:

Text Reference:
• Chapter #10, pages 297-306 (required reading)

Handouts/Exercises:
• none

Relevant web sites:

• Video Commentary Regarding Inquisitional Methods of Adjudication