BRINGING THE ACCUSED TO TRIAL

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					    LAW 12
    STASSINOPOULOS



BRINGING THE ACCUSED TO
         TRIAL
                      ARREST
   POLICE HAVE 3
    OPTIONS TO
    APPREHEND AND
    CHARGE A
    SUSPECT
        APPEARANCE
        NOTICE
       ARREST
       WARRANT FOR
        ARREST
APPEARANCE NOTICE
            DOCUMENT ISSUED
             FOR LESS SERIOUS
             OFFENCES BY POLICE
                INDICATES
                     THE OFFENCE
                     THE TIME & PLACE OF
                      THE COURT
                      APPEARANCE
        WARRANT FOR ARREST

   OFFICER MUST
    DEMONSTRATE THAT
    ACCUSED WILL NOT
    APPEAR IN COURT
    VOLUNTARILY
       SO A WARRANT FOR
       THEIR ARREST CAN
       BE ISSUED
ARREST BY CITIZENS
            CITIZENS MUST
             KNOW
                IF AN OFFENCE HAS
                 BEEN COMMITTED
                IF A PERSON IS
                 BEING CHASED
                 WHETHER THE PEACE
                 OFFICER HAS A LEGAL
                 AUTHORITY TO
                 ARREST
    DUTIES OF POLICE OFFICERS
   3 TYPES OF POLICE
      FEDERAL

      PROVINCIAL

      MUNICIPAL

   POLICE CONDUCT
      THEY ARE RESPONSIBLE
       FOR THE WAY THEY ACT
       AND THEY MUST KEEP AN
       ACCURATE LOG AT A
       CRIME SCENE
ARREST
     FOR MORE SERIOUS
      OFFENCES THE OFFICER
      CAN ARREST THE
      SUSPECT; BY
         IDENTIFYING THEMSELVES
         TELL ACCUSED THEY ARE
          UNDER ARREST
         INFORM THEM OF THE CHARGE
         TOUCH THEM TO SIGNIFY
          THAT THEY ARE LEGALLY IN
          CUSTODY
         CITIZENS’ RIGHTS
   RIGHTS ON BEING DETAINED
       ACCUSED MUST BE INFORMED
           OF THE REASON FOR DETENTION
           THEY MAY RETAIN LEGAL COUNSEL
   COOPERATING WITH POLICE
        MANY TIMES INNOCENCE IS SHOWN BY
        VOLUNTEERING INFORMATION
   RIGHTS ON BEING
    ARRESTED
       REASON FOR ARREST
       GETTING FREE COUNCIL
        AND LEGAL AID
       REFUSE TO ANSWER
        QUESTIONS
       HAVE ACCESS TO A
        TELEPHONE
   POLICE RIGHTS
       SEARCH THE ACCUSED
        UPON ARREST
       TAKE THE ACCUSED TO THE
        POLICE STATION
       TAKE FINGERPRINTS AND
        PHOTOGRAPHS
                SEARCH LAWS
   OBTAINING A SEARCH
    WARRANT
       OFFICER MUST
        OUTLINE THE
        GROUNDS TO A JUDGE
   USING A SEARCH
    WARRANT
       USED ONLY ON THE
        DATES & TIMES
        INDICATED
          RELEASE PROCEDURES
   MOST ACCUSED                    ACCUSED HAS A
    PERSONS ARE NOT
    KEPT IN JAIL                     RIGHT TO A SHOW-
       UNLESS THERE ARE             CAUSE HEARING IF
        GROUNDS TO BELIEVE           THEY ARE NOT
        THAT THEY COMMIT MORE
        CRIMES                       RELEASED WHERE
       IF THEY COMMITTED A          THEY MUST SHOW A
        CRIME THAT HAS A
        PENALTY OF MORE THAN         REASON TO BE
        5 YEARS THAN THEY HAVE       RELEASED BEFORE
        TO PAY A BAIL
                                     TRIAL
       AWAITING TRIAL
   THE ACCUSED MUST
    ATTAIN LEGAL AID OR
    A LAWYER
   DISCLOSURE
   COLLECTION OF
    EVIDENCE
   COURT APPEARANCES
   PRELIMINARY
    HEARING
             PLEA BARGAINING
   DISADVANTAGES               ADVANTAGES
       ACCUSED GIVES UP            TOO MANY CASES IN
        RIGHT TO FAIR                COURT
        PUBLIC HEARING IN           JUSTICE IS STILL
        COURT                        SERVED
       IF PLEA BARGAIN IS          SAVES WITNESSES
        REJECTED THAN                FROM
        DEFENSE'S CASE MAY           TRAUMATIZATION
        BE WEAKENED

				
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posted:8/8/2011
language:English
pages:13