SOC 3730 Lecture Notes - Lecture 5: Cultural Determinism, Miranda Warning, Formal System
6 Apr 2018
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Police have to notify someone of their right to instruct council and the right to remain silent. It is my duty to inform you that you have the ability to obtain counsel before we proceed do you understand. Caution: they tell you your charge and ask you if you have anything to say; you have the right to say nothing as anything you say can be used against you. Counsel: if police a(cid:396)e just asking you (cid:395)uestions you don"t ha(cid:448)e to ha(cid:448)e a la(cid:449)ye(cid:396) 2010: 4/5 scc decision: we do not have the right to a lawyer during interrogation by police: shows a crime control model, you can consult a lawyer through a phone call, gives police a lot of power. Conditions: only once you have been arrested do you have a right to a lawyer, you can not ask for a lawyer a second time. Innocuous questions: questions that are not related to the crime (what is your address)
