Is an American Miranda and a Canadian Caution the same thing....
I arrest you for.... It is my duty to inform you to retain and instruct counsel without....
OPP vs RCMP
- Thread starter hermite
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Is an American Miranda and a Canadian Caution the same thing....
I arrest you for.... It is my duty to inform you to retain and instruct counsel without....
Sort of, but they came about differently, Miranda is court ruling in a case won by a defendant, (or appellant, I can't remember if it was the result of an appeal, in any case, the accused) of that name. The "caution" was given voluntarily by police years ago, they would often not give it and would use "spontaneous utterances" as evidence in court. The Charter of Rights and Freedoms took care of the voluntary "caution" and mandated police inform those under arrest of their rights. Where we also differ is that in the US, supposedly if you "lawyer up", they have to leave you alone, such is not the case here. "We" can still badger you into a false confession while you wait for counsel. Most non criminals unintentionally convict themselves by yapping too much, even if they are not really guilty (real criminals know the laws, and their rights, and don't do this).
I don't know if you know what I'm saying, maybe you do, but I'll clarify it; most of us don't deal with law enforcement very often, if at all. We are ignorant of our rights because we are rarely put in a positition to have to exercise them. If and when we run off the rails, just because of a brain fart or whatever, we just want to set the record straight and be done with it. We are not criminals and of course if we made a mistake we want to make it right. Since the system is designed for criminals we incriminate ourselves just by trying to set things right. The police are not our friends, they want a conviction, the crown wants a conviction, society wants justice. The honest ones who want to do the right thing often get tossed to the wolves only because they wanted to set things right. The criminals know the system and often get off with less punishment than those who are actually remorseful and least likely to re offend. It sux, but its the nature of the beast.
AFAIK the OPP is a Police Force not a catering outfit.Jail means following rules if you're late for lunch TDB.
Another inconvenience of being arrested-you can't pick and choose who locks you up!
Better to never put oneself in a position where breaking the law is an issue.:roll:
There's always a first time for those "real" criminals too, and they can make the same mistakes that an "innocent" person can make.;-)
I also wonder about the large amount of cash that he was carrying on his person.8O
As for lunch? Wahhhhhh! Too bad for him. Maybe he shouldn't have done something to get arrested for, and gone for a burger instead.:roll:
$500 isn't a large amount of cash anywhere these days.I also wonder about the large amount of cash that he was carrying on his person.
It's large enough. Also, it isn't smart to carry around that much as you may get mugged or lose your wallet.
Shadow, I am not so sure that Bob used the right term. I think "seasoned" or experienced might have been more applicable words than "real" criminals. When those people get picked up by the police they have been read their rights time and again and they do study laws - the ones that help them get off --- each time they spend "time".
I disagree. It is a large amount of cash for anyone to be carrying. I see a large number of people everyday who could be carrying that amount or more but at least 99% of them use debit or credit cards. Some people still use cheques. Carrying large amounts of cash is somewhat dangerous and probably un-necessary. It's a good idea for older people to pay via debit or credit card. That way there is far less chance of some younger person noting the cash in their wallet and then attacking them later.
I've seen people get pulled over by the cadets and their training officers (Why do they train in Cathedral and not North Central?) and CN rail cops haul away some paint huffers that passed out on the line. Under the Constitution and Charter any group can form a police force as long as they uphold the criminal code with other duties as specified in the application. We get Ports Canada cops soon here in Regina. Neat huh?
Oh for sure, but a lot of them learn the ropes while under the Youth Criminal Justice Act where there are no real penalties anyway.
Well, I kind of lumped them into one bunch. By "real" I meant those who posess the mens rea, or criminal mind, they live a life of crime, they know exactly what they're doing, rather than the poor schmuck that had that extra glass of wine at dinner or the one who miscalculated his fuel load and crashed a Piper Navajo onto the streets of Winnipeg killing a bunch of people, (he was convicted of criminal negligence causing death).
The seasoned ones have been caught, but there are also the ones who have either not been caught or have gotten off with a good lawyer after they have been caught.
The DFO already trains there, a buddy of mine just went through that last year. The RCMP and HRM police are hiring these guys too. Funny, my buddy was on his way to Halifax for the interview and got nabbed for speeding :lol:.
Lots of people use cash for things,and carrying $500 shouldn't be considered suspicious.
Jeez, what's this place coming to? Carrying around $500 is a crime, now having your kid run over by a truck is your own fault...
He was offered the job but really likes the DFO, so he's having trouble deciding, I guess they gave him time to make up his mind. I dunno, boarding ships in heavy seas and falling into cargo holds vs. chasing bad guys and writing tickets on dry land for more money, I know were I'd be.