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Preventing and responding to crime

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The police are not your friends. That's not to say you must avoid them - be alert and use care. They might very well be trying to help. On the other hand, everything you say can and will be used against you. Even things you didn't say. I speak from experience as a victim.

the Accused

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Calls for service

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Anatomy of an emergency call

Police, fire, or ambulance? - What's the nature of your emergency? - Police. What's your emergency?

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Non-emergency calls to police services

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Neighbour trouble

Should you ever determine that a police service or responding officer is classifying your experience as "Neighbour trouble", take a step back and think. Try to view the event or situation as a neutral third party might. The classification is police speak for "the children are fighting in the sandbox." Do you have sand in your pants?

No sand? It will be an uphill battle.

Investigations

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A matter of degree and discretion

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Major crimes

Ontario Major Case Management Manual

Interrogation techniques

Police investigate crime and gather evidence. When they ask questions, in an interrogation room or at your door, they are collecting statements and judging you.

"The right to choose whether to speak is retained throughout the interaction." Thus, the right remains even when the accused agrees to answer some questions but not others.

"Post-offence conduct" must provide some circumstantial evidence of guilt. The law does not impose any duty to speak and so any refusal to do so cannot imply guilt.

R. v. Turcotte, [2005] 2 S.C.R. 519

The PEACE model

The Reid technique's nine steps of interrogation are:

Step 1

Direct Confrontation. Lead the suspect to understand that the evidence has led the police to the individual as a suspect. Offer the person an early opportunity to explain why the offense took place.

Step 2

Try to shift the blame away from the suspect to some other person or set of circumstances that prompted the suspect to commit the crime. That is, develop themes containing reasons that will justify or excuse the crime. Themes may be developed or changed to find one to which the accused is most responsive.

Step 3

Try to discourage the suspect from denying his guilt. Reid training video: "If you've let him talk and say the words "I didn't do it"[...]the more difficult it is to get a confession."

Step 4

At this point, the accused will often give a reason why he or she did not or could not commit the crime. Try to use this to move towards the confession.

Step 5

Reinforce sincerity to ensure that the suspect is receptive.

Step 6

The suspect will become quieter and listen. Move the theme discussion towards offering alternatives. If the suspect cries at this point, infer guilt.

Step 7

Pose the "alternative question", giving two choices for what happened; one more socially acceptable than the other. The suspect is expected to choose the easier option but whichever alternative the suspect chooses, guilt is admitted. There is always a third option which is to maintain that they did not commit the crime.

Step 8

Lead the suspect to repeat the admission of guilt in front of witnesses and develop corroborating information to establish the validity of the confession.

Step 9

Document the suspect's admission or confession and have him or her prepare a recorded statement (audio, video or written).

In Canada, a Provincial Court Judge ruled in 2012 that "stripped to its bare essentials, the Reid Technique is a guilt-presumptive, confrontational, psychologically manipulative procedure whose purpose is to extract a confession." The for-profit business that created the psychological technique disagrees, instead placing blame on individual practitioners.

Wicklander-Zulawski

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Competency evaluation