EFFECTIVE RIGHT TO COUNSEL IN ONTARIO CRIMINAL CASES

• NCJ Number: 28111
• Author(s): ANON
• Date Published: 1972
• Length: 17 pages
• Corporate Author: Canadian Civil Liberties Assoc
• Sale Source: National Institute of Justice/
• Language: English
• Country: Canada

Annotation

A STUDY OF 162 FELONY OR MISDEMEANOR ARRESTEES WITH REGARD TO THE PROVISION OF LEGAL COUNSEL, THEIR USE OF THE TELEPHONE DURING DETENTION, AND THE PRACTICE OF POLICE STATION-HOUSE INTERROGATIONS.

Abstract

ONLY ELEVEN PERCENT OF THE ARRESTEES CONSULTED COUNSEL DURING PRE-TRIAL CONFINEMENT. DESPITE THE FACT THAT 65 OF THEM REQUESTED TO USE THE PHONE (21 PERCENT WERE NOT ALLOWED TO DO SO), NOT ONE OF THE ARRESTEES HAD THE BENEFIT OF LEGAL COUNSEL PRIOR TO AN INTERROGATION BY THE POLICE. CONSIDERING THAT NEARLY THREE-FOURTHS OF THOSE QUESTIONED MADE STATEMENTS CONCERNING THEIR INVOLVEMENT IN THE OFFENSE WITH WHICH THEY WERE CHARGED, THE AUTHORS FEEL THAT THE PROBLEM IS OF PROPORTIONS SERIOUS ENOUGH TO MERIT THE ISSUANCE OF SPECIAL PROCEDURAL GUIDELINES FOR THE POLICE.