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Record W1739319035

When the Swedish police ring the doorbell, are their Canadian colleagues in the hallway? - A study of Swedish and Canadian search and seizure law

2006· article· en· W1739319035 on OpenAlexaboutno aff
Emma Broddesson

Bibliographic record

VenueLund University Publications Student Papers (Lund University) · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicEuropean Criminal Justice and Data Protection
Canadian institutionsnot available
Fundersnot available
KeywordsLawPolitical scienceIncentiveOrder (exchange)PsychologySociologyBusiness
DOInot available

Abstract

fetched live from OpenAlex

This thesis aims at presenting the differences and similarities between the Swedish and Canadian legal system, by means of search and seizure regulations. In doing this I hope to provide the readers, whether it is a Swede or a Canadian, with a perspective on their own legal system. In the limited time and space offered for the completion of this thesis, I had to choose one specific area of law to research. The focus is on the regulations regarding searches of homes and the consequences of unlawful searches. In order to help the reader understand the differences and similarities it has been necessary to include an overview of the two legal systems. The title of my thesis acquired its name because of the common misconception that Canadian police are identical to their American colleagues regarding their view on crime prevention. There are many cases of the Canadian police making mistakes we may not see in Sweden, but on the other hand, there is an incentive in Canada to look for the mistakes the police make because of the possible exclusion of evidence. The biggest difference is the Swedish and Canadian view on what should be the consequences of unlawful searches. In Sweden, citizens who have been treated unfairly or wrongly by the public authorities can complain to the Parliamentary Ombudsmen, JO. Every year JO receives about 6 000 complaints and reviewing the complaints is the main task of each of the JO. JO only reviews the manner in which decisions and judgements are made and JO cannot change a decision or judgement. In the majority of cases, an inquiry ends with criticism from JO and even though it is not binding to the public authorities, in most cases it will have an effect, such as improved staff training or a change of procedures. A public authority employee can be charged with misuse of office. Every year JO charge one or two employees with misuse of office. Swedish citizens can also sue for damages under tort law. However, there are no specific remedies available to the accused not to have the unlawfully obtained evidence excluded at the trial. In Canada, the question of unlawful or unreasonable searches is an area of law that has undergone big changes since the enactment of the Canadian Charter of Rights and Freedoms. The Charter provided the courts with a possibility to exclude evidence if it had been obtained in violation of the Charter. It is not sufficient that evidence has been found due to an unreasonable search, there are a number of tests to pass in order to exclude evidence at the trial. If an exclusion of evidence would bring the administration of justice in disrepute, the evidence should not be excluded. The more serious the violation is, the greater the risk of the evidence being excluded at trial.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.875
Threshold uncertainty score0.997

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0040.001
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.024
GPT teacher head0.238
Teacher spread0.214 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2006
Admission routes1
Has abstractyes

Explore more

Same venueLund University Publications Student Papers (Lund University)Same topicEuropean Criminal Justice and Data ProtectionFrench-language works237,207