NCJ Number
79726
Journal
Canadian Police College Journal Volume: 5 Issue: 2 Dated: (1981) Pages: 64-80
Date Published
1981
Length
17 pages
Annotation
This paper summarizes the findings of a 1980 survey of American police legal advisors conducted to determine their role and their impact on the criminal justice system; it compares these results with a 1975 study, and then discusses the implications for the Canadian criminal justice system.
Abstract
The police legal advisor is a lawyer who functions as a member of the police team, providing advice on all legal matters, drafting legal documents required by the police, and acting as a liaison with prosecutorial and judicial agencies. The International Association of Chiefs of Police first surveyed some 110 legal advisors concerning their functions in 1975, and in 1980 a similar survey was conducted for the Attorney General of the Province of British Columbia. Questionnaires completed by 143 of the 250 legal advisors contacted showed that 31.2 percent had been in their jobs for 6 to 10 years, compared to 3.6 percent in the 1975 study. Responses to questions concerning the unit's length of existence and staff experience indicated that the programs were well established and retained experienced personnel. Other areas examined included the advantages of being a sworn police officer, number of officers served, size of district, court appearances, internal discipline, fieldwork, bar membership, and resistance to the concept. Analysis of the 1980 data on job functions suggested a wide range of occupational activities with an emphasis on training, administrative, and advisory roles. In contrast, the 1975 survey revealed a concentration on investigative matters. Approximately 66 percent of all respondents felt that the legal advisor should have a grounding in police work, and 79 percent stated that the advisor should be employed by the police department rather than assigned by another agency. A discussion of the potential benefits of a police legal advisor for Canada concludes that this position enhances police professionalism and improves communication between the police and other agencies. The police legal advisor could reduce the number of police and civilian witnesses attending court unnecessarily by reviewing the preparation of court documents and alleviate the burden of the Crown Counsel which now provides legal advice to police officers. References are included.