Term exam 1 (Ch 1, 2, 3, 4, 11, 12)
Define *obstacles to information sharing*
various departments and agencies gather and record information in ways that best suit their own interests, and do not necessarily share such information
Explain how the media is driven by the profit motive.
"Sensationalism sell" - event or issue itself (how sensational it is) - how issue or event is reported (how does it get amplified/emphasized) - ex) violent crime (inherent sensationalism) -> amplify or exaggerate violence
Victims rights have not been addressed in the Charter. How has the Supreme Court recognized victims and ensured they are protected in the criminal justice process? Supreme Court has recognized the importance of several measures in the Criminal Code to facilitate victim participation in the criminal justice process.. what are these?
"Victims Bill of Rights" - those deemed vulnerable victims and witnesses (ex. children, ppl with developmental disabilities, those who have been sexually assaulted) - not just the courts trying to protect vulnerable persons. Also an issue of ensuring justice is achieved. *Not just about the well being of the victim but the fact that they need to get a complete and accurate testimony from that individual* - ex) *measures taken by courts include children testifying outside the court room or behind a screen so they do not need to face the accused individual.* Ensures accurate/reliable testimony. - *cross examination of sexual assault victims has been restricted* (privacy of victims, prior sexual history of victims is not relevant. This is not automatic. The defence could ask the court to allow evidence of that victims history. Would be up to the individual judge to choose this)
Explain the 2500 office visit from the video "Hold Your Fire"
$800 police $900 for short stay in emerg. - a lot of wasted health reserves - should try and treat them before the crisis.
The police role and functions now include what 6 things?
*Assistance and info* - how the system functions - communication about problems in particular neighborhoods *Criminal investigation* - gathering evidence - physical/statements (victims, witnesses, potential suspects) *Crime prevention* - peel's principles - sometimes through own initiatives - consultation and cooperation with own community *Law enforcement* - small part of what police organizations do - also responsible for criminal law, civil law, regulatory law, municipal bylaws *Maintenance of public order* *Emergency response* - available 24/7 - hostage taking to natural disasters to medical emergencies etc.
In what ways do less formal mechanisms of police oversight and accountability serve as a check on police actions?
*Constabulary ethic* - what keeps officers straight and narrow - end up behaving in ways that correspond to those ethics and values and behave professionally - believe it's the right thing to do *Community feedback* - help shape police policy and action especially if particular police organization respects and values community policing. - implement changes in response to community needs *Media exposure* - talked about the tendency to have symbiotic relationship b/w police and journalists. (media target police for negative stories and exposure. When instances of wrongdoing are uncovered, police may not have a choice but to comply) *Citizen surveillance/citizen journalism* - everyone having a cell phone to record police actoins/inactions and post things on social media *Body-worn video* - police interactions are actually recorded - what happened, whether actions were appropriate or not.
When early policing in Canada was deemed no longer affective, what was introduced as a way of policing central and eastern Canada? What were their specific responsibilities?
*Dominion Police Force (1868)* - Federal laws, protected federal gov't buildings (parliament) - served as body guards for politicians - involved in secret service work - compiling criminal records (finger prints) - parole service (large mandate)
Explain how media - *Exaggerates and distorts* - *Predicts* - *Symbolizes*
*Exaggeration and distortion* - over reporting (ex. use of the plural, inappropriate use of terminology, misuse of statistics, misleading use of headlines) - shot gun approach (find in text) *Prediction* - the worst case is presented as a typical case (appear to be common) - single event gets transformed into something - *Incident -> Instants* (facing crisis situation/epidemic violence/fuels moral panics) *Symbolization* Refers to development of stereotypes
Explain the role of the First Nationals Police Services
*First Nations Policing Policy (1991)* - Allows First Nations communities to negotiate agreements for police services that best meet the needs of the community
The Law Reform Commission has identified four key values that form the framework of policing. What are they?
*Justice* - police must ensure fairness and respect human rights *Equality* - all citizens are entitled to policing services - contributes to feelings of safety and security *Accountability* - police actions are subject to review - not just individual level (individual officers fail to engage in) but also organizational level *Efficiency* - police services must be cost-effective - money tends to trump everything else. Money we are spending should be valued.
Explain *lethal force* vs. *less-lethal force*
*Lethal force* - a rare occurrence - most cases involve individuals who have committed serious criminal offences - "suicide by cop" *Less-lethal force* - is highly *unlikely* to cause death or serious injury to an individual when *properly* applied - controversy: taser
Studies of discretion make drawing overall conclusions rather difficult b/c of methodological issues. List these.
*Limited range of factors explored* - age of officers - level of experience influencing how they choose to act *use of hypothetical situations* - what would you do? - what did you do? - different responses will give diff information *narrow range of offences studied* - do not look at broad enough range of offences - don't really know how things vary across different kinds of offences *lack of generalizability* - what holds for one community or region may not apply elsewhere
Early policing was a community responsibility; however in 1829, amid rising fears of crime and disorder, the first full-time police force was created in London. Who created this and what was the name?
*Metropolitan Police Act* by *Sir Robert Peel*
As Canada expanded to the North West.. what organization was created?
*North West Mounted Police (NWMP) 1873* - bringing law and order to the frontier.
What are the 3 P's of community policing?
*Prevention* - proactively preventing problems from happening in the first place *Problem solving* *Partnership*
The level of force used by police is guided by what 3 principles?
*Proportionality* - proportional to danger and threat with which police are confronted *Necessity* - necessary given the possibility of less serious options *Reasonableness* - is it reasonable given the circumstances
Explain the purpose, priorities, assumption, and policies of Crime Control?
*Purpose* - control of crime *Priorities* - punishment of offenders - deterrence of crime - protection of society - efficient administration of justice *Assumption* - guilty until proven innocent *Policies* - increase the number of police officers and expand their power and authority - enhance prosecutorial powers - increase the number of correctional facilities
Media bias can be seen in terms of what three things? Explain each
*Race* Racial identification - is it appropriate and in what context? - it creates an association b/w race and criminality - racialized victims, if not ignored outright, are often blamed for their victimization *Class* - the structural origins or poverty are ignored and class-based stereotypes are perpetuated *Gender* - in the public consciousness, "Criminal" = male (tends to leave law abiding males unfairly labelled as criminal or as a threat) - media often demonize female offenders particular when they have committed crimes of violence (tend to frame in particular ways... masculinizing through photos and clips) - media often hold female victims responsible (ex. "rape myths")
In 1920, after absorbing the Dominion Police Force, the NWMP became what?
*Royal Canadian Mounted Police (RCMP)* Toronto created their own police force shortly after, Quebec also and Montreal. All based on Peel's approach to policing. - provincial police forces were created in the rural eastern parts of Canada.
What are three factors that influence discretion?
*Situational variables* *Community variables* - officers will sometimes ignore some types of criminal behaviours essentially because that community has been written off as a lost cause *Extralegal factors* -take in race, gender, social class position of subjects that are interacting with
What types of problems were identified in regards to the effectiveness of community policing?
*a tendency for community policing to be an "add-on" program* - (separate from "real" policing) *a disconnect b/w problem solving and community partnership* - one has tended to take precedence over the other - a lot of problem solving but no partnership (this is not community policing) - if you have partnership but no problem solving (this is nothing more than public relations. Also not community policing) - need to connect problem solving w partnership *Failure to tailor specific tactics to specific community needs* - *"Designer policing"*: need to have policing specific to community, their needs as well as their resources *a lack of support at the working level* *Too few resources being devoted to community policing* *Failure to fully integrate community policing into routine police operations* - more redirect than reality
*Civilian oversight*.. through the creation of separate civilian commissions or review boards; such bodies must be:
*entirely civilian led* - had members who are representative of police organizations (problematic) *universal in jurisdiction* - provincial level have the authority to investigate all police in the province including the RCMP. - Review boards do not have the authority to do this. - Investigating RCMp has always been within the RCMP themselves. *given full powers of investigation* - not something they currently have - reality is that police organizations have a lot of discretion with cooperating with review boards and the info they will share with these review boards. - commissions and boards don't have the authority to demand changes or accountability, can make recommendations but it is up to police organizations themselves
Explain the *Constitution Act (1982)*
*includes charter of rights and freedoms* - freedom of religion - freedom of thought - freedom of expression - democratic rights (voting rights, rights to serve in office) - mobility rights (can live wherever we want.. can enter into Canada or leave Canada) - equality rights - legal rights - contains the *fundamental principles that govern the enactment of law and the application of law by the courts* (the federal gov't enacts criminal law [and to amend or change that law or means to strike down a repeal] and the provinces/territories administer justice meaning they operate the criminal court system.. responsible for RCMP - policing and some correctional institutions. *Responsible for incarcerating offenders anything up to and including 2 years less a day*) Constitution is the supreme law of Canada. There is no higher authority in this country.
Where an individual's Charter rights have been violated, judges have considerable discretion in providing remedies including....
- *excluding evidence* --> obtained problematically --> even if its clear police violated a persons charter of rights gathering evidence, it does not automatically mean exclusion of that evidence. --> Issue here asks did the police intentionally violate that right to get the evidence, if so the evidence will be thrown out. --> if it is not an intentional breach of that person's charter of rights than the evidence will more than likely be allowed --> by allowing that evidence it would bring the justice system into disrepute. If not the judges might allow that evidence. *Evidence is reliable if people's rights were not INTENTIONALLY breached* - staying proceedings (happens rarely and only occurs in serious breaches of someone's rights) - reducing sentences (vancouver vs. award - mentioned in text) - ordering the payment of damages - have the right not to be subject to any cruel and unusual treatment or punishment (losing one's freedom is the punishment, not the precursor to more abuse) - right to equality (equal protection and equal benefit of the law without discrimination (race), national or ethnic origin, colour, religion, sex, age or mental or physical disability
Explain how body cams help police in "hold your fire" video?
- 66% reduction in amount of times using force - increase communication skills and will be more willing to talk to the individual
Explain the role of the RCMP
- Canada's federal police (75% of geography policed by RCMP) - provide security services - involved in international peacekeeping - intelligence/national security matters - provide contract policing services to several provinces and communities (60% of RCMP members function as contract police.. rural areas that don't have police services would be served typically by the RCMP -administer the *Canadian Police Information Centre (CPIC)* - distinguishable from other police organizations by: --> centralized training (done at RCMP training academy in Regina. DEPO.. 24 week training program) --> history of non unionization (not permitted to unionize. Ability to unionize is a result of supreme court decision in 2015. Court decided the RCMP does have a right to collective bargaining) --> accountability to RCMP Act (still only accountable for the RCMP. Doesn't matter whether they are functioning on municipal or provincial level.)
Explain the role of the Provincial Police
- Provide policing services to rural areas - Provide contract policing services to municipalities - accountable to provincial police legislation 2 types: -Ontario (OPP..Ontario provincial police) -Quebec (QPP.. Quebec provincial police or the SQ)
List the working personality of the police
- blue light syndrome - blue code - protective cynicism - excessive suspiciousness of ppl and activities - difficulty exercising authority in a manner that balances the rights of citizens with the need to maintain order - tendency to view policing as a way of life - conservative political and moral views
What are the purposes of the justice system?
- control of crime - prevention of crime - maintenance of justice
What do Canadians believe in regards to the criminal justice system?
- crime rates are increasing - crime is more violent than it is - sentences are too lenient - harsher sentences will reduce the crime rate - prison conditions are too liberal - harsher prison conditions will reduce recidivism - offenders are released from prison too early - recidivism rates are high - costs of incarceration are lower than they are while costs of community supervision are higher than they are
What are some characteristics of News Media?
- driven by the profit motive - provide a socially constructed image/message - use questionable sources of authority
Explain the Law (Reform) Commission of Canada (1977)
- guilt, innocence, and any imposed sentence should be determined fairly and in accordance with available evidence - punishment should fit the offence and also the offender - like cases should be treated alike and different cases should be treated differently
What are some explicit benefits of the value of higher education in the professionalization of policing?
- improved academy, field, and patrol performance - reduced absenteeism - fewer formal disciplinary actions; officers w post secondary education are less likely to: use force, abuse their authority.
What are some of the issues seen in regards to tragic outcomes by police on duty?
- lack of training on part of police or recognizing how to respond when someone is in a mental health crisis - faulty training doctrine - officer safety - recruitment and hiring issues were they may not be making the best choices
Explain the *G20 Summit*
- largest mass arrest in Canadian history - people reported serious over-crowding in the detention centres, inappropriate strip search procedures, little access to legal counsel, lack of access to washroom facilities, lack of access to medication and medical care, and various forms of physical force - while most protestors were peaceful, some used *Black Bloc* tactics - despite witnesses, photo and video evidence, police refused to take responsibility or to identify offending officers - many of the arrests were made under a new provincial law enacted just for the Summit (old law been revived for this event. Expanded police authority and power. This law made it easy for police to arrest people for refusing to identify themselves or consent to police searches. People didn't know legally what police could do in this situation.)
Explain the *Statute Law (legislative law)*
- laws are written down in systemic way - codified laws that prohibit (prevent) or mandate (require) certain acts (ex. criminal code) - ex) controlled drugs and substances act (ages b/w 12 and 17.. they are dealt w the youth criminal justice act (federal)) - correctional and conditional release act (federal piece of legislation) - the federal gov't (parliament) enacts criminal law (not the only ones that can enact statues but they have the only authority to enact *CRIMINAL LAW*) provincial and territorial gov't enact *quasi-criminal law (ex. regulatory law)* - ex) traffic safety acts, highway traffic acts, various child and family services acts that allow for state intervention where parents are not looking after their children - technically does not deal with criminal law Municipal gov'ts enact local by-laws - local gov'ts, mayors and council who are responsible for this - ex) smoking bans - typically dealt with by giving people fines Criminal law - not absolute - ex) abortion laws were struck down cause they were deemed unconstitutional
Explain *Common Law (case law)*
- legislation and statutes can't specify everything - when it does codify something theres still a matter of interpretation (this is where common law comes in) - *refers to previously decided cases or precedents (judges have decided in the past* - based on *stare decisis*: "to stand by what has already been decided".. meaning lower courts have to follow the decisions in higher courts (ex. in AB, in provincial courts they have to follow decisions set by other courts in this province such as superior court).. courts of equal rank would have to follow each others decisions - when talking about different jurisdictions what happens in one does not bind the other. (Instead of binding, they would be persuasive) - ex) AB and BC are diff cause of their jurisdictions but are not bonded to one another. But when making decisions, the other can be influenced or persuaded into making decisions within their own jurisdiction.
The Supreme Court has also constitutionalized the principle of *Diminished Moral blameworthiness* for young offenders. What does this mean?
- less culpable for their misdeeds - should not be subject to the same kinds of sanctions that adults are subject to
Explain the term *Brown policing*
- militarized approach
In reality, communication, coordination, and cooperation are hindered by what three things?
- multiple mandates - obstacles to information sharing - diversity and complexity of the system
Explain how the news media provides a socially constructed image/message
- news is edited for public consumption (presented in particular ways, whatever norms exist in society; they are reflected) - media are storytellers (how will they get told?.. feeds back into issue of sensationalism) - there is a political context that is often not made explicit --> getting bigger over time (corporations) --> "fingers in a lot of pies" (interest in a lot of areas of the media) --> you limit perspectives b/c ownership and control of media involves fewer hands --> reporting on same things in same ways --> tend to be conservative (more often, tend to promote crime control - only logical solution to matters of crime and criminal justice) ex. frame crime as individual issue. That offender is the problem.
Explain the components of the justice system?
- police - courts - corrections - community
What are some worries about recruiting seen in North America today ("Hold your fire" video)
- police are too often in a rush to fill positions - not sure if they routinely hire the right people - do not pay attention to cautions from some people
Define community policing
- represents a philosophical, organizational, and operational approach to policing - reflects a return to a community-oriented approach and the foundations laid by Peel - *Decentralized:* can't be determined by some central body and then dictated to everybody else. Need to have own particular approach based on their needs and resources (ex. what works in Edmonton may not work in rural Nova Scotia)
Peel attempted to legitimize the new police force by maintaining the police would do what?
- serve the interests of ALL citizens (needs, interests, and concerns) - include the prevention of crime as part of their mandate - be recruited from the working class - meet high standards for recruitment and training - be chosen from the community (would be chosen from the communities they would actually be expected to serve. They would have a stake in these communities where they would be policing.) - be proactive rather than reactive (Learning and getting into the community. Working with that community to help solve some of those problems. (known as peelers or bobbies)
Explain "blue code/blue wall/blue line"
- strong in-group solidarity and code of silence - indicate a distinction between us and them
Arrests usually require a warrant; when can police arrest without a warrant?
- the suspect is caught in the act or the suspect has committed or is about to commit an indictable act - on reasonable grounds, an officer believes the individual will fail to appear in court or if arrest is "necessary in the public interest"
Name some rights upon being charged?
- to be informed of the specific offence - to be tried within a reasonable time (when a new Supreme Court got tried in July 2016 the court determined that for cases that are being tried in *provincial court (lowest level of tried court) is a limit of 18 months (have to be disposed of in 18 months.. from charge to end of trial)* --> *in superior court and cases tried in provincial court with a limited inquiry the limit is 30 months* - not to be compelled to be a witness - to be presumed innocent until proven guilty (*burden of proof rests with the crown prosecutor*. They need to prove the are guilty beyond a reasonable doubt.) - not to be denied reasonable bail without just cause (*presumption is that people will be granted bail* if they are not released outright to await their trial) - to the benefit of trial by jury where the max punishment for the offence is imprisonment for 5yrs or a more severe punishment (in some cases ppl do not have a choice to be tried by provincial court or superior court.. in other instances they have a choice which is called an "electable" where they can choose which way they would like to be tried) - not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under law (law is looking forward. You cannot as a justice system go around arresting people for behaviour you do not like unless you have a law that prohibits those behaviours where people can be held accountable to it) - if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again (*DOUBLE JEOPARDY*: someone has gone to court and judge has acquitted them. Violation of double jeopardy if people could be tried for that crime again. Becomes an issue b/c they have been already found not guilty, so how can we possibly allow them to be tried again for the same crime. If they set aside that acquittal then the first court appearance would be deemed annulled. - if found guilty of the offence and if the punishment of the offence has been varied b'w the time of commission and the time of sentencing, to the benefit of the lesser punishment
What are a civilian's rights on arrest or detention?
- to be informed promptly of the reasons for arrest or detention - to retain and instruct counsel without delay and to be informed of that right (legal aid is discretionary.. will be informed of legal aid and will be given toll free number for legal counsel. but legal aid is discretionary.. no guarantee it will be paid by the gov't even though someone cannot afford it on their own) - to have the validity of the detention determined by way of *habeas corpus ("You have the body": entitles people held in custody to request an assessment of the validity of that custody so they are lawfully being held.. if the court determines they are not legally held in custody, they are released)* and to be released if the detention is not lawful have the right to remain silent - need to be informed of this right - just b/c someone invokes? their right to silence does not mean police need to stop questioning - it is up to the person who has been arrested or detained to maintain their silence - if you say you want your lawyer, they can't continue questioning until your lawyer is present
Explain *Criminal and civil liability* in police oversight and accountability
-Individual officers can be held criminally and civilly liable - police agencies can also be held civilly liable(ex. women victimized by an offender "the balcony rapist": sued TO police service on argument that police failed to warn her about this offender so she could not take step to protect herself. For fear of alerting him and not being able to catch him, police did not warn women about him)
Explain the *Internal investigations/discipline* of police oversight and accountability
-Whereby police police themselves. (who is going to come forward to complain to the organization of whom the problem actually belongs?) -internal mechanisms are more likely to protect the organization from bad publicity than protect the public from bad cops ("police protect themselves") - the penalty structure is too lenient and is unlikely to lead to meaningful structural change b/c they take a case-by-case approach (looking at individual officers, "bad apple mentality", if you can get rid of bad apples you'll be fine but might actually be the barrel of apples that is the issue)
Explain *Blue light syndrome*
-preoccupation with danger -live for adrenaline filled moments/danger
What factors are shaping the evolution of hybrid forms of community policing for the future?
1) *Public expectation that police should respond to the needs of vulnerable sectors*: - increasingly ppl are turning to police other than those strictly related to crime. - accompanying this change is that gov't are withdrawing certain social services altogether. - even though community policing has been social work: was seen that this was an increasingly important function to be served by police - ppl get older and expect more police - gov'ts withdraw social services 2) *growing pluralism of Canadian society* - police need to be able to reflect this diversity. Need to able to work with this diversity - 2 issues: --> need police representing the community and to be able to work w ppl who are diverse to meet their needs. Not just an issue of representation but service provision. 3) *changing nature of crime* - ex) technology: being used by criminals and police including social media - police need to be on cutting edge in order to keep up - related to this is how crime is becoming *transnational*: involving police from diff jurisdictions. (need to be able to have cooperation/coordination throughout jurisdictional boundaries) 4) *fiscal constraints experienced by all levels of government - policing is largest part of budget. 60% of our criminal justice resources go to policing - b/c it's so expensive it comes under a lot of scrutiny. There are a lot of debates about the kinds of alternatives that might be appropriate for policing. - direction of policing is hard to predict (maybe more privatization of policing taking on more responsibility of public police organizations.. another option is that policing might become more differentiated meaning they will be streamed into diff areas and prepared to serve in those particular areas)
List all 9 of Peel's Principles that organize policing today.
1) Basic mission of the police is to prevent crime and disorder (not so much about law enforcement, but being proactive.. preventing problems from happening in the first place) 2) the ability of the police to perform their duties depends on public approval of their actions 3) police must secure the cooperation of the public in voluntary observance of the law to secure and maintain the respect of the public 4)The degree of public cooperation with police diminishes proportionately to the necessity of the use of force (force should be used as last resort.. want people to willingly do what you need them to do.) 5) Police maintain public favour by constantly demonstrating absolute impartial service, not by catering to public opinion (need to be servants to the law and the community. Not focused on serving their own needs of those who are most powerful within society) 6) Police should use physical force only to the extent necessary to ensure compliance with the law or to restore order only after persuasion, advice, and warnings are insufficient (force should be last resort) 7) Police should maintain a relationship with the public that is based on the fact that the police are the public and the public are the police - public has important roel to play in prevention of crime. Everyone is responsible for the well being of the community. Police are really no different from everyday citizens. 8) Police should direct their actions towards their functions and not appear to usurp the powers of the judiciary - police don't get to judge or punish, they don't get to create or determine the laws. That is left for others. 9) the test of the police efficiency is the absence of crime and disorder - mission of the police is to prevent crime and disorder. When this is working, you know things are being effective
What % of calls in Vancouver are related to mental health issues?
30%
What % of civilian involved deaths relate to those who are in crisis?
40% (around 20,000 interactions w people in crisis)
What are the three ways in which symbolization refers to the development of stereotypes?
A *word* becomes symbolic of a *status* (ex. Hell's angels = criminal) An *object* comes to symbolize the *word* (ex. Harley Davidson = hell's angels) The *object* comes to symbolize the *status* (ex. Harley Davidson = criminal)
Explain the term *Broad blue line* vs. *Thin blue line*
Broad blue line: - Create a partnership b/w the police and community. United together to fight against problems. - police should be working *with* the community not just *in* the community Thin blue line: - police doing things on their own
What is an important change we need to see involving the 21 foot rule?
Change the paradigm of how the police are taught to deal with edged weapons in order to begin seeing change in the amount of deadly force that occurs
Explain the *Stinchcombe Rule (1991)*
Defendants in a criminal trial are entitled to "disclosure" of the case against them - crown prosecutors must disclose the details of the case, including the charges and the evidence, to the defence (but not absolute: unless a piece of evidence is direct to the case, the crown does not have to disclose ex. private info about witnesses) - the defence has no similar obligation
True or false: The public tends to prioritize punishment over prevention.
False. The public tends to prioritize *prevention* over *punishment*
Explain the term *suicide by cop*
Fear from the victim provokes police to kill him/her. - often talking about people with serious mental health issues or substance abuse issues
Who primarily handled early policing in Canada?
Handled by military attachments until individual communities began to identify people who agreed to serve as watchmen - as population grew, this was no longer effective
Who developed Crime Control and Due Process? What two books did that person write?
Herbert L. Packer "Two Models of the Criminal Process" (1964) "The Limits of the Criminal Sanction" (1968)
What is Peel's idea of "Consent policing"?
How the powers of the police come from the common consent of the people. As opposed to the power of the state.
Explain the EPS's *Neighbourhood Foot Patrol Project (1991)* and what it revealed?
Idea being police on foot patrol would be out interacting and getting to know the community/being accessible to the community - significantly reduced number of repeat calls for service - improved user satisfaction (residents were happier with police being in these neighbourhoods) - improved constables job satisfaction - increased constables' knowledge of the neighbourhoods and their problems
Models are "ideal types".. explain what this means
Idealized versions of how the system should or could function not necessarily how it actually functions - reflect very diff values and philosophies - neither model should dominate: should balance each other out
What is the different between police in the UK vs. North America?
In the UK police train for de-escalation - often times fire arms are not even taken to incidents without formal consent from a commander in the police force - *power of information coupled with fixed focus and de-escalation*
How does news media use questionable sources of authority
Journalists often rely on gov't officials and the police for information - symbiotic relationship b/w police and journal outlets (mutually benefited) - journalists want insider info from police (use to investigate issues, news media do not have resources to throughly investigate issues.. often rushing info & relying predominantly on police or other gov't agencies creating bias in reports) There use of expert commentary provides credibility but absolves media responsibility while also reinforcing a particular ideological position
Explain the role of Municipal/Regional Police Services
Many municipalities have their own independent policing services (ex. EPS) and, in some cases, join to form regional services (ex. Peel Regional Police) - diff police services form to merge regional services - PEEL regional police (responsible for huge area west of Toronto) - those who advocate for regional policing say it's more cost affective/more efficient. - cost affective but lose relationships with community.
Explain the 21 foot rule in "Hold Your Fire"
Need to be at least 21 feet away from threat - ensures police can discharge their weapon if at risk
When does detention occur?
Once there is a link b/w the person stopped and a recent or ongoing criminal offence. - under ancillary powers doctrine (based on common law), police have the right to detain, question, and search a suspect for investigative purposes before making an arrest.
The public tends to have higher levels of confidence in what components of the system?
Ones which they have greater familiarity/exposure as well as those components most closely aligned with crime control - ex) policing (because it's the most visible)
Explain *Distorted perceptions* in media exposure
People believe that crime is more prevalent than statistics indicate (particularly violent crime) - *Media images vs. personal experience* --> satisfied with personal safety. Why do we have so much support for tough on crime policies? (impact of media can alter attitudes and beliefs) --> ppl think justice system is too lenient --> assume roles of recidivism are higher than they actually are People underestimate the severity of punishment given to offenders People underestimate the success of rehabilitative efforts.
Explain the *Unrealistic expectations* of media exposure
People come to accept a "vocabulary of force" (ex. "the war on crime") with the police and the courts as a solution - police cannot be held responsible for solving the issue of crime, neither can the courts People develop an individualistic orientation to crime and criminals
Explain *legislative and police changes* of consequences of media exposure
People come to support the "tough on crime" agenda by supporting stricter laws and longer sentences as well as inappropriate police/legislation (ex. the sex offender registry.. Holly Jones murder (case used for all of support for registry)
Police are more or less highly ranked than the courts? What about the courts vs. corrections?
Police are more highly rated than the courts which are more highly rated than corrections - empathize with police - less support for corrections (parole system especially.. people get frustrated that offenders are only serving a fraction of their sentence before reeking havoc again)
Explain the policing jurisdictions in Canada
Policing in Canada is multi-jurisdictional: -RCMP -Provincial police -First Nations Police Services -Municipal/Regional Police Services
Explain the *National Use of Force Framework (NUFF)* model.
Process by which an officer assesses, plans, and responds to a given situation. Focuses on the dynamic nature of a police situation Requires officers to consider (need to assess, plan, and respond to): - *the situation* - *subjects behavior* - *officer's perceptions and tactical considerations* *On slide 3 there is a graph of this model*
What is the purpose of *Due Process*? priorities? Assumption? Policies?
Purpose: - protection of the rights of the accused Priorities: - prevention of abuse of power by the state - assurance of the integrity and fairness of the justice system Assumption: - innocent until proven guilty Policies: - monitor and control police authority and power - ensure an independent and impartial judicial process - ensure a proportional and justifiable punishment
Explain *Black Bloc* tactics used during the G20 Summit
Setting fire to police cars, vandalizing commercial properties, their appearance and deliberate tactic of infiltrating legal protests made it challenging for police (therefore police responded the same way to everything using violence: tear gas, rubber bullets, controversial practice of settling people...[forcing them into concentrated mass to control them])
Explain *Discretion* in the profession of policing
The exercise of choice, by law enforcement agents, in the disposition of suspects, in the carrying out of official duties, and the application of sanctions - police have low visibility discretion (they decide how they will respond) - police discretion is also an inversion of the decision making seen in most organizations (authority to make decisions that fundamentally affect peoples rights and freedoms and lives. That ability to make these kinds of decisions are frontline officers. These officers are usually lowest in rank and low in experience.)
What is meant by the term "Broken Windows"? Who coined this term? What is a consequence of "broken windows? In what ways did police have to change their approach to policing?
The modern community policing era can be traced to "broken windows" By Wilson and Telling - "broken windows" resurrected community policing which had basically died away. - suggest "broken windows model": when you have neighbourhood disorder (characterized by graffiti, vandalism, slum housing, broken windows) what happens is that it sends out crime promoting signals (ex. open invitation to criminals, clear message that no one cares, this is a good place to do there thing, community is ripe for the picking) - that neighbourhood disorder send out crime promoting signals - that police cannot combat crime by themselves - the importance of community involvement/support - the police role must change in order to facilitate this involvement (radical idea at the time.. police saw themselves as law enforcers, crime fighters etc) Consequence: community residents get fearful and withdraw. do not take as much pride in their community. Not much connection w members in their communities. Police were working in isolation but also in opposition to those communities (diff kind of relationship and now the police were being called upon to develop diff relationship with the community: *being a partner rather than an enforcer*)
When do police have the right for search or seizure? When are search warrants not required?
Where people have a *reasonable* expectation of privacy, police are required to obtain a warrant (ex. house, car, computes/cell phones) *Search warrants are not required when:* - consent is given or it is an emergency situation (- emergency situation (ex. someone calls 911 and the person hangs up (can enter premises to ensure that everyone is okay in that area) - while making an arrest, an officer is searching for purposes of self-protection or to prevent the destruction of evidence (when police are making an arrest, they can search that person or their belongings for self protection to make sure they don't have a weapon. Or they can search to prevent the destruction of evidence.) - another option that is available to police is *DETENTION*, if police detain someone they are much more limited in what they can search. In a case of a detention they can only search to see if that person has a weapon (self protection of themselves or others) - an officer is legally in a position to see something (*doctrine of plain view:* - if officers are legally in a position to see something - ex) stop a driver cause they are speeding and they see an open bottle of liquor in the back seat or a weapon they can seize that vehicle. They do not need a warrant for this.) Manner of search has to be reasonable: - no body cavity search - can't tear apart someone's home
Who would be on the receiving end of harsher police sanctions due to discretion?
Works against males, the poor, and minority groups
Define *diversity and complexity of the system*
crime involves behaviours of considerable variability which requires variability in the response to it; new information is continually being published, laws change, precedents are set and priorities shift making it difficult to keep abreast of new developments in criminal justice
The concept of "system" implies that various parts of this system should function in what way?
harmoniously in the pursuit of a common goal
Define *multiple mandates*
police, the courts, and corrections are interdependent and operate within the same framework of criminal law bu they often have different mandates and/or goals
Canadians appear to be more positive or negative about their justice system? How do they rate the justice system compared to other institutions?
positive rate justice system less favourably than most other institutions
