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LAWS 2301 (138)

Desiree Hayward

4 Pages

Course Code
LAWS 2301
Saunders- Carleton University

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November 12 2012h CRIM2301A Lecture 9: Police and Prosecutors *Note: Rest of readings posted Essay on Final Exam: Plea-Bargaining Jane Doe text p. 198 Suing the Police  Traditionally, Police were sued for false arrest, assault  Jane Doe sues for negligence in their job and sues under Charter for equality rights, rights to security of person  This opens up new avenue for suing the police FACTS: Jane Doe attacked by rapist and sued police saying police should have warned her as part of the “identifiable class of women” - Police argued they could not warn women or the offendor would have relocated RATIO: Courts side with Doe: Duty was there to warn, and therefore they were negligent - Police also have duty to prevent crime - Court says she was deprived of her s. 7 rights to security of person by the police - Police also sought to reinforce stereotypes/ gender inequalities Susan Nelles Case: Wrongful conviction case—Charged with several murders in hospital that she was on duty for Reform Policing: Front-end accountability: Better decision making  Get better hiring, decisions  Reforming your job; involve more people in society leads to better input in decision making Community Policing Types Different levels of accountability -Community Based policing -- Public as volunteers --Not much change in policing business - Problem oriented policing --Public involved in problem solving; pro-active role -- Identify problems to solve before issue arises -Community Policing -- Idea of full partnership between the police and public Argument: Higher levels of community input= more police accountability Role of the citizen (text) - Citizen as the complaontant; traditionally citizen was victim, reactive role - Citizens as advisor or participants - Citizens as partners Civilian oversight: Review boards (history) Who is responsible for the investigation? Mitchell- 30, 40’s police as professionals  Backdrop of professional models and therefore;  Autonomous agencies= profession’s model of self-policing (control own affairs)  Responsibility to the law= Police say were a body of the law, we know how to deal with it  Accountability= Begin to focus on individual not on the agency, “bad apple” approach  Review boards- Short history in North America (US-60’S) (Can- 80’s)  There was not a great deal of public interest—this has changed  Usually put in wider context of crime control and needs of police; Ppl complain about police, police argue complaints must be put in a wider context  Calls for review usually arose in a context of confrontation with minority communities- Led to focus of police as being “racially motivated” Model for accountability became adversarial; You’ve been accused of wrongful behavior? You’ll fight! Main debates; Bring individual officers to court - Informed debates around wrestling some control of legalistic accountability, mechanisms for police chief & vesting to some degree in community - Framed in negative terms; focus on misconduct of individual 1991-1997 Office of the Police Complaints Commissioner Power - Initially put in place in Toronto - Greatly resisted by police - Became province wide - Power to monitor the handling of complaints of the police - Performed initial investigation in unusual circumstances - Power to reinvestigate and review findings when complaintant was dissatisfied - Could refer hearings to civilian adjudicative tribunal with direct disciplinary power  Possessed a whole scheme of internal discipline Argument: This body undermines
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