Class Notes (837,435)
Canada (510,273)
Law (1,967)
LAWS 2301 (138)
Lecture 10

lecture 10 notes.pdf

5 Pages
85 Views
Unlock Document

Department
Law
Course
LAWS 2301
Professor
Ronald Saunders
Semester
Fall

Description
Criminal Justice System November 11, 2011 Class 9 • Police: • Accountability • Prosecutors: • Powers and duties; realties of work • Accountability mechanisms; Romeo • Pick up midterm Loeb 299 Jane Doe Case (text pg 198) • Police negligence- suing police • Jane Doe- sued police; she was a victim of sexual assault. There was a serial rapist and police didn’t warn public; she fit profile • Doe had been attacked by rapist and sued police: argued knew identifiable class of victims and should have warned them • Damages on 2 grounds: negligence for not warning/protecting, and s.7/s.15 rights violated • Police argued didn’t want to warn as offender would relocate and continue to offend • Court: police didn’t warn as thought women would panic and harm investigation (other investigators in similar case had warned) • Duty was there to warn, and so negligent.Also duty to prevent crime on part of police • CCRF rights also violated: deprived of right to security against attack and to equality re stereotypical views of women/rape myths • Police know best how to run a crime investigation, courts do not. Police should be able to run investigation their way • Took her 12 years to win the right to sue- every action was fought by police Community Policing Types • Meant to make people more accountable • Different way of policing • Many different types: • Community-based policing • Least changes on part of police • Public as volunteers • Little change re mandate/work • Problem-oriented policing • Public involved in problem solving • Shift to proactive responses • More organization that community-based • More trying to find problem • Community policing • Partnership with community • Wider social responses etc • Wider response and input from community Role of Citizen • Citizen as complainant • Citizen as advisor/participant • Citizen as partner Review Boards – History • Backdrop of professional model of policing, and therefore: • Autonomous agencies = professions’model of self-policing (control own affairs) • Responsibility to the law • Accountability = focus on individual, not on agency • Review boards- short history in NorthAmerica, since 1960s • Not a great deal of public interest • Usually put in wider context of crime control and needs of police • Taser incident in Vancouver • Highlighted issue of review • Many cases involving police incidents and wrongful convictions that caused review into conduct of police • Police say- job is hard; split second decisions etc. Public still need accountability from police • Civilian oversight- there to ensure consistent accountability to public • Calls for review usually arose in context of confrontations with minority groups • Main debates around bringing individual officer(s) to account/justice • Became debates around wresting some control of legalistic accountability mechanisms from police chief and vesting to some degree n community • Framed in negative terms: focus on misconduct of individual and raised criminal justice model: justification of process of civilian complaints • Diverted attention from wider notions of accountability 1991-1997 Office of the Police Complaints Commissioner: power to: • Monitor the handling of complaints by the police • Perform initial investigation in unusual circumstances • Models of oversight- police make decisions; oversee- make sure all rights were protected etc • When required a hearing, refer cases to a civilian adjudicative tribunals with direct disciplinary power • Perform a preventive function, making recommendations to the chief of police, the board of commissioners of police, theAttorney General
More Less

Related notes for LAWS 2301

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit