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Lecture 10

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LAWS 2301
Ronald Saunders

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
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