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SOC 1500 (763)
Lecture

Policing, Gender, Race and Penology Community Policing

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Department
Sociology
Course
SOC 1500
Professor
Michelle Dumas
Semester
Fall

Description
SOC*1500 Tuesday, November 20, 2012 Policing, Gender, Race and Penology Community Policing – prior to 1980s: police were law enforcements, authoritative – late 1970s-1980s: move to police service instead of force – opened to more service related job duties – interacting and participating with the public (community policing) – work and operational practice – organizational strategy and philosophy – must work together as equal partners to identify and solve problems in the community: disorder and crime (vagrancy, homelessness, prostitution) – work with community to come up with solutions, improve quality of life – requires department wide commitment – how to deal with the public, service orientated, work with community – establish trust with community, respond to concerns, interact – decentralizing and personality police services – not located in one place based on hierarchy – change personality of police services, less forceful, more service oriented – change “who can become a police officer”, from working class white males, to visible minorities (including women, only 14% of officers in Canada) – problems – concentrated in poor neighbourhoods, more likely to enforce law and over police the lower classes – racial profiling Police Work – proactive: police discover crimes through occupation from being there when the crime is being committed, through patrolling, stop it as it is taking place (drugs, prostitution, illegal gambling) – reactive: react/respond to reports from the public, most work that people do is reactive Five Stages – stage one (initial) – gather initial information, make a decision on whether to investigate, is it worth pursuing? – stage two (identification) – once an officer decides to pursue, through own investigation, identify offender(s) who might be responsible for the crime, suspects go through process to see whether they can be cleared – stage three (disposition) – choose disposition for each apprehended offender (warning, charges) – stage four (report) – fill out extensive report, provide all information based on investigation – stage five (court) – deciding to go to court if a personal pleas guilty, not guilty- is it worth going to court? Police Subculture – tight bond that exists due to the nature of their jobs (stressful, dangerous) – elements (values) – policing: police are the only real crime fighters, respond to and investigate crime, no one else understands police work like other officers – loyalty: to colleagues and other officers is paramount, need loyalty for protection of job – rules: in order to beat crime, the rules must be bent – public: see the pubic as unsupportive, unreasonable, hostile, binary moral order (police vs public), seen as potential suspect/criminal – detective work: preferable to patrol duty (patrol work: for those not smart enough to get out of it) – education has increased for officers (minimum requirement in Ontario is high school diploma, officers recruited usually have college/university degree, university preferred: better communication skills, more professional, cope better, fewer complaints from public, able to be promoted quicker, adaptable to different environments and duties) Police Screening – aka police discretion (to go forward, to investigate whether a crime has occurred) – first contact with public and victims and offenders – role – “police screening” – to decide whether or not to pursue the crime – based on: – crime: homicide, missing persons (less discretion), traffic violations (high discretion, give warning) – age: younger than 25, police are more likely to take it more seriously (whether victim or offender), policed more than any other age group – attitude: the more negative a person is, the more likely the police will go forward with taking formal action. Positive, polite, cooperative- less chance of charges – policies: each department has different policies which they follow Actions – 1. warning: lay charges/give ticket the second time, take home to parents (if under 18) – 2. questions: part of investigation, way to scare you, get more information – 3. report: write before releasing for future references, transmitted and distributed with other officers – 4. extrajudicial sanctions (measures): diversionary programs to keep young people out of court/prison, exclusive to juveniles, set up with program/community service – 5. charges: lay charges, making a formal accusation that you have committed a particular offence – 6. detention: release you on own recognizance (date to appear in court), or hold in detention for further processing (bail hearing) Police Misconduct – attention of media – use of excessive or deadly force – used with the intent to cause bodily injuries/death – until 1995: police allowed to shoot “fleeing felon” (committed a felon (indictable offence)) – misconduct – ethical conduct: typically related to corruption cases, police take evidence from crime scene, take for themselves, plant evidence to make someone appear guilty, accepting gifts (free coffee, food) – NY: work with drug dealers, selling and dealing drugs to make money – racial profiling: become more forefront in criminology over last 20-30 years – stereotyping people based on race/ethnicity – use of force – African American males most likely to be stopped, have excessive use of force used, most likely to be shot by police To Lay a Charge – definition: to make formal accusation of law-breaking against someone – complete an “information” form – take to JOP (Justice of the Peace) – swear an oath that the information provided is accurate, statement made by witness/victim, swear an oath, not typically video recorded, can be used later in court Arrests – not defined in the Criminal Code (no legal way to define) – definition – constraint of freedom by physical coercion or implication of possible coercion – not necessarily going to have charges laid against you, might just be a form of containing you in a particular place – physical force (order someone to freeze, come to department) – warrant: sanctioned by court – with warrant – lay charge against person, go before JOP, swear information is correct – JOP decides if it is in the public interest to arrest this person – if you do not show up in court on scheduled date, judge immediately issues warrant for arrest – without warrant – juvenile exception: can not be arrested without warrant without notifying parent/guardian – a) indictable offence: persona has committed/going to commit a serious offence – b) criminal offence: person found in the commission of a criminal offence – c) arrest warrant: a person subject to outstanding arrest warrant – d) terrorist: if they believe a person is going to engage in terrorist activities Search – prior to 1982, police had more discretion in searching a person, vehicle – intrusion on fundamental rights: exclusive cases, CCRF: Section 8 (4 Amendment) – residence/person: home, where you are – charges can be dropped at court if you were searched without reasonable doing so Dwelling - in a building/receptacle/place – with a warrant – a) offence (commit/suspect) – b) evidence: to suggest that an offence has occurred – c) purpose (without warrant): used for purposes for committing any offence against a person – procedure: warrant can not be produced until charges have been laid – without a warrant: – a) protection and evidence: protect him/herself, protect destruction of evidence – b) weapon: reasonable grounds to believe there is a weapon – c) drugs: open door, sees drugs, believes illegal drugs are present, anything in plain view Search of Person – includes immediate property (bag) – a) protection: for own protection, after making an arrest (looking for weapons) – b) substance: in the search of a place, reasonable guess that the personal has the drugs on them – school officials: may search a student under any circumstance, not restricted by law, if on school property, safety of children in schools more important than individual rights Questioning of Suspects – how people are interrogated – police have every right to lie to get information from suspect – confessions: through interrogation/talking to someone – admissible in court, will be used against you – a) voluntary: can be inadmissible if it is proven that it was not voluntarily given – b) rights and/or freedoms: did not infringe on the rights and freedoms of a person (example: obtaining a lawyer) Do Gender and Race Matter? – changed policing, some laws, the way we view crime and assault – domestic violence – gender – (interpersonal) violence: between couples – domestic violence, any type of violence between spouses, parents, family – views changed: prior to 1980s: treated as private matters (between couple), often left without taking action – feminists pushed to have police take it more seriously (majority of males- take male's side of the matter) – race/ethnicity: First Nation and Inuit experience more violence than non-Aboriginal women (3.5x more likely to suffer from violence) – 25% of Aboriginal people had a spouse abuse them Mandatory Arrest – removes police discretion, required to make a mandatory arrest if they believe someone has engaged in domestic violence (male-male, woman-woman, woman-male) – 1) police behaviour: consistent in a particular region, act in the same way, no longer a private matter, react in the same way no matter the individual – 2) protection: the escalating level of violence – 3) reduction: of incidents directly, indirectly- send the message that it is wrong – 4) discretion: remove discretion, couldn't decide to “just give a warning”, decide on other actions besides arrest – 5) “redistributive function”: police resources become more egalitarian, for all people to protect women and children USA: Empirical Search – reduces domestic violence – city (variation): some decreased, some increased – employment: status of offenders- those employed: decrease, unemployed: increased – short term and long term: reduce violence in the short run (in-term period of being arrested and going to court) – restraining orders: placed on violent offender, not always effective, legal order that a persona has to stay away from another person, from direct or indirect contact (can not get friends/family to harass) – males can be victims of domestic violence (in homo/heterosexual relationships) Canada: GSS (General Society Survey) – nature and consequences: 8% of adults married/common law, experience some form of violence – females vs. Males – women: more severe violence (4x likely to have serious injury), more serious categories of assault (beaten, threatened, threatened with weapon), experience more frequent abuse – males: more likely to be kicked, hit, or bitten GSS Type of Violence Women Men Total Violence 8.70% 7.00% Threatened to hit
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