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Lecture 9

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University of Guelph
SOC 1500
Michelle Dumas

March 26, 2014 Crime and Criminal Justice: Lecture Nine Policing, Gender, Race and Penology Community policing -Work and operational practice -organizational strategy philosophy: the community must work together to determine how to solve the problems that can create a crime -requires a department wide commitment: all personnel’s, the community and police must work together to develop initiatives that can help -Decentralizing and personality police services – so the police are more approachable and so citizens can access the police, people are willing to approach, work with and discuss problems that might exist in a community Problems -focussing on neighbourhoods that have more problems than others -hopefully prevent or decrease the rate of crime -instead of working with communities, they are focussing on areas or neighbourhoods that are poor or have minority groups -more stopping, searching and sentencing of minority groups (racial profiling) Police Work -most work they do is reactive – responding to reports from the public -proactive – discover crime through their own work or try to prevent crime from happening, working the system before crime exists 5 Stages if they encounter a crime through their own work -provide a warning or a ticket or go through the stages 1. Stage One (Initial) -determine whether a crime has occurred, gather information about what perceives to be a crime 2. Stage Two (Identification) -identify who is involved and determine whether the case should be dropped -identify the suspect 3. Stage Three (disposition) -determine what must be done for each offender (young offender, sentencing) 4. Stage Four (Reporting) -a police report is filled out with all relevant information 5. Stage Five (Court) -if the accused plead not guilty, police must testify Police Subculture -a smaller culture that exists within a greater culture -exists among police officers -the way they are trained, socialized and the nature of their jobs Elements (Values) Policing – police are the only real crime fighters, no one has the right to attain someone, no one understands the work police do except for other police officers Loyalty – they know they can trust one another to back each other up and protect them, when officers engage in misconduct other officers may not relay this information to administration (the blue code of silence) Rules – it is understood that the rules sometimes need to be broken Public – the public is the enemy, us versus them mentality, they don’t know if their lives will be at risk in a given situation, feel that the public makes difficult demands, the need to protect those around them Detective work – “patrol work is for those that are not smart enough to get out of it” Education -hiring officers of higher education -people with higher education act in ways that are more professional, cope better, receive fewer complaints, less likely to engage in misconduct, are more likely to be promoted than people with just a high school education -the minimum education is to have a high school diploma Police Screening (discretion) -they can’t arrest everyone or lay charges against everyone -a warning will sometimes suffice -considered to be at the front lines of crime -everything that is reported goes through police -knowing when to only give a warning or take further action -more likely to provide discretion when it is a less serious crime -the more serious the crime, the less discretion they will have (more likely to lay charges) -those under the age of 25 – police are more likely to take action in an arrest or laying charges -dependent on the attitude of the subject (the more negative, impolite or un co-operative the more likely charges will be laid and the less lenient they will be) -some departments have priorities dependent on the area they are policing Action -provide a warning for traffic or other minor offenses (formal, as a written statement that goes on record or informal) -bringing an individual in for questioning – if you have valuable information, if you are a victim or a witness, can provide a statement -they can write a report of the incident and keep it for future reference (warnings) -Extrajudicial Sanctions – we need to keep youth out of court as much as possible, provide outside of the court sanctions, community service (between 12 and 17) -laying charges against a person – accusing an individual of committing a crime, usually lay several charges -Detention – can be released to make a decision to plead guilty or not guilty, they can choose to detain for further processing, police have the right to detain an individual for a bail hearing Police Misconduct -act in ways that are unbecoming of police officers, don’t have the legal right to do so, a small percentage of police engage in this activity 1. Deadly Force – have the right to use force to detain someone (as much force as necessary), not allowed to shoot an individual fleeing from the scene, used to protect themselves or other individuals, serious investigation to see if it is justified for the situation at hand 2. Ethical Conduct – behave in unethical ways, such as planting evidence to make an arrest, using evidence that has been fabricated, violate legal statues 3. Racial Profiling – targeting groups based on race and ethnicity (African Americans, Canadians and Aboriginals) To Lay A Charge Definition: to make a formal accusation of law breaking against someone -when police are going to lay a charge against someone they fill out an ‘information form’ with personal information, evidence, etc -swear in front of Justice of the Police that all information is truthful – police can be put in prison for acting against the criminal code Arrests -sometimes is the only way to bring someone in for questioning -do not always end up in prison -police have the legal right to arrest people -constraint of freedom -they can ask someone to get in a police car or in a police department (considered constraint of freedom) Arrests – Warrant -lay charges, get a warrant from Justice of the Peace -prove it is in the publics best interest to arrest this person -only a judge or Justice of the Peace can grant this warrant Arrests – Without a warrant (when it is allowed) -up until the age of 18, parents must be contacted and notified of the arrest -it is allowed if they believe that the person is about to or has committed a indictable offence (good reason to believe that this will occur) -they have witnessed someone committing a criminal offence -anyone who has an outstanding arrest warrant (if a witness does not appear in court) -it is believed that a person is a terrorist and is going to carry out terrorist activities (as a way to prevent terrorist activities from occurring) Search Canadian Chart of Rights and Freedoms (1932) -restricts the powers that police have -police were engaging in misconduct and were overusing their power -section 8 related to search of a resident or a person, everyone has the right to be secure about the search or seizing of property, police cannot search or seize property -if police violate this law, the individual can get off and not be charged as result of a technicality -if an individual allows the officer to come into their home, they can seize anything in sight Dwelling -in a building receptacle or place that an offence was committed or suspected of being committed -Offence (commit/suspect) -Evidence -Purposes (without a warrant) -they must have evidence that a person is guilty of particular charges before getting a warrant They can without a warrant -to prevent the destruction of evidence -to protect themselves or the public (search a person to obtain a hidden gun or weapon) -there is belief that evidence will be destroyed -belief that an illegal drug or weapon is present and there is no time to get a warrant -if the individual says yes, this is considered consent and the officer no longer needs a warrant Search of Person -a police officer is able to search a person when doing an arrest to ensure their safety and others’ safety -they already have a warrant to search the area and they believe that they may have the substance on themselves School Official -they may search students under any circumstances (including lockers) -there are so many children at school at one time, the safety of the children within the school is more important than an individual’s right to privacy Questionings of Suspects -a confession is the most useful -they can lie about anything or fabricate evidence to convince someone to confess -hope that the person did not falsely confess -it is only admissible in court if it is found that the individual was not forced or threatened to confess -as long as the persons rights and freedoms were upheld and it was a voluntary confession, the court can accept this as evidence Do Gender and Race Matter Gender -the biggest area of concern is that of interpersonal violence (relationships, any form of family or intimate violence, child mistreatment, child abuse, women battering, violence within the family) -often looked at in terms of women and children being victims -includes homosexual relationships, same sex couple violence Domestic violence -major changesin the 1980s and 1990s -police treated this violence as a private matter and rarely made arrests with domestic violence -mandatory arrests had to be made if they believed violence had occurred -Aboriginal women have higher rates of domestic violence (3.5 times more likely to suffer domestic violence than non-Aboriginal women, 25% of Aboriginal women have reported being assaulted in the past year compared to 7% of non-Aboriginal women) Mandatory Arrest -make police behaviour more consistent in a particular region- no longer view it as a private matter -Toronto was most proactive in making these arrest and following through with the courts -provides immediate protection from violence for those who are victim (children, spouse, elderly) -prevents escalation of the situation -can reduce incidences directly through specific deterrence (goes through the process of arrest, court and makes them less likely to commit this crime again) -general deterrence to show that this behaviour will not be tolerated -removed police discretion (do not get to decide if it should be just a warning or an arrest) -argued that it would have a redistributed function USA – empirical research -has reduced domestic violence -varies within cities (has decreased in some cities and has no effect in others) -tended to reduce domestic violence among those that were employed and had no effect on those that were unemployed -reduced violence in the short term and escalation of a situation -increased in the long term if a relationship proceeded after the situation without counselling or outside services -important to implement restraining orders against the person that is believed to be violent to protect the victims -more recently, it has been recognized that males can be victims of domestic violence in both hetero and homosexual relationships Canada (General Social Survey) -Victimization questions are included in the survey -assess levels of interpersonal and spousal violence -8% of spouses or common law relationships reported experiencing violence -women tend to have more severe abuse and consequences to that abuse -women were more likely to require medical attention from physical violence -women were more likely to report having a weapon used against them and
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