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Police in Modern Society entire lecture notes from Fall 2013

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University of Ottawa
Sam Alvaro

CRM2305- Police in Modern Society September 10, 2013 Defining and Conceptualizing the Police and Policing • Polis: ancient Greece, State • Police: agency(organization)/officer (individual), public /private(security guards) • Policing, the act of cleaning up o How should we think of the police and policing? o Do we need conceptual boundaries to aid us in this course? o How does Canadian Legislation define the term “Police”? The Canadian Criminal Code – definition “peace officer” • Police can only arrest you if it is during or what they are hired on to do The Ontario Police Services Act- duties of a police officer Different Levels of Theory • Explanatory to Predictive • Macro to Micro • Philosophical to Tactical • Organization to Individual • Relational and in Isolation (how to relate and connect police officers with their community) - Like a photographer we have many different lenses to view the subject we are studying. Questions: • Why do we need policing? We can’t trust ourselves to self-regulate. We all do bad things. • What factors have affected the evolution of Policing? • What factors have affected the evolution of Policing in Canada? The Evolution of Policing Policing through Antiquity • Kin policing- about the family. Family was responsible for everyone in the family. Notion of honor. • The code of Hammurabi- first codified law that was truly written down not through oral traditions. • If anyone bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. • If a judge tries a case, reach a decision, and present his Judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case and he shall be publicly removed from the judge’s bench and never again shall he sit there to render judgment. Lex tenonius (eye for an eye) Ancient Policing Roman Influences • Caesar Augustus o The Praetorian Guard  Fist undercover operations  Become involved in assassination plots  First professional secret service of protective detail (paid)  Primary job was to protect Caesar  First signs of corruption  They are guarding the king if you don’t like the king, you die o Daytime fire brigade  Created to go around and look for fires and put them out during the day o Urban cohorts  Went around to protect people o The Vigiles  More modern term: vigilantes  Take law into their own hands  Went around at night looking for fires  But dealt with any crime they saw  Paid for performance • Military does not police us. Broad sort not a scalpel. Changing Societies French and English differences: French • Gendarme System (man of arms):  Created by Charlemagne  Centralized policing structure  Professional (paid)  Long arm of the king not the law  Not beloved by the people they policed • Frankpledge system: o Created by Alfred the Great o Decentralized policing structure o Unprofessional o Used in combat o Paratroop units now a days o More a military unit other than police unit o Civilian police force in Canada Shire-Reeve (sheriff) Hundredman Hundredman Tythingman Tythingman Tythingman Tythingman Other English influences  1215- Magna Carta: innocent till proven guilty, tangible rights  1285- Statue of Winchester o Parish constable: control the stable with horses as well are armament o Hue and cry: if you see someone commit a crime you should yell out to people. Responsibility to run to problem. o Assize of arms: had to have a armament Industrial Revolution o People started to move from Agriculture and rural areas to cities and urban areas o More immigration o People got poor and a lot of industry owners got richer o Working conditions deteriorated o People look out for themselves instead of others o BIG increase in crime* (ex. Theft, pick pocketing, property crime, violence, serial killers, prostitution, etc) o 1784 Henry Fielding and the Bow Street Runner: first incarnation of private security. Pay him to find what ever got stolen. Started robbing houses themselves. o Joint community-police response: community come together to find justice o Thief-takers: takes a thief to catch and thief o Modern policing extremely connected to this The Evolution of Policing in Canada Sir Robert Peels influence • Father of modern policing • Two modern traditions of policing • Royal Irish Constabulary (1812) o Police force drawn from soldiers that were coming back from war. o Armed in military uniforms. o Baric police force: DO NOT police where you live. Create a divide between police and community so police can accurately do their job. • London Metropolitan Police (1829) o Wore dark blue o Pit helmet to it looked like you were towering over people o Truncheon: a Billy bat o Not baric: live in their community o Matter of gradation o Law and community/ Consent or Dissent: they consented to be policed to deal with the issues. Weren’t liked at first. o Development of Policing Principles (in outline) 1. Prevent crime and disorder with alternatives 2. Community need to approve and respect 3. They can’t be corrupt 4. More violence that is used the less likely to respond 5. Everyone should be treated equally. No pandering. Nobility of the profession. 6. Use minimal degree of physical force when necessary. 7. Maintain a good relationship with community. Police are community, community are the police. 8. Para-militaristic. Rank structures. Don’t take the power for granted. 9. Prevention of crime is truly what you want to do o Called bobbies/peelers o 1939 Legislation passed allowing all communities to create police services inn England • History does show that formal police services are only created when communities felt the need to do so. Pre-Confederation • 1651-Police appear on the streets of Quebec City, duties are limited to watching for fires and guarding the safety of people at night • 1673- the Governor of New France, drafts the, first police regulations in Canada and their laws that the police are the enforce • 1749- a police force is created in Halifax to respond to disturbance caused by sailors and an increasing crime rate • 1792- First parliament of Upper Canada divides Upper Canada into townships and counties, groups of which are formed into provincial districts. Provision is made to form a police system in Upper Canada. The Parliament orders that a courthouses be built in these districts. • 1793- the parliament of upper Canada enacts a law providing for the nomination and appointment of a high county constable for each provincial district • 1830- Crime in Upper Canada is on the increase, and disorders become more frequent. Canada has no institutions to detain persons, and even serious offender are given short terms in local jails • 1834- the formation of the MTP (Metro Toronto Police) • 1843- Montreal city police created • 1858-Upper Canada legislation authorizes town and cities to create their police services • 1864- the creation of the western frontier constabulary Early municipal police services • Three mandates:  Conflicts between labor and management  Morals enforcement  Apprehending criminals • Corruption was wide spread  Chief of medicine hat owned a house where a brothel operated  Chief of Winnipeg fired for being caught in a brothel • Not a lot of training when it came to policing History of the RCMP • Confederation and nation building (1867)  Civil war just ended  Concerned about Americans coming in because they are now united again  Americans develop a philosophy: manifest destiny- going to the pacific and taking over. • 1873 NWMP (North West Mounted Police)  Recruits from the Royal Military College  Kingston was the capital of Canada at the time  Armed and baric  Wear red to show connection England and military  First nations were in the west and they have a very strong connection between them and England • Dominion Police  Policed the East  Not armed not baric and wore blue  End up merging with the NWMP and become RCMP  RCMP motto “Maintain the right” not “Mounties always get their man”  Portrayed as nice people and the best police force  Pretty small  Unique  Working in the cold tundra • Early 20 Century  Strikes breakers NS, QU, BC  Hudson’s Bay company  1917-1950 assume provincial policing duties  War time Mounties: deployed along with military forces • Mid-20 century  Post-world war 2  Heavily involved in security issues due to cold war  Start to spy on Canadians  RCMP stole Quebec’s membership list: created a problem with RCMP. And they lost their national security mandate and it was given to CICES th st • Late 20 century and early 21 The RCMP and Criminal Code (56. A,b,c)  Summary conviction: less than 2 years  Punished for not showing up to work  Not allowed to unionize because they are a central service The Function of Police in Society • Liberal concept: safety, service and crime fighting • Conservative concept: riot control and order maintenance • Marxist concept: moral enforcement and class control. (bourgeoisie and proletarian) Police Powers Questions: What are the role and responsibilities of the police? What is the relationship between the police and the state? What has been the impact of the Charter upon policing in Canada? What are police powers for? • Roles and Responsibilities: o Maximize security and freedom o Respond to calls o Maintain order o Identify criminal offender and criminal activity and when appropriate, apprehend offenders and participate in subsequent court proceedings o Reduce opportunities for the commission of some crimes through preventive patrol and other measures o Aid individuals who are in danger of physical harm o Protect constitutional guarantees o Facilitate the movement of people and vehicles o Assist those who cannot care for themselves o Resolve conflict o Identify problems that are potentially serious law enforcement or governmental problems o Create and maintain a feeling of security in the community o Promote and preserve civil order o Provide other service on an emergency basis o Greatest deterrent to crime is police visibility o Police officers are societies 911 force o The default method/model of policing is the military method o When police run into problems they call the military • The state o Polis o Policing a democratic society o Fear of policing o Classical conditioning doesn’t work with police. People fear them because they don’t usually have good encounters with police o How do we balance police protection of society with individual rights?  Freedom comes at a price (social contract) • Role of the Charter 1) Right to life, liberty and security not to be deprived except in accordance with principles of fundamental justice 2) Right to be secure against unreasonable search or seizure 3) Right not to be arbitrarily detained or imprisoned 4) Right on arrest or detention: a) Be informed promptly of the reasons therefore; b) Retain and instruct counsel without delay and to be informed of that right; and c) To have the validity of the detention determined by way of habeas corpus (body/ body of evidence) and to be released if the detention is not lawful 5) Person charged with an offence has the right: a) To be informed without reasonable delay of the specific offence; b) To be tried within reasonable time; c) Not to be compelled to be witness in proceedings against that person in respect of the offence. 6) Right to not be subjected to any cruel or unusual treatment and punishment • Police Powers Arrest without a warrant by a peace officer o Inditable offence: more serious offence o Found committing a crime o A warrant is out for their arrest Defining an arrest (Arrêter= to stop) o Legally Arrested: occurs when an individual is deprived of his or her liberty by legal authority and is placed under arrest or simply taken into custody. A police officer must have the intent to arrest, must communicate that intent to the person, and must actually take the person in custody o Behaviorally Arrested: occurs when taking a suspect into custody involves a number of different actions, such as a stop (in which the officer tells the individual not to leave), a verbal statement that the person is “under arrest”, or physical restraint of a person o Subjectively Arrested: occurs when someone having an encounter with the police believes he or she is not free to go, leading to the perception of having been arrested o Officially Arrested: occurs only once the police make an official arrest report Variables related to arrest o The situation  Public place, officer acting alone  No two police officers will act the same way o The community  Minority and working-class communities o Extralegal factors  Race of suspect  Appearance of suspect (clothing, piercing, etc.)  Type of offence  Race, class or sexual orientation of victim Citizens’ arrest o Arrest without warrant by any person (has to be an inditable offense) o Any one may arrest without warrant a) A person whom he finds committing inditable offence; or b) A person who, on reasonable grounds he believes i. Has committed a criminal offence, and ii. Is escaping from and freshly pursued by persons who have lawful authority to arrest that person Arrest by owner, etc. of property o Anyone who is: a) The owner or a person in lawful possession of property, or b) A person authorized by the owner or by person in lawful possession of property, may arrest without warrant a person whom he find committing criminal offence on or in relation to that property Custodial interrogation o The suspect must be informed of right to remain silent and retain counsel o Most give statements to police, both verbal and written, if asked o Voluntary statements may be used as evidence Search and seizure o Search of a place  Requires a warrant, except when arresting suspect o Search of a person  Is covered by common law o Invasive search  Requires special authorization  Ex. Blood sample, DNA testing, bodily fluids  Judge has to sign off on this Searches during arrest o May be conducted for  Protection of police  Protection of evidence  Minor details that might be important to the case later on  Could be searched at police station or wherever you are being apprehended o Search must not be humiliating or abusive Use of Force o Everyone who is authorized by law to use force is criminally responsible for an excess thereof according to the nature and quality of the act that constitutes the excess o You cannot use excess force o Use of force to prevent commission of offence o Everyone is justified in using as much force as is reasonable necessary a) To prevent the commission of an offence b) For which, if it were committed, the person who committed it might be arrested without warrant, and c) That would be likely to cause immediate and serious injury to the person property of any one or d) To prevent anything being done that, on reasonable grounds, he believes would, if it were don, be an offence mentioned in paragraph a). o Verbal commands open palms techniques  pepper spray/baton tazer  finally, gun if it is needed Deadly Force o Dudley George- aboriginal shot by police. Circumstance very circumspect. How much force is necessary? All circumstances are different. o Law is vague  Police may use “as much force as is necessary” to protect self or others or to prevent escape o Ontario  Instances of death or injury are investigated by the special investigation unit (SIU)(also instances where his gun has been pulled out) Research on deadly force o Data on deadly force are not available to the public o Incidence varies by:  Region, type of community, police department traditions o Race  Minorities are more likely to experience deadly force o Mental illness  High proportion have psychiatric history o Implication  Need for officer training in dealing with confrontation Deadly force against the police o Rare in Canada, only two or three per year. Equal to Great Brittan even though they have a bigger population o Much publicity given to those that occur o American rates are much higher even when you take into account the larger size of the population Police discretion o Factors affecting discretion:  Type of crime  Attitude of subject  Departmental policies (ex. Charged with marijuana, ticket then released or brought to town) o Discretion I exercised by:  Deciding to intervene  Determining how to act  Type on intervention: question, warn, arrest, detain, charge Research on discretion o Research results are unclear and conflicting  Studies examine only a few factors  Practices vary by city and region  Most studies are not based on hypothetical situations, not actual observations • The new Security Environment Electronic surveillance o Includes wiretapping, hidden cameras, etc. o Applications are rarely rejected by the state or judges because majority of surveillance is conducted for drugs and terrorism mainly o Most deal with the conspiracy to commit drug offences Police Organization Questions: Who is responsible for policing? How police are police services organized and what are are the jurisdictions? What are their mission and current priorities? • Police Facts and Figures o Formula for the crime rate: # of crimes / population x 1000 = crime rate o The formula is so it’s held constant Graph: Police strength Canada Police o Crime rate was lower than police strength, then in 1981 they bisect then crime rate was higher in 1990 and then lower again in 2012 o Police strength has remained constant since 1962 o There is no correlation between police strength and crime rate o Police officers per 100,000 population United states is way over police as well as Canada o Even with this over policing the crime rate is still pretty much the same o Correlation doesn’t exist between crime and police officers Graph: Police Strength Canada Cities o Territories are well above average due to low population o Larger cities don’t necessarily have larger police forces Graph: Age distinction of Police officers o Very concerned with the age of police officers due to life experience. Want police officers to have more of a life experience to have a better connection with the community and more able to deal with different circumstances. Relates to the future of the force. o We are starting to measure the timing of retirement. If you start working when you are 20 you can retire at about 50. Too many people will be getting up and retiring too early. Graph: Police Numbers o There were 69,539 police officers in Canada, 115 more officers than in 20120, expressed as a rate, police strength declined slightly (-1.0%) from the previous year, to 199 officers per 100,00 population o Despite small declines in recent years, police strength in Canada has generally been increasing over the past decade, up 7% since 2002. Over the same period, both the volume and severity of police reported crime have continued to decline o Manitoba replaced Saskatchewan in 2012 as the province with the most officers per 100,000 population (214 and 213 officers per 100,000 population, respectively). Prince Edward Island (169) and Alberta (175) reported the fewest officers per 100,00 population o The highest rates of police strength in 2012 were reported in the census metropolitan areas of Winnipeg, Thunder Bay, Regina and Saint John. The lowest were reported in Moncton and Kelowna Graph: Police officers and the Crime Rate o Toronto, Montreal, Vancouver, Calgary, Edmonton, Winnipeg, Ottawa and Hamilton have the most number of police officers o Just because we put more police officers on the street doesn’t mean there will be a lower crime rate it could actually raise the crime rate due to over policing because there is more surveillance there will be more crime caught Graph: Police Expenditures on Policing o Police budgets are also a function of economics o Spending on health care, police salaries as well as the technologies and luxuries they use, etc. Graph: Expenditures per province o Ontario spends the most money followed by Quebec o Ontario’s budget is half of everything in Canada o 40% of all policing dollars are being spent in Ontario o Prices go up in policing because salaries go up annually as well as prices of food, gas, etc. o Have to make sure the population is able to sustain themselves Graph: Metropolitan Toronto Police Service o 90.1% of their expenditures go to salaries and benefits o 6.4% to services o 3.5% materials and equipment o Most police forces are unionized and they are very strong unions. They get very good salaries, benefits, etc. o Police have to buy cars, motorcycles, helicopters, aircraft, boats, drones, etc. RCMP total staff 2013 • Total: 28,641 • Jump of 8,00 people in about 10 years • The structures are hierarchical • Constables are the front line workers • Sergeants and corps are your front line leaders • Special constables aren’t full fledge police officers (ex. OC Transpo security, take people to court) • 1/3 of the force is civilians • Public servants: deal with human resources • Civilian members: individual who has a specialty that supports the RCMP (ex. Go out and buy guns to compare bullets from crime scenes and what not) • This is called civilianization Graph: trends in police personnel and expenditures o Police officers in 1962- 26, 129 to 2012- 69,539 o Civilian personnel in 1962 5,699 to 28,220 in 2012 o Civilians can do a lot for the police officers instead of getting the police officers to do it all we just pay them less o Total personnel 1962 31,828 to 97, 759 in 2012 large chunk of this are civilians o Can’t put civilians on the front lines Graph: portion of female police officers o None until the 70’s due to the feminist movement o Been growing and growing o Females are now 20% range of police officers o In 2002 15% of police officers were female o In 2012 19% of police officers were police officers • Organization of Policing Who is responsible for policing? • RCMP are the only force that are responsible for all levels o Federal level  RCMP (have the capacity to enforce all the laws of Canada) o Provincial level  OPP  Newfoundland o Regional/municipal level  Niagara Regional  Ottawa police  Durham regional  York region o First nations  Reserves typically police themselves  Lead to some problems Table: Public safety Canada portfolio Parliament Minister Parliament secretary Agencies Canada Border Services Agency Deputy Minister and Associate deputy minister Review Bodies RCMP Canadian security intelligent service Public Safety Commission for Public complaints Correctional service intelligent service Correctional service Canada Parole Board of Canada Table: Solicitor General Portfolio o All responsibility on elected offices (to impede military going to war on their own) o We always see civilian oversight of a police agency doesn’t matter what level • Police Organization o Majority of police agencies are directed towards control o All forces are hierarchical • Mission and Mandates Three different levels of Police RCMP o Mission: the RCMP is Canada’s national police service. Commit to preserve the peace, uphold the law, and provide quality service in partnerships with our communities o Current priorities  Terrorism/organized crime  Youth: crime prevention  International police services  Alternative justice: write an essay or something  Integrated policing: bus in officers from other area or other countries for big events o Interoperability : working independent from one another o Integrated/multilateral : Sometimes we need many police agencies to work together at a micro level OPP o Mission: provide a sensitive, community-oriented and accountable service that promotes and environment in Ontario in which all people will be secure in their pursuit and enjoyment of all lawful activities o Current priorities:  Counter terrorism  Emergency and disaster management  Organized crime  Violent and property crime  Hate crime and extremism  Crimes against children  Crime prevention  Intelligence gathering and analysis capabilities  Coordination with other law enforcement agencies o Similar to RCMP o Taking on too much o Even at provincial level we realize we need integration sometimes o Have to react and become more malleable when dealing with crime Toronto Police Service o Mission: we are dedicated to delivering police services in partnership with our communities
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