Crim 131 - Review.docx

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CRIM 131
Martin Bouchard

Review Traditional Policing Three Rs  Random Patrol  Rapid Response  Reactive Investigation Community Policing Three Ps  Prevention  Problem Solving  Partnership with the community Definition of Community Policing  Def: A philosophy, management style and organizational strategy centered on policing-community partnerships and problem solving to address problems of crime and disorder in communities  Know the three characteristics; and Peel’s nine principles of law enforcement Three Types of Policing Style  The Watchman: Central premise of random patrol  Legalistic: Only deal with legal matters; follow training and internal policies  Service: Serve the needs of the community; eg.: Video shown in class  Decentralized decision-making (becoming less paramilistic)  Community-based crime prevention  Increase police accountability to the public  Re-orientation of patrol activities to emphasize the importance of on-emergency services Tactical Elements to Community Policing  Zero Tolerance Policing: “Order maintenance/proactive policing”  Problem Oriented Policing: “Proactive strategy centered on developing strategies to address community problems. Does Community Policing work?  Not all police officers are ready to accept the new image of police work: Hard police vs soft police  Vague goals, impossible to achieve?  What is the community? How do we know what they want? Is it a good thing to follow?  Police culture committed to traditional view of police work?  Crime displacement? Roberts and Grossman: CH9  Define broad blue line  Eg.: Definition involves problem solving policing and community partnerships Important Headings  P118  Para Police-----------------Public Police--------------------National “Low policing” “High policing” All belong to the concept/spectrum of social control  Theory to Community Policing (P120)  Broken windows Wilson and Kelling (1982) R&G Does Community Policing Work?  Read up on the NYPD example: What did they do, what were COMPSTATS, how were COMPSTATS manipulated…  How is Canada different? Not only focused on reducing crime rates but crime prevention balanced with crime reduction Know the CDN research Positives: 1. It is an official approach in most departments 2. Beyond experimentation 3. Integrated into daily operations Negatives: 1. Many police departments 2. Community policing is an add-on program 3. Core strategies are disconnected 4. Strategies have not been tailored to the needs of the community 5. Front line officers are reluctant to adopt the community policing philosophy The Courts: CH5 Responsible for:  Determining the guilt or innocence of accused persons  Imposing appropriate sentence for those who are convicted  Ensuring that the rights of the accused are protected Important Definition: Judicial Independence  Citizens have the right to have their cases tried by tribunals that are fair, impartial and immune form political interference  Know the types of cases heard in adult courts: Most common drunk driving and assault Specialty Courts 3 Difference Types listed in Griffiths: 1. Domestic Violence 2. Aboriginal Courts 3. Drug Courts Circuit Courts  Box 5.1  Regular courts with few changes, e.g: on the move Federal Courts  Federal Courts: Trial court and court of appeal (copyright, etc)  Tax courts  Supreme Court (chart of rights and freedoms) System of Criminal Law  Common law – what does it imply?  Hierarchy in follow decisions called stare decisis: The higher courts set precedents that the lower courts must follow  Like cases should be treated alike: same rulebook for everyone, even though there is room for judicial interpretation A few principles from common law system: - Presumption of innocence: defendant deemed innocent until proven otherwise - Crown bears burden of proof - Doliincapax: not criminally responsible under 12yo - Insanity: no one criminally responsible if incapable of knowing act was wrong - Attempts are crime: not because you are a bad criminal that you should be exempt from conviction Types of offences - Summary convictions: less serious offences must begin within 6months….provincial court judge sitting alone - Indictable; serious offences, that may carry prison sentences of 14 years of more no time limit (except speedy trial under chart) - No specific court, depends on offence - Hybrid: in between, specified in CC can be either. Crown decides whether to proceed as summary or indictable…depends on seriousness, delays… The prosecution process - DIVERSION programs designed to keep offenders from being prosecuted and convicted in the CJS - Effort is made for less serious offences to deal with it outside of the CJS - LAYING INFORMATION/CHARGE (pg191) - Police lay information on offender before JP - Rejected or approved, then charges laid (charges not laid in 1/3 of violent and property crime cases Legal procedure - Complex: pg 190-198, 201…see flow chart - Eg plea bargaining: - An agreement whereby an accused pleads guilty in exchange for the promise of a benefit (reduced sentence, charges, etc) Defences - “You’ve got the wrong person” Excuse based - Consent—the complainant voluntarily agreed to engage in the activity; sexual assult cases - Automatism: did not have the requisite mens rea eg. Sleepwalking cases - Not criminally responsible on account of mental disorder (NCRMD) Vincent Li “greyhound beheader” - Battered woman syndrome Adam’s thesis talk - Just remember that prosecutorial discretion is influenced by o Court structure o Defence counsel o Police o Judge Hate crime sentencing enhancements are: Required more time and labour, rarely pursued by crown prosecutors, ineffectual in court Chapt19: R and G - YCJA o Extrajudicial measures, diversion programs o What does figure 19.1 suggest…there are two trends  YOA years  YCJA years More graphs - Extrapolate the trends from 19.2,19.3 - The use of custody is section 42 of the YCJA followed by more graphs in 19.4 and 19.5…what is the general trend (hint…going down) - More graphs Plea bargaining - What is a plea bargain? o Truly advantageous to offenders? - Three categories of promises made by the crown o Chage, sentence, fact o Karla holmolka controversy o Victims have no veto powers over the ‘deals’ o Factors influencing entering into a plea agreement  Detention, released on bail, perceived strength of case against them Sentencing principles - Just deserts- retributive - Incapacitation- utilitarian - Deterrence (general and specific)- utilitarian - Rehabilitation - ….. - Restorative - ………. Sentencing options - Imprisonment (35%) - Probation 46% - Fines 32% o Problems with fine default?? - Absolute discharge - Conditional discharge - Conditional sentencing 5-8% o 18% sexual assault Conditional discharge vs suspended sentence - Conditional discharge o Places offender on probation o If successful, he is discharged and then not convicted - Suspended sentence o Places offender on probation o If successful, no sentence is given but will have a criminal record Difference between probation and conditional sentence - Probation o Abide by a set of conditions o Served in the community - Conditional sentence o Serve INCARCERATION period in the community o Sentence less than 2 years o Purpose: denunciation and rehabilitation o Conditions more onerous than probation Dangerous offender and long term offender - Dangerous offender o If crown proves the case (very high burden of proof), given indeterminate sentence o Judge looks at the past, present, and future behaviour o For especially violent crime, or pattern of serious violent offences o 4 offences excluded: treason, high treason, 1 and 2 degree murder - Long term offender o Only for those serving federal sentence o Long term supervision offender:  Offender supervised by a parole officer for duration of the
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