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Final

SOC 1500 Final: Exam Study Guide

29 Pages
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Department
Sociology
Course Code
SOC 1500
Professor
Stephanie Howells

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Exam Study Guide Chapter 4 The Law Reform Commission of Canada has identified four key values that form the framework within which to understand police work in Canadian society (1) Accountability- The actions of police services, and police are subject to review (2) Justice: The requirement that the police maintain peace and security in the community while ensuring that individuals are treated fairly and human rights are respected (3) Equality- All citizens are entitled to policing services that contribute to their feeling od safety and security (4) Efficiency – Policing services must be cost-effective -There is a natural tension between the requirement that the police enforce and legitimatize the decisions of government while at the same time serving the public interest Police role was classified into 3 categories to understand the roles and activities of the police (1) Crime control- Responding to and investigating crimes, and patrolling the streets to prevent offences from occurring (2) Order Maintenance- Preventing and controlling behaviour that disturbs the public, including quieting loud parties, policing protests, responding to (and often mediating) domestic and neighbourhood disputes and intervening in conflicts that arise between citizens. It is this role of the police that is most often the subject of criticism and investigation (3) Crime prevention and services – Collaborating with community patterns to prevent crime and providing a wide range od services to the community, often as consequence of the 24-hour availability of the police -These distinctions do not capture the diversity of police work. Police officers are seen as people that spend considerable time gathering information. Peter Manning said the police in the past expericed difficulty in fulfilling their mandate and this resulted in “a vast and unmanageable social domain”—unrealistic expectations from the public Structures of Police Governance: * note that there are differences in how federal, provincial, or territorial, regional and municipal police services are governed (1) Police Acts- the legislative framework for police services. They provide the legislative framework within which police services are structured and delivered and set out the principles of policing, the process for filing complaints against police officers, and disciplinary procedure for officer, and they define the activities of police commissions and police boards (ex- RCMP Act or Provincial\Territorial Police Acts (except in NWT and Nunavut)) (2) Policing Standards: They supplement police acts and set out how police services are to be maintained and delivered (i.e.- roles and responsibilities of police) (3) Police Boards and Commissions: Provide governance of local police services except in municipalities policed under contract by the RCMP. The employer of municipal police services. Composed of community members and city council members. Authority derived from provincial police acts. Activities include hiring the Chief Constable, preparing and overseeing the police budget, and negotiating collective agreements with police officer labor associations. Basic Qualifications- The minimum requirements for candidates applying for employment in policing. The basic qualifications include a Canadian citizenship, a minimum age of 19, physical fitness test, and a grade 12 education. Also, the applicant cannot have nay prior criminal convictions or pending charges and must exhibit common sense and good judgement. Preferred Qualifications- Requirements that increase the competitiveness of applicants seeking employment of applicants seeking employment in policing. The qualifications are prized by police services- they include any knowledge of a second language or culture, related volunteer experience, a postsecondary education and work or life experience. Contracting Policing – An arrangement whereby the RCMP and provincial or territorial police forces provide provincial and municipal policing services (60% of there personnel is involved in this) - There are concerns about contracting policing regarding the RCMP due to fiscal accountability- there are no boards that the RCMP has to be accountable to when policing municipalities Downloading- A key feature of policing in the early 21 century, that is, the police being required to fill gaps in the services that are the mandated responsibility of other agencies and organizations. Municipal and provincial or territorial governments have carried out massive downloading onto police services. Operational Field Training – Instructing the recruit in how to apply principles from the training academy in the community. During this phase, a senior officer (mentor) makes sure that the recruit is able to meet the demands and challenges of the police work. Varies from 14 weeks (BC police) to 24 weeks (RCMP) -A key objective of the FTO is to enhance the skills and knowledge the recruit has gained n the academy in a way that lessens the disconnect between the training academy and the street Pluralization of Policing- the sharing of responsibility for safety and security in the community between public and private police (ex- security guards and Para police) Policing- first created in London by Sir Robert Peel in response to increasing fear of crime and disorder associated with the Industrial Revolution. Before this, policing was a community responsibility Peel attempted to legitimize the police force by they would serve the interests of all citizens, that the police would include the prevention of crime and that all officers would be recruited from the working class Policing is “the activities of any individual or organization acting legally on behalf of public or private organizations or persons to maintain security or social order” -The public police no longer have a monopoly on policing Policing is divided into 3 categories: (1) Provincial Police three provincial forces in Canada (OPP, QUEBEC POLICE, AND Royal Newfoundland Constabulary- they are responsible for policing rural areas and the areas outside cities. They enforce provincial laws and the criminal code (some small cities are supervised by the opp) (2) Regional Police Services- Peel Regional, Halton Regional Police. Proponents of regional policing contend that it is more effective at providing a full range of policing services to communities and is less expensive than having number of independent municipal departments. Critics of regional policing argue that a regional police service is too centralized and does not offer the opportunity for effective community policing (there has been an increase in territorial police service) (3) Municipal Police – they have jurisdiction within a city bounds. Municipal police officers enforce the criminal code, provincial or territorial states and municipal by laws, as well as federal statues. This constitutes the largest police personnel in the country Political Policing- The use of the police by governments as an instrument of surveillance and control (surveillance of politicians, university students and faculty) Post Traumatic Stress Disorder-An extreme from of critical-incident stress that includes nightmares, hyypervigilance, intrusive thoughts and other forms of psychological distress. Officers suffer from this after traumatic events, night shifts. (40% of percent officer suffer from sleep disorder) -Working in smaller police services experience higher level of stress because of the challenging environment in which they work. Remote and rural areas have more crime -Females may experience higher levels of stress than their male counterparts because of harassment and discrimination Royal Canadian Mounted Police Act- Federal legislation that provides the framework for the operation of the RCMP; as the feral police force in all provinces and territories, the RCMP enforces most federal statues and the provisions of various legislative Acts.  Things that distinguish the RCMP from all other police services: training for all recruits is in Regina. RCMP is not unionized, RCMP provides a broad range of policing activities, including federal policing, contract policing and municipal labels  RCMP are trained in Regina for 6 months through a three block course Working Personality of the police Influences of Police Roles: (1) Geography (2) Community- the adoption of a community-policing model precipitated in the expansion of the role and activities of the police. Police services began to develop collaborative partnerships with agencies and neighborhoods to develop strategies to prevent and respond to crime and social disorder (3) Funding- Police is expensive (most of money goes to Ontario, followed by Vancouver). A major contributor goes to the cost of salaries of police officers, which have risen. Municipal councils are pressured to hold their budget- as they are operating below the authorized sworn officer strength because of budge cutbacks (4) Legislation, - New laws and amendments can shape impact on the police powers and demands on the police services (decisions from the SCC) (5) Diversity- 15% of the country’s pop was born outside of Canada. Two thirds arrived in Vancouver, Toronto, and Montreal and many of them have negative attitudes with the police. (6) Economic and political trends, (7) Government- all police is services in a political environment because they are enforced to mandate criminal law, which reflects political values (8) Crime and disorder – crime is highest in remote northern aboriginal and input communities, the city of Winnipeg Chapter 5 Arrest Warrant- a document that permits a police officer to arrest a specific person for a specified reason. If there is time they swear and information- a written statement sworn by an informant alleging that a person has committed by a specific criminal offence- in front of a JP. If the JP agrees that are reasonable grounds to believe that it is necessary in the public interest Arrest- Two additional conditions apply to making an arrest; first the officer must not make an arrest if they do not have reasonable grounds to believe that the person will fail to appear in court. Second, the officer must believe on reasonable grounds that an arrest is necessary to the The public interest An arrest is in the public interest is defined specifically as the need to: - Establish the identity of the person - Secure or preserve the evidence relating to the offence - Prevent the continuation or repetition of the offence or the commission of another offence -Sometimes, an arrest can be unlawful. An officer can be sued civically. Charter, section 8, protects all citizens against unreasonable search or seizure Bench Warrant- Type of arrest warrant that is ordered by a JP. This is typically issued in the case of an individual failing to appear at a court process, or a document issued by a parole board to revoke an offender’s conditional release Bias Free Policing- The requirement that police officers make decisions “based on reasonable suspicion or probable grounds rather than stereotypes about race, religion, ethnicity, gender or other prohibited grounds. Discretion- The freedom to choose among different options when making a decision. Discretion is an essential component of policing because no set of laws or regulations can prescribe what a police officer must do in each and every circumstance. Police officers practice selective or situational enforcement. Discrimination- Making a distinction in favor or against a person or thing based on the group, class or category to which that person or thing belongs rather than on individual merit. Entrapment- a person ends up committing an offence that he or she would not otherwise have committed, largely as a result of pressure or cunning on the part of the police. Factors Influencing Patrol Officers’ Decision Making: (1) Policing task environment (2) Individual police officers- the policing style of individual patrol officers may influence how they exercise discretion and encounter situations. (3) Law\Policy police service priorities- If a police service is engaged in policing designed to clean up crime hot sports or is pursuing of zero tolerance, it will influence the actions that officers take in encounter stations. (4) Visibility of decision- a key feature of policing is the increasing of visibility of police making decisions, in large because of cellphone camera. Police officers are aware their actions in encounters are often recorded- this results in officers being hesitant to make certain decisions of the level of force (5) Seriousness of alleged offence- there seriousness of the alleged offence is related to the action taken by police officers. (6) Complainants\victims (7) Persons of interest- suspects who are uncooperative or disrespectful are more likely to be charged than those who behave in a civil manner Force Options- the use of force by the police is the foundation of most training in Canada. The approach is positive and professional in explaining how and how the police use force in their day-to-day activities. The force framework serves as a guideline and all police personnel are provided with a working model that outlines that course of action take in use of force situations These force options include: Officer Pressure- the mere presence of a police officer may alter the behavior of the partipcants at an altercation, thereby enabling control of the situation Dialogue- Verbal and nonverbal communication skills may resolve the conflict and result in voluntary and compliance Empty Hands- physical force is used to gain control Compliance tools- Equipment or weapons are used to gain control Lethal Force- The situation requires complete incapacitation of the subject in order to gain control, and lethal force is the only option available to reduce lethal threat Information- A written statement sworn by an informant alleging that a person has committed a specific criminal offence Lawful Arrest- the officer can make the arrest if it is a indictable offence and if the police find someone actually committing the offence or if there is an outstanding arrest warrant or warrant of committal Less Lethal Force- a force option that is highly unlikely to cause death or serious injury to an individual when properly applied by a police officer. Less-lethal weapons include pepper spray, tear gas, and conducted energy weapons. The possibility of serious harm is especially great if the force option is improperly applied by the police officer. Mr. Big Strategy- This involves police undercover officers making contact with crime suspects who are subsequently introduced to Mr. Big, a purported organized crime boss. The targets are then invited to join the crime group, nut only if they admit to having committed a major crime. The limitations are that the strategy may lead to false confessions, and there are legal and moral issues raised One Plus Other- The generally accepted use- of- force standards that police officers have the authority to use one higher level of force than that with which they are confronted Principle of Accountability- the actions of police services are subject to review and there are formal channels that individuals can use to lodge complaints against the police Canadian police services are held accountable through several means: - Political accountability to governing authorities - Legal accountability to the law through courts and judiciary - Accountability to administrative agencies, including complainants, commissions, human right commissions, provincial police commissions etc. - Direct public accountability through such mechanisms as freedom of information legislation - Special ad hoc accountability through such processes as royal commissions Racial Profiling- the targeting of individual members of a particular racial group, on the basis of the supposed criminal propensity of the entire group Reasonable Search- you need a warrant or reasonable or probable grounds Recipes for Action- The action taken by patrol officers in various kinds of encounter situations Search Warrant- a documents the permits the police to search a specific location and take items that might be evidence of a crime. The SCC ha decided that warrants are required in the following situations: - Where there is to secrecy recoding of conversations by state agents - Incase involving video surveillance - For perimeter searches of residential premises - Before the installation of tracking devices to monitor peoples movements -Search warrants are granted by the JPs- before they grant one, information must be sworn under oath before a JP to convince them that are reasonable grounds that there is (1) evidence related to an act against the criminal code or (2) evidence that might exist in reaction to such violation or (3) evidence intended to commit an offence against a person for which an individual may be arrested without a warrant A search warrant will be illegal, except in 2 types of situations 1. While arresting a person, the officer may search the persona and find evidence 2. In an emergency situation a premise may be entered without a warrant. Starlight Tour- The case raised suspicion that the season police were dumping aboriginal people outside the city, some of whom had froze to death. The case focused on the attention of the death of an aboriginal teenager whose frozen body has been found. These cases heightened tensions between aboriginal people and the police. Suicide By Cop- Instances in which despondent individuals act in a manner calculated to force police to use lethal force The Right to Remain Silent- Suspects has a right to remain silent, and police officers must inform them of that right. They must also inform suspects that nay statements they do make may be used against them in a criminal trial. There are some exceptions: the right to remain silent does not extend to situations where it would permit a citizen to obstruct a police officer from their duties. Typifications- Constructs based on a patrol officers experience that denote what is typical about people and events routinely encountered Professional model Community based strategic model Administrative approach Centralized\hierarchical Decentralized with strong management and organizational support Authority Statue Community\statue Community Role Report violation of the law; Strategic partnerships, passive; no involvement in formalized by protocols and identification and response to agreements, which integrate crime and order into police operations Operational Force Crime and disorder Crime and disorder; national security, quality of life; fear of crime and disorder Operational Strategies Random patrol; reactive Targeted\directed patrol investigations; rapid response focused on hot spots; strategic partnerships integrated service delivery; intelligence-led policing; ongoing evaluation; problem-based deployment of personnel Typfications and recipe for actions are used to tailor a patrol officer’s decision making to the particular area and population being policed Warrant of Committal- a document issued by a judge directing prison authorities to accept a person into custody upon his or her sentencing An arrest is legal if it is an indictable offence and not a summary offence Chapter 6- Police Strategies and Operations The professional Model of Policing (1930s) - A model of police work that is reactive, incident driven and centred on random patrol o Based on 3 responses: random patrol, rapid response and reactive investigation o The central premise of random patrol was watch system- it is that the mere presence and visibility of patrol cars serve as a deterrent to crime and at the same time make citizens feel safer o In this model, any information that is gathered by the police is limited to specific situations and does not include an analysis of the problems that precipitate crime and social disorder (no analytical thinking) o Levels of crime are generally unaffected by increases in the number of patrol cars, quicker response time by patrol officers or the number of arrests made by patrol officers o It is how the police resources are allocated- affects levels of crime Community Policing (1980s)- Witnesses the re-emergence of an approach to policing that focused on the community. These beliefs highlighted the importance of the police being connected to, rather than apart from, the community and accountable to the community o A philosophy of policing centred on police community partnerships and problem solving o Community policing is based on the idea that the police and the community must work together as equal partners to identify, prioritize, and solve problems, such as crime drugs, fear of crime, social and physical disorder o This task requires that patrol officers be given the autonomy and opportunity to identify and address issues in their areas o The adoption of community policing resulted in the expansion od the police mandate and activities o it involves substantial changes in organization and delivery of police services, as well as an expansion of the roes and responsibilities of line-level police officers o Some evidence suggests that community policing approaches have affect on crime rates (violent and property crime) Community Based Strategic Policing:  After 9\11 terrorist attacks on the USA, police forces have been increasing pressure to focus on public safety and the security and to be more proactive in addressing threats  At the same time they were suppose to continue to strengthen the community st  It appears that a new model is emerging within the 21 century – post-community policing model that incorporates the principles of community policing while at the same time including crime response and crime attack strategies and a continuing emphasis on crime prevention  Community-based strategic policing- a model of police that incorporates the key principles of community policing with crime prevention, crime response and crime attack approaches  Operational strategic have been proven to be successful o Strategies:  Compstat- a strategy designed to increase the effectiveness and efficiency of police services while holding services while holding police personnel accountable for achieving crime reduction objectives  Crime data are analyzed to provide intelligence to officers on where crimes are being committed and who is committing the crimes  Environmental scans- studies designed to identify community, legislative, policy and other forces in the community that will result in demands on the police. A typical environmental scan involves gathering information on a number of factors external to the police service; and the impact of legislative and policy changes  Analytics and Intelligence-Led Policing- Is policing that is guided by the collection and analysis of information that is used to inform police decision making at both the tactical and the strategic level. Intelligence-led policing is one example of how police services use technology to generate information and to use departmental resources more effectively. The key to intelligence-led policing are crime maps; computer- generated maps of specific geographic areas that illustrate the incidence and patterns of specific types of criminal activity. This information can then be used to identify crime hot spots to which patrol and investigative units can then be sent. Challenges resistance within the police organization itself and the need to develop working relationship between crime analysts and police operations personnel, in addition there is an absence of published research studies on the effectiveness of this strategy, although it has considerable potential to be a component of crime reduction efforts. The community and the Police  A key attribute of policing in the early 21 century is community consultation and collaboration, the notion being that for the police to be effective, residents must be involved in identifying problems of crime and disorder and in generating solutions to those problems.  This partnership requires police services to develop strategies for community engagement, including outreach efforts to address the suspicion and distrust that may exist among vulnerable groups (Aboriginal peoples, visible or cultural minority groups and new comer groups  Strategies by police to do this: recruitment and use of volunteers in community police stations and storefronts, for and bike patrols, community police stations and storefronts, and team policing.  Team policing – (also referred to as zone or turf policing) – involves permanently assigning teams of police to small neighbourhoods in an effort to maximize interaction and communication with the community (patrol officers are part of community policing)  Ex- charitable events that not only raise money for important causes but also provide opportunities for officers to contribute to the community and to encounter community residents in a non-law enforcement capacity The Challenges in Developing and Sustaining Police- Community Partnerships  Community services have consistently found high levels of decline of public support for the police and the expectation that police services will engage in proactive, preventive policing and reactive, enforcement- related activities. Police often struggle to meet the expectations of the public  Certain segments of the community may hold less positive views of the police because of unrealistic expectations. Of all the agencies in the criminal justice system, community residents tend to hold the police most responsible for neighbourhood disorder  Research studies- police strategies in community involvement have increased community engagement  NETS- neighbour hooding empowering teams that focus on developing community partnerships and community capacities (implemented by the Edmonton Police Services). The goals are to prevent and respond to partnerships and community capacities. A key component of the NETs is the storefront offices to provide a police presence in the community Crime Prevention  Aimed at reducing crime, generating community involvement in addressing general and specific crime problems, and heightening citizens’ perceptions of safety.  The three main approaches to crime prevention are primary, secondary and tertiary prevention.  Police departments are most involved in primary prevention programs, although they do participate in secondary and tertiary crime prevention as well  Primary crime prevention programs: Programs that identify opportunities for criminal offences and alter those conditions to reduce the likelihood that a crime will be committed o They are aimed at property offences o Closed circuit televisions (CCTVS) are perhaps the most controversial of the primary crime prevention programs – surveillance society Secondary Crime Prevention Programs- programs that focuses on areas that produce crime and disorder o Providing secondary crime in Aboriginals communities have been proven to be a challenge for both police services themselves. o The crime prevention initiatives that have been developed to date fall into one of 2 categories: (1) programs that are part of an overall crime prevention strategy, developed by senior police administrators and implemented in both Aboriginal and non Aboriginal communities and (2) programs that are developed by police officers at the local level in collaboration with chiefs, band council and community residents. – These programs have been the most effective o The Six Nations Police (Ontario) operated PALS for high risk youth Police Legitimacy and Crime Prevention o An important issue in any discussion of the effectiveness of crime prevention programs in whether specific initiatives are effective in preventing crime, or whether the specific strategy or programs is being used to increase police legitimacy o Ex- DARE (drug abuse program) for high school students- research shows that they have little impact on drug use Challenges in Crime Prevention o The public often are not aware of police crime prevention initiatives- most residents do not know about these programs o There is a low level of community participants- only about 10% percent of household participate in crime prevention programs o People that are involved in these programs are often not the ones committing crime Confronting Crime and the Disorder In the Big Apple: “The Broken Windows” Approach (James Wilson and George Kelling)  Broken windows was a metaphor for neighbourhood deterioration and was based on the observations of patrol officers that if a window was broken in a building and not replaces, in very short order all of the windows would be broken  A broken window that remains in a place is a statement that no one cares about the quality of life in the neighbourhood, police force is neglected (the law enforcement can be described in terms of the broken windows)  While a broken window is a small thing, it triggers further neglect and results in the progressive deterioration of the entire neighbourhood  Thesis of broken windows theory- “ the existence of unchecked and uncontrolled minor incivilities in a neighbourhood produces and atmosphere of crime: Zero Tolerance Policing and Quality of Life-Policing  Zero Tolerance Policing- A police strategy that focuses on disorder and minor infractions; most often associated with the broken windows approach to policing a community  (Also referred to as confident policing, proactive policing, or community policing with the gloves off)  The key principle here is that a strict order-maintenance approach by the police in a specific area, coupled with high police visibility and presence with a focus on disorder and minor infractions, will reduce minor infractions  This aggressive policing in certain communities and neighbourhoods and are conducting racial profiling  Increased police visibility is a core component of quality-of life policing  Quality of life policing- police efforts to improve conditions in an area by targeting disruptive and annoying behaviour  A high visible of police presence may deter and alter criminal behaviour, increase resident’s sense of security, and increase the legitimacy of the police. Problem- Oriented Policing Problem- oriented policing (POP)- A tactical strategy based on the idea that the police should address the causes of recurrent crime and disorder  A central tenet of POP is the iceberg (or 80\20) rule, the view that crime (20 percent of the iceberg) is only a visible symptom of invisible, much larger problems (the 80 percent of the iceberg that lies below the water’s surface)  The SARA (scanning, analysis, response, and assessment) problem-solving model helps officers identify and respond to problems, with the assistance of various agencies, organization and community groups.  It involves identifying the problem; determining the cause, scope and the effect of the problem; developing a plan to address and solve the problem; and determining whether the intervention was successful  Problem solving is central to the RCMP’s CAPRA model- the letter stand for focusing on clients, acquiring and analyzing information, developing and maintaining partnerships, generating an appropriate response and assessing the intervention Crime Attack Strategies – proactive operations by the police to target and apprehend criminal offenders Examples: Tactical or Directed Patrol- involves saturating high-crime areas (or hot spots) with police officers, or targeting individuals engaged in specific types of criminal activity This plan may include areas that generate frequent hard crime calls- these hot spots are identified through intelligence- led policing and are plotted on crime maps Targeting High-Risk Offenders Examples: SHOP (Calgary Police Service Habitual Offender Program) – monitors the activities of offenders both during custody and after release in attempt to reduce serious crimes  Repeat Offender Program Enforcement Squad (ROPE) – Members of provincial, regional and federal police services, locates and apprehend criminal offenders who are unlawfully at large because they have violated the conditions of their release from custody, have failed to return to custody, or have escaped from correctional authorities  The Integrated Police Parole Initiative – this program places officers in the parole offices of the correctional services of Canada. This officer work alongside patrol officers to monitor the activities of high-risk offenders released into the community- in addition there is a component of reintegration of the offender  IPPI is a good example of terirtiary crime prevention- programs that focus on intervening in the lives of known offenders to reduce the likelihood of reoffending  The Toronto Police Service Anti-Violence Intervention Strategy (TAVIS)- Created to reduce the high levels of gun violence and to enhance public safety in high crime areas- its strategies include intervention, prevention, and community support and mobilization. A key strategy is building relationships with residents in at-risk neighbourhoods  In recent years, criticism has been directed toward TAVIS for allegedly engaging in over-policing of Black neighbourhoods.  Tavis provides a good example of how police initiatives may not only reduce levels of crime and violence but also undermine the legitimacy of the police among community residents Targeting Specific Types of Crime  The Bait car program is designed to reducing auto thefts and to apprehend offenders involved In committing this crime Community Notification:  Advising the media, crime victim and the general public when certain offenders are released from confinement. The increasing Use of High technology in Crime Response and Crime Attack -Police services are adopting new technologies to improve their effectiveness and efficiency -A key issues is how this technology will be managed to ensure that rights of citizens are protected, another balancing of the efforts to ensure public safety and security while protecting citizens rights Canadian and US police services are now using case study- Drones. Another potential uses of drones in policing are surveying accident senses, photographing crime senses, monitoring crowds, searching for lost persons and survelling suspected criminals -There are no regulations or legislation in Canada limiting how drones can be used by police (they can only be flxed at night) Crime Rates and Clearance Rates  Strategic plans of police services generally contain percentage targets for crime reduction, and annual reports highlight achievements in reducing specific types of criminal activity in the community  Clearance Rates—The proportion of the actual incidents know to the police that result in the identification of a suspect, whether or not that suspect is ultimately charged and convicted  Crimes rates suffer from problems of interpretation- does an increase in crime rate mean the police are ineffective? Does it mean they are catching more criminal?  In addition, much of what the police are asked to do by governments and communities, and, in some instances, are required by legislation and policy to do has little to do with crime rates  Further, not all policy officers work in the same types of communities: some communities are more crime ridden than others Crime Displacement - Crime Displacement- The relocation- because of effective crime prevention and crime response initiatives- of criminal activity from one locate to another - Instead of reducing crime, the program has just moved it. One way to reduce crime displacement is to implement crime prevention programs on a community wide basis rather than only in specific areas Additional Measure of Police Effectiveness -Reducing social disorder and providing reassurance to the community are equally important roles of the police, yet these activities re generally not measured -Additional measure of performance capture the multifaceted role of the police, including levels of community and victim satisfaction with the police and feelings of safety, as measured by surveys; the success of the police in achieving affective target hardening and problem solving; and the extent to which the police are involved in developing programs The Economics of Police Strategies and Operations: Are the Police Worth the Money? - A critical issue in Canadian policing is the debate over the economics of policing that is, whether governments can afford the increasing costs of the police services. - With crime rates dropping, the argument is made that policing as it is currently constituted is not sustainable - Research- investing in street level policing strategies (hot spot) can reduce the prison population while curb the increasing costs of the of corrections The police and Vulnerable or at risk groups -Mental illness (PwMII). A number of these encounters with police have ended tragically -31% of police calls the person had mental illness -Police officers may spend significant amounts of time waiting with PwMII to be admitted to hospitals. The number of incidents increased significantly when provincial governments failed to provide enough community based treatment programs and facilities -Officers face a number of difficulties with this people- lack of referral resources and the fact that many of these individuals cannot be apprehended under the mental health acts, as they do not meet the criteria of being a danger to themselves or other -Canadian police generally demonstrate high levels of benevolence and empathy towards these people while linking them with the services that they need Key points review: 1. The traditional (or professional) model of police work is based on random patrol, rapid response and reactive investigation 2. The community policing model is premised on the three P’s: Prevention, problem solving and partnership st 3. Community-focused strategic policing is the predominant model in Canadian policing in the 21 century 4. Compstat, environmental scans and analytics and intelligence-led policing are several techniques that are used in community focused strategic policing 5. Police services are involved in a wide range of programs and partnerships with the community, although there are often challenges in developing and sustaining partnerships Chapter 7 The Structure and Operation of the Criminal Courts  The criminal courts play an important, multifaceted role in Canada’s criminal justice system  There seems to mystery about what the courts do because the activities of the Crown and defence lawyers are much less visible than the activities of the police  Cases are more complex than ever as legal issues are more challenging – due to the Charter of the Freedoms  The courts are responsible for determining the guilt or innocence of accused persons and for imposing an appropriate sentence on those who are convicted. They are also responsible for ensuring that the rights of accused persons are protected  The principle of judicial independence is viewed as essential to the proper functioning of the courts. This principle holds that citizens have the right to have their cases tried by tribunals that are fair, impartial and immune from political interference  Canada does not have a uniform court system- this leads to considerable confusion when the provincial and federal courts are discussed  With the exception of Nunavut, Canadian jurisdictions have 4 levels of courts that deal with criminal cases: provincial and territorial courts, provincial and territorial superior courts, provincial and territorial courts, provincial and territorial Canada.  Nunavut has a unified or single level court (The Nunavut Court of Justice)  The cases most frequently heard in criminal court are impaired driving’s (11 percent), theft (1) and common assault. In the end, 3% is the acquittal rate The Provincial and Territorial Court System  The court system has 2 levels: provincial and superior  The provincial and territorial courts are the lowest level of courts; nearly all criminal cases begin with them  Their judges are appointed by the provinces and territories, which also fund these courts and have jurisdiction over them  Provincial and territorial courts judges sit without juries. These courts also hear cases under the Youth Criminal Justice Act and cases involving alleged offences against provincial or territorial statues Provincial and Territorial Specialized Problem-Solving Courts  In recent years, a number of specialized, problem solving courts have been developed that attempt to divert offenders with special needs from the criminal justice system.  These specialized courts include community courts, drug courts and mental health, among others  Problem solving courts- Specialized courts that are designed to divert offender with special needs from the criminal justice system  DTC (drug treatment courts) target the needs of persons with addictions who are in conflict with the law; mental health courts attempt to address the needs of persons with mental illness (PwMI) who came into conflict with the law  The three defining attributes of problem-solving courts are: o 1. A focus on addressing the underlying problems of offenders, victims, and communities o 2. Interagency and interdisciplinary collaboration o 3. Accountability to the community - These principles are complementary to those of restorative justice. Unlike traditional courts, these community- based courts have the potential to improve the quality in communities, increase resident familiarity with the court process, and increase community satisfaction with the response to persons in conflict Traditional courts Problem-Solving courts Adversarial and legalistic Therapeutic and restorative Anonymous and impersonal Personalized Little collaboration among criminal justice, social Collaborative service, and other agencies and community organization Offence focused Offender focused Sanction focused Problem Focused Generic supervision Individual supervision Minimal community involvement Community Involvement  The intent of these problem- solving courts is to shift from an adversarial or legalistic approach to one centred on treatment and rehabilitation.  The focus is addressing the underlying issues that contributed to criminal offending and developing an intervention plan to address the behaviour and the circumstances that contributed to it  Specialized problem- solving courts incorporate the concept of therapeutic justice- the use of the law and the authority of the court as change agents in promoting the health and well being of offenders while ensuring that their legal rights are protected and justice is done  Offender participation in problem solving courts is voluntary, but there is considerable variation among the courts in the types of cases that are handled, eligibility criteria, the sanctions that are imposed, the length and type of supervision and the involvement of justice, social service and community agencies.  Critics of therapeutic justice argue that it blurs the line between the enforcement and that there are coercive aspects of problem solving courts  Two examples of problem solving courts are drug treatment and mental health courts Drug Treatment  Drug treatment courts provide an alternative forum for responding to offenders who have been convicted of drug related offences  Offenders avoid incarceration by agreeing to abide by specified conditions. Including participating in a drug abuse treatment program and regular drug testing programs and regular drug testing  The traditional roles of the judge, prosecution, and defence lawyers are altered in the DTCs. Judges become active in treatment planning and in monitoring, rewarding and where required, sanctioning offenders, while defence lawyers and prosecutors work as a team in an attempt to address the addiction needs of offenders  Total abstinence from drugs is not mandatory; however to remain in the program, offender must report relapses to program staff and demonstrate a reduction in their level of drug dependency  This drug treatment court is still a court of law Diversion of persons with Mental Illness: The mental Health Court: (MHC)  Many people who come into conflict with the law have some form of mental illness  Once concern is that, in the absence of community based resources, persons with mental illness will be criminalized  Participation s voluntary and offenders must admit guilt Effectiveness: The courts appear to be most effective in reducing reoffending when the principles of risk, needs and responsively are followed -The use of specialized courts is unknown on minority groups Aboriginal Courts -Address the special circumstances of Aboriginal offenders; ensure culturally appropriate sentencing; reduce the numbers of Aboriginal persons in confinement -Evidence that Aboriginal courts result in more detailed documentation on offender, but absence of evaluations precludes a determination of their effectiveness. Increasing rates of incarceration of Aboriginal offenders are cause for concern Provincial and Territorial Circuit Courts - In many northern and remote areas, judicial services are often provided via circuit courts - Circuit court parities, composed of a judge, a court clerk, a defence lawyer a crown counsel and a translator, travel to communities to hold court - Concerns about the circuit court system include lengthy court dockets resulting from the backlog of cases; time constraints on the court part, which often preclude effective crown and defence preparation and result in marathon court sessions; shortage of aboriginal interprets; general difficulties arising from cultural differences - Circuit judges often face a difficult decision; should they remove the convicted from the community? – Elders participate in the court decisions The Provincial Territorial Superior Courts - The superior courts are the highest level of courts in a province or territory and are administered by the provincial and territorial government; however, superior court judges are appointed and paid by the federal government - Superior cou
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