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Criminal Justice System - Exam Review !

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CRIM 2652
Scot Wortley

CRIMINAL JUSTICE SYSTEM EXAM REVIEW Lecture #6 thPolicing October 11 , 2012 Policing vs. The Police - Policing: the act of maintaining and reproducing social order Ex. professor polices the classroom it is everywhere, informal efforts - The police: institutions or individuals given the right by the state May use coercive force in order to maintain and reproduce social order Historical Overview: 1) Pre-modern Policing: - Pre-Industrial England: Agricultural Kinship-based Roots in England, agricultural based - Policing as a part-time, volunteer and communal responsibility Communities policed themselves no formal police took care of self + kin Hue and cry (13 century) alarm system; see a crime, alert others Tithing: group of 10 patrolling certain areas/times Night watch locals/ specific roles, more focused and organized Informants: present their suspicions to the sheriffs watch and ward more formalized than hue and cry Specific members of society under instruction and constable thief-takers offer to catch villains for a price Problem: sent people to steal things, get paid, shared the $ These were all locally organized, non-formal forms of policing - Industrial Revolution (18 and early 19 centuries) Urbanization, kinships breaking down ties, corruption, ineffective Bow Street Runners uniforms, paid by Gov. thief-takers - British concerns about a police force: Bourgeois fear of centralized power, threat to civil liberties (fear from above) Uprising class have money dont want to be controlled by Gov. Working class fear of control of dissent, political repression (fear from below) Police = class control 2) Emergence of the Peel Model of Modern Policing: the new police - Metropolitan Police Act, 1829 Father of Policing - Paramilitary: Body of men, hierarchically organized Allegiance to senior officers Influenced by central government; operate according to legal rules and procedures Uniformed to distinguish from the citizens - Peels Vision: crime prevention primary function Various forms of theft, prostitution, etc. Models of good conduct to everyone, no bias - Peels Principles of Law Enforcement Impartial service to the law (not class interests) Professional distance Principle #7, Peel Represents everyone, even the ordinary (citizens of every race/ sex) Chosen carefully appear accountable to law, government, and community 3) The Traditional/ Professional Model of Policing (20 Century) - Shift from crime prevention to crime fighting model: The 3 Rs: random patrol, rapid responses and reactive investigation - More detached from communities Got too close? = corruption; therefore, must adapt professional, detached manners - Emergence of patrol cars, 2-way radios New technologies (cars) = advanced police work - From a more preventative model to crime apprehension Replaced by reactive strategies (ex. 911 calls) - Police as gatekeepers of the CJS the front-end of the system Professional Police Model - Hierarchical, para-military model - Focus on crime control, arrests Using both formal and informal methods - Police Sub-culture: thin blue line (them/police vs. us/society) Necessary autonomy Cultivated aloofness and authoritarianism Challenges to the Traditional/ Professional Model 1. Police relations with radicalized populations Became more strained/ isolated unresponsive Critics: 911 calls are useless, waste of money Hiring more officers of different races not the best solution possible 2. Ineffectiveness (ex. crime reduction) Assumption that more officers, street patrolling = more arrests; less crimes Not that simple to reduce crimes 3. Fiscal Crisis/ Cost Effectiveness Contemporary Police - The relation between the 3 government: 1. Federal Government authorizes police, esp. power to arrest 2. Provincial Gov. administer policing (ex. Ontario Police Services Act) 3. Municipalities may establish local police forces, or contract with province or RCMP Contemporary Polices Duties 1. Crime Control Police duties that directly relate to crimes = 10% 2. Order Maintenance Usually no charges/arrests keep peace (Ex. noisy parties, drunkenness) 3. Social Service Ex. control traffic, look for missing persons, spokesperson at schools, etc. - Consensus: maintaining order = part of law enforcement/ general protection Always available, responses for help - Conflict: law enforcement is about maintaining a (particular) order; Who gets protection, who gets ordered? - Reactive and Proactive Policing Police Powers and Discretion - Organizational imperative - Political question Ex. resources how do we prioritize the resources we have? - Police prioritizing certain cases - Laws deliberately discretionary Ex. laws must be general cannot be worded too specific allow discretion - Principle of Constabulary Independence (Ontario): Legal test for laying charge officer has reasonable grounds to believe suspect committed a crime However, police are not obliged to lay charges Why is understanding Police Discretion important? - Because the police are our gate-keepers - Affects who comes into the funnel/net and how - Concerns raised factors and beliefs that influence the use of discretion: Police stereotypes: they are discriminatory, have targeting strategy Controlling Discretion - No legislation governs police discretion, only policies - Criminal Code encourages discretion Officers may arrest not must - Police accountability Political, legal (law/courts), administrative (complaints/human rights), public (freedom of info/ media), Ad Hoc measures (specific organization/public issues) Due Process/ Crime Control and Police Powers - Impact of the Charter (1982) - Use of Force authorized by the Criminal Code (s.25) Performing a duty that they are required to do Reasonable grounds use as much force as is necessary Police are responsible for excessive use of force - Taser as less lethal or lethal? Impact of hand held recording devices on police accountability: Ex. the case of Robert Dziekanski immigrant at airport, unable to properly communicate with RCMP tasered him 5 times before he dropped to this death ONLINE READINGS: - Andrew Goldsmith, Policings New Visibility - Centre of Police Accountability, Counter Surveillance Video Project
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