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Midterm

Crim Justice - test 1.docx

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Department
Criminology
Course
CRIM 2652
Professor
Amanda Glasbeek
Semester
Winter

Description
Professional Police Model/3R’s - Random Patrol – patrol cars and watch system, which makes citizens feel safer, Rapid Response, Reactive Investigation - slow, reactive, fallible, distancing - not effective and patrolling officers are rarely present - reliance of technology is not relying – computers and such, can increase the distance of the crime - Citizen response time as key - new models of policing have emerged, closing the gap between the police and the community - need to develop community relations - Reactive rather than proactive - Effectiveness? - to place more officers on the street Blindfolded Maiden – (1) Virginal: untouched, untainted, pure, (2) Blindfold: blind to Difference, (3) Weighing Justice: to balance justice; race, social network, status does not matter to her - official version of law; these ideas hold our system together to tell us what our system is about Bow Street Runners – London‟s first professional police force; they were similar to the “theif- takers” men who solved crime for money; – wore uniforms and their authority was paid by the majestry; they don‟t patrol looking for crime; their jobs were to arrest people and their authority can extend beyond the community and where they started) and “the police” – not professional police forces; Police force took a long time to emerge in Britain – police force does emerge earlier in other European countries Civilian Oversight – police monitoring over the civilians Community Policing - Meant to restore policing to a community function or to ensure that the police maintain contact with and accountable with their daily practises with the community that they serve; Community policing is a vague term with no specific meaning, Community policing is in the eye of the beholder – whatever people mean in the concept is now the predominate approach in society – it‟s not a thing but an organizing principle – it‟s a declaration of goals or a way of setting priorities or values for the police – the goals are to prevent crime and enhance the quality of life but the focus of community policing is the accountability; this is supposed to be achieved through a partnership of the key community - i.e. neighbourhood watch programs – neighbours set up programs in alliance with the police to try to prevent crime; foot patrol – putting police back to their feet instead of their cars co- producing safety where the community and the police could work together - partnerships/balance between police and community - the citizens are suppose to be the first line of defence and the police respond to problems that are identified by community matter - community defines the problems and how police response - police should be prepared to take directions from the community – Laten refers to the shift, from the thin blue line to the thick blue line - stresses policing for and with the community to make the police more accountable Crime Control Model - focuses on the cjs as a way of protecting society through reducing the amount of laws – presumption of guilt; to get rid of the not guilty ones and to keep the guilty ones in; the ones who made it to the trial stage should presume as guilty – presumption of guilt is descriptive and factual – mindset of agent in the system; funnel works to ensure that only those who are probably guilty remain in the system; ASSEMBLY LINE: speed + efficiency + uniformity + routine =JUSTICE; police and prosecutors; focus on society rather than protection Due Process Model – presumption of innocence – we must always perceive that each factor may make mistakes; make sure that those in the system are processed properly in the system – quality control: reliability OVER efficiency; assumes human error; Courts, Defence and civil rights - They both operate in the Due Process Model Critiques of Funnel – it is flawed; (1) does not tell us where crime comes from; instead it only looks at how many cases that‟s brought into the system and how many afterwards; only assumes a fixed universe of crime; disregards the political nature of crime; some theorist thinks that there are no fix figures of crime; if the funnel worked, system would be full of serious offenders should be the ones who stay in the system; the vast majority of imprisonment in Canada are for minor theft, those who stay in the system are the ones with the least resources – the poor; reduce loss to protect society; balance CCM and DPM Crime Net – fishing for certain fish; control certain types of people; “Just as the fisherman does not cast his net randomly, neither do the police” – p. 98; no “loss”; ideological circle – the arrest and prosecution of certain criminals creates a problem – like shoplifting crime more so than white-collared crime; CJS is not impartial; taking out the good guys during the process; catching the bad guys Crime Funnel – filtering out the bad guys; people get funnelled out and doesn‟t get to the municipal court; this occur throughout the system; The image of a „funnel‟ refers to the much lower number of crimes detected and punished by the criminal justice system than the number actually committed. This model implies that crime is an objective occurrence; it is thought to exist in the qualities of certain acts without needing to be recognized, identified and officially responded to. This is what is called a „realist‟ assumption about crime. Civil vs. Criminal Law - Civil law (1) civil law and common law – British inherited; (2) civil law – everything is written law (3) law that is non-criminal; other bodies of law; pg. 15/16 – Griffiths - Objectives – while other forms of law are more focus on compensating when harms done, the criminal law is focused on punishment – power should not be underestimated – prosecutions are not done by individuals but are done on behalf of all of us - Civil Law: compensation Criminal Law: punishment - Whether our crime is interpersonal or not, are irrelevant – they are taken into the criminal justice system on a public interest - Criminal justice system generates our sense of equality and we give up our freedom to punch our neighbour in exchange for our freedom to not be punished randomly - Erosion of democracy in the courts – public increasingly removed in direct participation in justice system b/c we are taking up impersonally by others - Public itself gets excluded by the criminal justice system – Power of the state to use force and deny freedoms – Nils Christie (1977): “conflicts as property”; experts as “structural thieves” – argument talks about our population are supported by the police but are less supported in the courts etc - We‟re more likely to encounter police officers than judges – we can relate to police officers than judges and it‟s committee Discretion - Police Powers and Discretion - an organizational imperative – there are too many offenses for the police to control and in the context of fine resources have to prioritize on how they‟re going to apply resources - Political question re: resources - Police prioritize cases - contribute to the decision of when the police does make an arrest that they have the power to do so (i.e. power to arrest) - the freedom to choose between different options when confronted with the need to make a decision Morality play - casting, direction, sides; backstage mechanism: the moral of the story; what is it that we‟re suppose to see; what story does law tell about itself; law often appears as if it‟s outside of social life; regulates and mediates social life; the queen wears white gloves if it was a light case, the queen wears black gloves if there was an execution; all entertainment; people goes to court to watch the “entertainment” Sir Robert Peel: Metropolitan Police Act 1829 (Bobbies) - careful of how he crafted the force; he modelled the uncertain principles – most important: the police were specifically identified for legal reasons - law legitimates police (it‟s the law that legitimates police) - impersonal authority (derived from legal powers) - pg. 125 “Police were quote to seek...” enforce the laws to not abuse it - Police are kept out of politics and they could not vote until 1885 - they were recruited from outside of London, Britain - they also wore uniform to separate them from citizen; highly discipline and clear rank/hierarchy and obedient to authority - military model of order - they must appear at all times models – not allowed to go to the local pubs - they were explicitly to maintain a pleasant and civil behaviour to anybody they encounter - page 124-125 “Principle #7 – Police are the public and public are the police...” – sums up what Peel‟s trying to achieve - Summary: origins of a full time professional paid force, relatively new and crafted and developed to carefully managed and ensure that they are seen as broadly accountable and mutual – in principles this is how police are organized - new lines of accountability of police through states and laws and not through communities - prevent crime and maintain order – NEW MANDATE (equal protection of everybody) - The Police – professional police force that appeals to these kinds of principles – modern term - Policing – has a longer history Official Version of Law 1) Adversarial System - two parties who have a dispute - the law is where we go to find truth among the two - task of the judge is to hear all sides of the story and to make a determination based on the arguments and the evidence which have been presented - judiciary must be a neutral party 2) Separation of Powers (legislature and judiciary) - maintain the first point - judiciary – neutral empires - different ways of achieving answers - maintain the greatest interest of judiciary; public chooses the judiciary - judiciary are accountable to the public - we appoint our judges b/c we want our judges to be noble; pursuit of justice – 10 years of life 3) Rule of Law - most important - everyone is equal subject to the law - law will treat everybody equally - equal impartiality of the law is the foundation in society - chief measure of inequality: for some people 4) Legal Method - cases must be decided on fact not on values - ensure that the application of the appropriate rule will reveal the truth - we will have a set of common rules - scientific method – value free, neutral, objective set of rules to be tested to arrive at a verdict - Stare Decisus/Precedent – stand by legal matter or the rule of precedent; like cases must be treated alike; b/c we have a set of laws to be fair - Decisions Flow Downwards – all decisions flow downwards so once the supreme court has decided on a particular rule, every court below it must follow
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