Textbook Notes (368,125)
Canada (161,663)
Criminology (615)
CRIM 210 (37)
Chapter 8

Chapter 8 – First contact.docx

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CRIM 210
Graeme Bowbrick

Chapter 8 – First contact: police and diversionary measures After the police determine whether the crime has occurred, the police or the crown has the option to divert oyouth fro the courts through extrajudicial measures through the YCJA. The ycja has strengthened the provisions for diversion immensely when compared to the JDA or YOA. Police contact and decision making -young persons criminal involvement may begin with police, parents, school authorities or by the victim. Many come to the attention of the police through compaints. -Police have discretion in making decisions how to proceed. In fact the YCJA requires a police officer to consider whether a warning or caution is enough. -An individual officer has the power freedom to choose from a number of courses of action including:
 1. issue a warning (formal/informal) 2. Arrest and hold the person in custody 3. Take the young person to the police station for questioning 4. Write up a report before the release 5. Charge the youth 6. Release the young person with conditions. 7. Refer to diversionary program 8. Hold in detention max 24 hrs. Police surveillance of youth is disproportionately higher compared to surveillance of adults. However more youth are being given warnings. Why are some youth charged and some not? -comes down to legal and extra legal factors (factors outside legal aspect) associated with police discretion. Legal factors refer to the legal requirements or things generally considered relevant to CJS, extra legal factors are things that are not relevant to justice decision making. (ie. Colour of skin, is an extralegal factor). Police charging is not only about the seriousness of the offence, but also about other factors. Prior police contact increases chances of police charging youth. If there is any negative prior contact with the police, this would increase your chances of arrest in the future as opposed to receiving a warning. Certain “types” of youth are often arrested as per a tendency of police. A major decision from the POV of the youth is whether police release them with a promise to appear and where a violation of that would result in additional criminal charges of failure to comply. Extralegal factors -race  it is difficult for police to separate these factors, minority youth are more likely to be arrested. Blacks have a higher arrest rate because there are rarely any complaints to ask for leniency. The victims request is also an important factor in police charging. More than half of the police in a survey said victim preference was an important factor in their decision to lay a charge. Many say that racial bias in justice system is t
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