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Chapter 1-6

CHapters 1-6

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Sociology 2253A/B
Jennifer Silcox

Studying Criminal Justice 9/18/2013 9:28:00 AM Chapter 1: Studying Criminal Justice Criminology and criminal justice: criminology interested in how and why crime happens why someone commits the acts motives, etc (studying biology psychology and sociology of person) criminal justice interested with what to do with criminal activity once it has occurred interested in how to rehabilitate an offender in jail and how to bring them back into the community after being released main role to prevent and control crime so they can maintain and promote justice both rely on work and expertise of each other ideology: a system of beliefs or assumptions about the correct or proper order of things particularly with respect to morality and political arrangements; a value system that shapes a person’s position on specific issues Criminal Justice: Areas of study and key players field of criminology can be broadened by studying various institutions involved that fall within one of the three general areas of criminal work: POLICING various police services in Canada e.g municipal, provincial, and federal levels of policing, community based strategies such as first nations police service, surveillance and investigation teams, and forensics courts centers on the criminal law and its procedures involves lawyers, judges and their research teams, bailiffs etc corrections largest areas of research and focuses on procedures and institutions of imprisonment in terms of assessment treatment, rehab, and reintegration of offenders. corrections officers, security personnel, and prison admin workers post incarceration workers include parole officers, drug abuse councilors, and mental health workers neighborhood outreach groups How Do We Come to Know What We Know About Crime and Criminal Justice? crime constitutes significant portion of news portrayed in the media where it is usually exaggerated police are usually seen as the “fighters of war” on crime shows viewer than crime must be fought rather than prevented Thinking Critically About the Issues “the business of criminal justice is forcing people to do what they don’t want to do, on the basis of threat of pain, physical harm, or those counties which still have capital punishment”-Sherman few people think about social and ethical responsibilities of studying criminals or entering the profession when they do enter the system Sherman describes that they result in a “substantial reality shock” (page 11) How Much Crime is There? Debunking the Myths societies response to crime is frequent in the media although policing, court systems, and correctional facilities are usually left out of the picture since 2009 crime rate has dropped declined 5 percent crime rate has been declining, now lowest since 1973 homicide rate has fallen 1.62 to 100,000 members most statistics reveal that the incidence of homicide was below the national average in Canada’s three largest cities: Toronto, Montreal, Vancouver Thunder bay has highest crime rate followed by Saskatoon and Regina Crime Severity Index (CSI) introduced in 2006, also gives weight for the offense based on the average sentences handed down by the courts as result in the calculation of the sum of the weighted offenses such as murder will have a greater impact on changes in the index from year to year Unreported Crime: The Dark Figure crime rate of well being of Canada falls under the category of security self-reports studies are useful given their ability to provide data on crimes that are not reported to the police and are omitted from national measurements of crime dark figure of crime: unreported crime (GSS) General Social Survey began 1985 and runs every five years one of the largest sources of data about unreported crime which targets people 15 years and older in 2009 survey estimated 7.4 million Canadians were victim of crime within 12 months self reported rate was unchanged since 2004 Stockwell Day, federal cabinet minister claimed 2010 that 88% of sexual assaults go unreported but this number came from GSS which asked the question “During the past 12 months has anyone ever touched you against your will in any sexual way (Page 17) Crime Rates Versus Fear of Crime - Who Are the Criminals? attrition: the filtering process that criminal cases undergo as they move through the criminal justice system Could You Identity the Criminals in Canada Today? Behind The Blue Line: History A BRIEF HISTORY OF POLICING th - in European context no early law enforcement prior to 19 century - emperors defended their power and those who did not comply dealt with the wrath of their armies THE TITHING SYSTEM - Alfred the Great ruled over Anglo Saxon England said they would provide security for subjects in exchange for loyalty and obedience - Alfred ordered landowners to provide protection for workers - ordered groups of ten people to watch over neighborhood called tithing’s and if they saw something they would raise awareness by raising a hue and cry or alert the group by ringing a bell for example - shire-reeve was the name of the sheriff THE FRANKPLEDGE SYSTEM(1066) - William the Conqueror adopted framework of Anglo-Saxon tithing system but called it the Frank Pledge  system required citizens to pledge to uphold the law and take responsibility for the conduct of all members within the group  reduced responsibility of sheer-rives to dealing strictly with law enforcement  Judges appointed courts were formalized  A ”court tourn” developed where a group of people could hear cases  For serious crimes 12 people selected from tithing to hear and investigate cases (origin of jury system) - in some communities courts were established to handle matters more local in scope and interest without having to involve the court tourn, was headed by comes stabuli (horse constable who now is constable) constable: lowers rank of office held by a sworn police officer THE STATUE OF WINCHESTER (1285) - statue of Winchester created a code outlining police practices and introduced the concept of rural policing using the parish system to identify areas of police jurisdiction  justices of peace were introduced taking role of sheer-rives  watch and ward, watch-night ward-day jurisdiction: the authority given to a police service to carry out law enforcement responsibilities within a defined geographic area (e.g. Provincial vs. federal) - industrial revolution spiked crime rate SIR ROBERT PEEL’S VISION (1829) - after spark in crime the England government considered the French gendarme system though rejected because too closely resembled military system - in 1829 the Metro Police Act was introduced creating first major British police organization for the City of London - Sir Robert Peel long considered father of modern day policing  two slang terms for police officers, bobbies and peelers  established 9 guiding principles that would set out priorities for newly formed police  primary focus was prevention of crime and disorder peelers: in Ireland bobbies: England - some criminologists argue that the only way to prevent crime is to eliminate laws POLICING TODAY CIVILIAN OVERSIGHT The success of a police agency is usually measured in two general areas:  The local crime rate  The ability of the organization to successfully investigate and prosecute crime - by examining local crime stats admins can evaluate how effective they are year to year - there are two basic questions that police services board members will ask of administrators seeking budget increases: o will a sustained or increased public investment ensure the prevention or reduction of crime o would the public support such an investment? - first question point Peel’s 9hprinciple: “The test of police efficiency is the absence of crime and disorder, not visible evidence of police action in dealing with it” - second question reflects Peel’s second principle: ”The ability of the police to perform their duties is dependent upon the public approval of police actions” COMMUNITY POLICING th - 7 principle: suggests that police are citizens first and though they have additional authority they should not lose sight of their place in the community - as offenders became more mobile, so too did they police in order to keep up  spend more time in cruisers than interacting with public THE REALITY OF POLICING CANADIAN POLICE JURISDICTIONS AND RESOURCES - number of active police in Canada has never been higher  result of both an increase in population and a need to ensure adequate police resources  stats show there are 203 police officers per 100,000 citizens sworn members: members of a police service who have the full legal authority as police officers as defined in law. These officers have successfully completed the required training and have sworn an oath to uphold and enforce the law and to carry out their assigned duties - in Canada police get their jurisdiction mandate from the level of government they are serving RCMP: (Royal Canadian Mounted Police): agency of federal government through ministry of public safety Canada  Canada saw need for federal police force and in 1873 created the RCMP originally called NWMP Paramilitary: having features in common with a military organizations particularly in training and the organizational structure or chain of command Chain of Command: the hierarchal structure within a military like organization. In a typical police service, the lower ranks are the non- commissioned officers from constables to sergeants and staff sergeants Commissioned: a high authoritative status conferred on OPP officers, usually in recognition of their leadership and management abilities Policing Strategies and Operations POLICING STRATEGIES Reactive policing: policing strategy whereby police officers respond to calls for service either while an offence is in progress or after it has been committed  When not in call they patrol their areas with the intention of discouraging crime from occurring Proactive policing: a policing strategy whereby police officers identify and respond to emerging problems, with the goal of preventing crime from occurring  Commonly employed in Canada today are problem oriented policing community policing, and intelligence-led policing PROBLEM ORIENTATED POLICING  A proactive policing strategy whereby police focus on the problems that form the basis of crime  Problem typically encompasses a collection of incidents that have certain elements in common such as the type of offence, location, time, etc. i. Police analyze situation and defining problem ii. Next police generate all possible responses and consider each one so as not to exclude any that are potentially useful COMMUNITY POLICING - a proactive policing strategy whereby policing work in partnership with the community to identify and analyze policing problems, determine policing priorities, and implement responses - enforcement is balanced between problem solving and preventative measures CAPRA: A COMMUNITY POLICING PROBLEM SOLVING MODEL - to help deal with incidents police have long relied on problem solving model, SARA: scanning-analyses- response-assessment - CAPRA was established by RCMP that took SARA further -page 73 INTELLIGENCE-LED POLICING - a proactive policing strategy whereby police make strategic and tactical decisions based on intelligence intelligence: information about suspects, their associate, and criminal activity that is gathered and analyzed in order to prevent crime  typically applied to large scale models such as terrorism etc. crime analysis: those who collect, organize, and analyze data from police documents, and other law enforcement sources. They produce maps, groups, and reports that assist in identifying suspects crime patterns and trends, as well as the allocation of police resources POLICING OPERATIONS - techniques used by officers to carry our the strategies of their agency  these techniques have evolved over time in reaction to changes in society and the nature of policing KEY OPERATION PATROL - foundation of policing operations targeted patrol: a policing operation in which officers monitor specific location that have been identified through crime mapping and analysis or problem-solving processes as places where offences are occurring or are likely to occur preventive patrol: a policing operation in which officers randomly monitor areas to discourage crime The Legal Powers of the Police - there are a number of legislative frameworks that define the roles, power, and responsibilities of police organizations adversarial system: system of justice in which cases are argued by two opposing sides, the prosecution and the defense both of which are responsible for fully and forcefully presenting their respective positions; cases are heard and decided by an impartial judge  Canadians struggle to balance the competing imperatives of crime control and due process without compromising the rights of the accused persons without unduly limiting societies interest in solving crimes and convincing the guilty  5 competing models of criminal justice, or normative value positions: o crime control o justice o welfare o community change o restorative justice SAFE STREETS AND COMMUNITY ACT (2012):  Eliminating the use of conditional sentences (house arrest) for serious and violent crimes  Imposing mandatory minimum sentences for certain sexual offences  Imposing tougher penalties for specific drug offences, such as production, and possession of illicit drugs for the purposes of trafficking POLICE POWERS TO DETAIN AND ARREST CHARTER CONSIDERATION o Enactment of charter has profound impact on the legal powers of the police and has placed limits on what officers can do when investigating o Two concepts important when considering arrest:  S.9 prohibits state agents from arbitrarily detaining or imprisoning individuals(must have valid reason)  s.10 everyone who is arrested or detained has the right to be informed of their right to legal counsel and to retain and instruct counsel without delay DETENSION  police cannot be said to detain within the meaning of the Charter every suspect they stop ARREST  officers can make arrest on various circumstances (preventing commission of criminal offence, compel attendance of accused in court, and to end an offence against public order, such as causing an unnecessary disturbance(disturbing the peace) arrest: taking or keeping of a person in custody by legal authority especially in response to a criminal offence arrest warrant: document signed by judge or justice of peace authorizing a police officer to apprehend a specific person for specified reason and bring that person before a justice of peace  if justice of peace agrees that “there are reasonable grounds to believe that it is necessary in the
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