Sociology 2267A/B Chapter Notes - Chapter 8: Young Offenders Act, Harm Reduction, Open Society
30 Apr 2018
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Chapter 8- First Contact: Police and Diversionary Measures:
Introduction:
• Police/ crown have option most provs divert youth from courts through extrajudicial
measures provisions in YCJA, practice dating back to JDA era that was first formalized
through alt measures provisions YOA
• While YOA provided for diversionary progs and regulations around their use, YCJA also
encourages police to consider issuing a warning first-time off involved non-violent off=
additional level diversion
• Diversion- practice based on the philosophy that justice, rehabilitation and reintegration
are better served by keeping most people out of formal justice system
Police contact and decision-making:
• Majority youth crime comes to attention police through complaint
• Discretion- decision-making power that police and other criminal justice personnel (eg
judges and crown prosecutors) have to make decisions w min legal requirements
• Individ officer has power, freedom and autonomy choose from number courses of action,
including:
o Issue a warning (formal/ informal) to young off about behav and then let go
o Arrest and hold youth in police custody (parents/guardians must be notified)
o Take young person to police station for questioning before releasing
o Write up report before release
o Charge w offence
o Release young person w conditions
o Some provs, refer divisionary prog/ youth justice committee
o Hold in detention (max 24 hours) for further judicial processing, beginning w bail
hearing
• Police surveillance youth disprop high comp surveillance adults- most cases involving
youth handled informally but YOA did result in dramatic increases in formal charging
young off suggests sub decrease use discretion by police w youth
• 2011-2012 56% accused youth processed informally by police- most verbal warnings and
remaining few ref comm-based prog/ agency, formal cautions/ formal referral to
diversionary progs/ committees
• Legal factors- legal requirements/ things gen considered relv/ pertinent crim justice
matters ex: seriousness of offence
• Extralegal factors- not nec/ usually considered legit/ relv justice decision-making ex: skin
color (hold pretrial detention b/c skin colour discrim/ even illegal)
Legal factors affecting police discretion:
• Seriousness of offence and prior arrest records influence police decisions to lay a charge
• Most imp consideration laying charge seriousness offence; whether weapons involved
and extent harm/ damage done close seconds
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• Cases where youth involved in offences led to hospitalization/ death of victim, only half
resulted in arrests/ charges
• Sexual assault= 55% resulted charges, 58% B & E and motor vehicle thefts resulted
charges and 90% bail violations and 70% obstruction police officer but only 50% theft
over $5000- relying only on seriousness off not take v far understanding factors lead
police charging
• Another important factor= prior police contact- equally imp is youth’s display
responsibility and remorse- if extrajudicial measures suff hold youth accountable
• Police more likely detain youth who have prior convictions and have previously breached
probation order (used to det seriousness off)- didn’t differentiate b/w record for crim
offence/ for diversionary measures
• Major decision from pov youth whether police decide detain them/ release them w
promise to appear/ undertaking specific conds, violation result add crim charges failure to
comply
• Conditions include remaining in specified territorial jurisdiction, abstaining from alch
and drugs, reporting specified times to police officer, as well any other cond police
considers nec
Extralegal factors affecting police discretion:
Race:
• Both legal and extralegal factors rel race- being minority race may very well be more
important factor than having police record-prior record any kind primary sig lay charge
(minority youth more likely be arrested and have record)
• While race differential in police processing is clear, reasons for it are not ex: whether
case proceeds court has a lot to do w complaints and wishes- African American youth
may have higher arrest rates b/c complaints less likely ask for leniency in their cases
• More than half (56%) police reported victim pref imp factor in decision lay charge
Demeanour and race:
• Youth’s appearance and att and how youth behaves w police officer will infl how officer
will use their discretion
• Youth fit stereotypical image del- disrespectful, uncoop/ defiant manner- more likely be
arrested and police see African American youth more threatening and hostile other youth
• Young people, regardless of color, believe that black youth focus police harassment
• Black feel motto some police officers may as well be “to harass and oppress”
• Aborig youth have more charges laid against them, most likely be held in detention prior
to court and more likely denied bail- live places high levels policing= increase chance
arrest and relationship b/w neg att toward native peoples and fear of crime
• Charge rates sig higher for aborig youth than non-aborig youth- all else being equal,
aborig youth 12% more likely be charged by police than non-aborig youth
The evolution of the racial profiling debate:
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• Racial profiling- exits when racial difs in law enforcement surveillance activities cannot
be totally explained by racial difs in crim activity/ other legally relv factors
• 10 years ago, police spokespeople maint racial profiling not an official/ even informal
policy/ practice, most officers didn’t use/ accept racial profiling and incidents do occur
result individ off acting own beliefs- dif substantiate b/c no off fed stats on race and
crime b/c human rights orgs obj collection justice stats by race
• Black students more likely stopped by police, Asian and south Asian less likely stop
police and students coming from poor fam backgrounds, single-parent homes/ public
housing also more likely report being stopped by police
• Black youth 4x more likely stopped by police and aborig youth 1½x more likely
• Blacks more likely view racial profiling as major prob in CN, while white and Chinese
view it as useful crime-fighting tool
• Police cult offers deflection rhetoric to neutralize claims racial profiling, view basically
sees profiling as integral part police work (how deny exist despite strong evidence does)=
crim profiling not racial profiling
• Carding- refers Field Information Report (FIR), form 308, compiled by Toronto Police
officers through street checks, whereby individs stopped as pedestrians/ in their vehicles
and questioned about personal info- info stored in police database indefinitely
• 2013 FIR changed to Community Inquiry Report, Form 306 (issue receipts time stop)
• Black people 3x more likely stopped and carded than white people and young black men
15-24 stopped and doc 2.5x more than white youth same age and more likely be involved
in street checks when no arrests made
• Difs b/w black and white carding rates highest in more affluent, mostly white areas of
city= out of place phenomenon
• African CN Legal Clinic maint CIR useless accountability tool b/c doesn’t contain info
about race
• Number young black Ms carded exceeded TOs young black M pop and 62% increase
since 2005= carding become major human rights and public issue w implications across
country
• Issue escalated beyond individ police forces and Human Right Tribunals to class action
law suits in the Superior Court of ON that include Province of ON as defendant
• Issue begins w CN gov unofficial ban on collection/ dissemination race-based crime
stats- w/o any stats no way examining system for racial disparities and no opp address
racial bias and discrim and courts and police not accountable b/c able deflect allegations
racism
Explaining disproportionate minority contact with police:
• Fitzgerald and Carrington (2011) examined research on disprop minority contact w police
and point out 2 dom explans:
o Differential involvement- refers disprop minority police contact b/c of frequent
crim activity, involvement in serious crime/ persistent crim off
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