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Final Flashcards

1
Q

Criticism of Police

A

Criticism for not meeting contemporary societal needs - inadequately addressing cyberbullying (Amanda Todd, Rehtaeh Parsons), activism by groups like Anonymous, vigilante groups (Creep catchers), and cases involving Indigenous women

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2
Q

Negatives of the top-down approach

A

Overlapping responsibilities and inefficiencies
Limits personal initiative withing police departments

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3
Q

How is Police Efficiency Measured

A
  1. Response Times
  2. Arrest Rates
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4
Q

Response Times

A

Influenced negatively by the longer it takes for citizens to call them
Management Strategies:
Demand/differential response
- The way calls are treated by diff departments
- In Calgary, recently, all emergency services were centralized

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5
Q

Arrest Rates

A

Not an ideal measure - crimes are underreported, arrest that doesn’t happen don’t always result in prosecution
Some officers are over vigilant and try to “meet quotas” while other officers might be more lax

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6
Q

Clearance Rates

A

An alternative measure to dealing with hot to assess officers
- Taking case to its logical end based on the evidence
Doesn’t really work either

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7
Q

Other Ways of Measuring Efficacy

A

Identify the # of arrests that followed through to prosecution
Evaluate fear reduction by an officer - How well can a cop make people feel safe

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8
Q

The Police Role

A

Defined by specific rights, responsibilities and expectations associated with police positions
Complex due to conflicting societal expectations

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9
Q

Police Role Conflict

A

Conflict in expectation of police to be societal agents while on the other being expected to be crime fighters

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10
Q

What is the Muir’s Classification

A

Establish whether a police officer had passion or perspective with different officers landing on different sides of the spectrum

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11
Q

Definition of Passion vs Perspective in Muir’s Classification

A

Passion: Recognition that force can be used to control a situation legitimately and when necessary
Perspective: Ability to empathize with suffering, and be ethical/moral

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12
Q

Muir’s Different Styles of Policing

A

Professionals: Passion and perspective
Enforcers: Passion lacking perspective
Reciprocators: Perspective lacking passion
Avoiders: Neither passion or perspective

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13
Q

What is Wilson’s Classification

A

Identified 4 styles of policing
making up a more effective typology - due to withstanding test of time

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14
Q

Wilson’s 4 Style’s of Policing

A

Social Agent: Societal workers with responsibilities to maintain and evaluate mental health and well-being of individuals and the public
Watchman: Public order. Fairly tolerant of private matters/conflict. Goal of job is to restore peace before interaction takes place. Will intervene when necessary
Law Enforcer: Enforce all laws including minor offenses. Intervening in any violation of the law. Discretion is minimal
Crime Fighter: Ego-full. Believe should mostly deal with serious and violent criminals. Thinks they’re the only ones keeping chaos at bay

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15
Q

The Patrol Function

A

Considered “backbone” of policing
Introduced historically by Sir Robert Peel in 1829

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16
Q

Purposes of Patrol

A
  1. Crime deterrence
  2. Maintenance of public order and security
  3. Providing 24-hour community services
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17
Q

Non-crime Related Activities

A

Much police work involves activities unrelated to crime
~80% of police calls relate to non-criminal issues

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18
Q

Incident-driven (Reactive) Policing

A

Occurs when police react to citizens’ calls for help

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19
Q

Proactive Policing

A

When the police crack down on the street drug trade, prostitution or set up fencing stings
Involves acting, often interacting with criminals before crimes occur
Unclear whether patrol

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20
Q

Directed Patrol

A

When a police officer’s time is spent in certain locations
Effective at reducing automobile thefts and robberies - unclear whether they merely displace criminal activity
“hot spots” are slight increases in crime in certain locations - slight decreases of criminal activity due to directed patrols

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21
Q

Foot Patrol

A

Dominant before 1930s; resurged in the 1970s
Ex. The Flint Neighborhood Foot Patrol Program reduced crime slightly, and generated greater confidence in the police and reduced the fear of crime - similar results in Newark, Toronto and Edmonton

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22
Q

What was the purpose of the Kansas City Preventive Patrol Experiment (1972-73)

A

To see is citizen’s notice an increase police presence
Would actively being on street searching for crime have an effect on crime rates?
Patrolling was split in 3 types to test this

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23
Q

What were the 3 Types of Patrolling in the Kansas City Preventative Patrol Experiment

A

Reactive: Only responded to service calls - there was nothing proactive (on the street looking for crime)
Proactive: On the street actively looking for crime
Control: The control group. Patrolled as usual. Sometimes responded to calls, sometimes actively on the street

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24
Q

Results of the Kansas City Preventative Patrol Experiment

A

The different kinds of patrols saw no significant differences in crime rates, fear of crime, or public attitudes toward police

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25
Ineffectiveness Explanations in the Kansas City Preventative Patrol Experiment
1. Police coverage spread too thin. Crimes took place between patrols 2. Inability to prevent certain types of crimes. Many crimes are concealed 3. Displacement effect, where patrols push crime into less monitored areas
26
Crime Investigation Main Objective
To reconstruct crime events through information gathering
27
Criminal Investigation Function
Preliminary investigation and follow-up investigations Approximately 80% of arrests result from patrol officers' initial response rather than detective work
28
Issues in Traditional Policing
Police patrols didn't seriously reduce crime Detectives didn't reduce much crime Arrests didn't appear to significantly deter crime Reactive policing didn't seem to reduce crime Use of private security forces
29
Alternative Policing Models
1. Broken Windows Model (Kelling & Wilson, 1982) 2. Zero-Tolerance Policing 3. Problem-Oriented Policing 4. Community Policing
30
Broken Windows Model (Kelling & Wilson, 1982)
Police need the community to work with them to fight crime Argue that: Neighborhood disorder creates fear and disorder Disorder sends out crime-promoting signals Police should get involved in a tough but impractical way at the 1st signs of deterioration. Community fixes it as well Directly tied to Zero-Tolerance Policing approach
31
Zero-Tolerance Policing
Focus on order maintenance Embraces "crime attack" model/suppression Communities may not be able to police themselves Concentrates on specific crimes Place-specific oriented Favors existing command structure Get tough on crime approach - Julianni, Trump's lawyer supports it
32
Problem-Oriented Policing
Direct resources at the causes of crime Tackling underlying causes of crime, not just symptoms Instead of directly attacking criminals, tries to solve the underlying problems Community collaboration - New Jersey hot spot policing, Kansas City Gun Project
33
Community Policing
Strengthening community capacity to self-police Police will sometimes not be there, but citizens will Establishing decentralized "mini-stations" Community-police partnerships focusing on disorder, decay and fear reduction What we're pushing for today Regards higher rates of reported crime as a positive sign for police Police engage in neighborhood watch, farm watch etc.
34
Traditional Policing - Comparison
Focus: Enforcement Culture: Inward, rejecting community involvement Organization and Command: Centralized Measurement of Success: Arrests made & crime rates
35
Community Policing - Comparison
Focus: Community-building Culture: Outward, building partnerships with the community Organization & Command: Decentralized, more stations with fewer people spread out Measurement of Success: Varied - crime calls, fear reduction, community linkages
36
Problem-Oriented Policing - Comparison
Focus: Law, order, and fear problems, but generally what the community needs it to be Culture: Mixed, analysis-focused Organization and Command Decentralized, with local command Measurement of Success: Varies - problems solved, crime displaced, minimized effect on community
37
Zero-Tolerance Policing - Comparison
Focus: Problems that disrupt order, focusing on them in order to maintain said order Culture: Inward, focused on attacking the crime problem Organization and Command: Centralized or decentralized with internal focus, largely about maintaining traditional police hierarchy Measurement of Success: Arrests, field stops, activity, location-specific crime reductions Similar to traditional, but very aggressive
38
Intelligence-Led Policing (ILP)
Policing the "risk society" during the Information Age. Uses computer-assisted programs for identifying high-crime places and recidivists Involves: - predictive policing analytics - focusing resources on known repeat offenders - strategic multiagency collaborations Global multi-agency partnerships
39
Arrests for Canadian Police
Can't arrest and charge citizens - can only arrest Indigenous women are overrepresented in prison system
40
Carding/Street-Checks
Stopping and questioning individuals not under arrest in Canada
41
Self Representation statistics 2012
80% of all family court cases 60% of all civil court cases
42
Reasons for self representation
High legal costs Insufficient access to legal aid Over-reliance on freely available online information
42
Conflict Theory Perspective
Argues that impoverished Canadians are more likely to be convicted Financial hardships limits ability to mount effective defenses
42
Legal Aid in Canada - Eligibility
Usually granted only in cases if imprisonment or loss of livelihood is likely
42
Alternatives When Legal Aid is Denied
Duty Counsel (court appointed lawyers Student legal clinics Community legal clinics
42
The Burden of The Court Hypothesis
Canadians who self-represent place a burden on the court system - Judges and prosecutors are forced to provide additional guidance, having to assist the defendant - Proceedings become slower and less efficient, increasing hindering timelines in court, and potentially needing more court appearances
42
14 Court Systems in Canada
Nunavut: Unified Superior court Provincial/territorial Courts: Handle cases within local boundaries Supreme Court of Canada: National/Federal jurisdiction
42
Appeal Courts
Provincial territorial: appeals from lower courts for less serious crimes, federal courts handled on a federal level and supreme courts handle appeals from provincial and federal courts
42
Specialized Courts - Problem-Solving Courts
Address root causes, underlying problems, interagency and accountability Challenges: high non-compliance rates, uncompleted court mandated programs
43
Lower Courts vs Higher Courts
LC: Provincial courts (hear summary convictions) HC: Provincial superior courts or higher (hear indictable offences)
44
Steps in the Criminal Process
1. Investigation 2. Laying a charge 3. Decision to prosecute 4. Initial court appearance 5. Type of offence determination (in initial court appearance) 6. Trial Court Selection 7. Preliminary Hearing 8. Plea bargaining/negotiation 9. Trial 10. Verdict 11. Sentencing 12. Appeal
45
Criminal Legal Thresholds
Before Criminal Trial: Only Probable cause needed At Criminal Trial: Proof beyond a reasonable doubt required for conviction
46
Role of the Defense Lawyer
Primary Role: Protect Client's legal rights Responsibilities: Scrutinize Crown's evidence, advise clients at each trial stage, hire expert witnesses if necessary, seek 2nd opinions
47
Role of Crown Prosecutor
Enforce law and maintain justice
48
Role of Judges
Uphold rights of the accused and arbitrate any disputes between the prosecutor and defense lawyer Decide type and length of punishment I piece of evidence is important or not
49
Plea Bargaining
Agreement where accused pleads guilty in exchange for concessions and benefits, usually following a period of negotiation
50
Types of Bargaining
1. Charge bargaining 2. Sentence bargaining 3. Procedural bargaining 4. Fact bargaining 5. Label bargaining
51
The Charter of Rights and Freedoms - Section 7 - Due Process Rights
Protects individual rights and personal security Also ensures that an accused person is not subjected to undue delays before their trial commences
52
The Charter of Rights and Freedoms - Section 8 - Due Process Rights
Guarantees a reasonable expectation of privacy for all individuals
53
The Charter of Rights and Freedoms - Section 9 - Due Process Rights
Prohibits arbitrary detention, ensuring that no person is detained without proper legal authority
54
The Charter of Rights and Freedoms - Section 10 - Due Process Rights
Provides rights for detained, including protections under habeas corpus
55
The Charter of Rights and Freedoms - Section 11 - Due Process Rights
Outlines the rights of those charged with an offence. Notably referenced in R v. Askov, which addresses delays and procedural fairness in trials
56
The Charter of Rights and Freedoms - Section 12 - Due Process Rights
Ensures that punishments are proportionate and fair, providing some outlining regarding cruel and unusual punishments
57
The Charter of Rights and Freedoms - Section 13 - Due Process Rights
Protects individuals from being compelled to incriminate themselves
58
The Charter of Rights and Freedoms - Section 14 - Due Process Rights
Guarantees the right to an interpreter, ensuring non-native speakers receive fair treatment in legal proceedings
59
The Charter of Rights and Freedoms - Section 15 - Equality Rights
Upholds equality rights, prohibiting discrimination
60
The Charter of Rights and Freedoms - Section 24 - Remedies for Violations of Charter of Rights
Fundamentally provides remedies for violations of charter of rights, allowing for things like judicial review and corrective measures
61
Key Fundamental Principles Outside of the Charter
Right to Silence Full Disclosure Right to a Full Answer and Defense Detention of the Not Guilty by Reason of Insanity
62
Crime Characteristics
Involves harmful and prohibited actions Is prosecutable within a formal legal system results in a legally imposed punishment
63
Elements Required for Conviction
1. Legality: The act must be defined as criminal by law 2. Mens Rea: The presence of a "guilty mind" or intent 3. Actus Reus: The commission of a "guilty act" 4. Concurrence: The simultaneous occurrence of actus reus and mens rea 5. Harm: Actual damage/injury resulting from the act 6. Causation: A direct link between the act and the resulting harm 7. Punishment: The legally prescribed penalty for the crime
64
Excuse Defense
Assumes that the accused was incapable of forming intent. Excusable defenses excuse what you've done
65
Justification Defense
Assumes that the person carried out an illegal act, but is justified given the circumstance of the event
66
Role of the Jury
typically don't influence the sentencing phase at all may suggest a sentence - not binding on the judge
67
Steps in Selection of Jurors
Source List Creation: A source list is drawn up containing potential jurors who meet the qualifications Summoning Jurors: Those identified as qualified are summoned to appear in court
68
Factors the Supreme Court uses for Assessing Delay
1. Length of the Delay 2. Explanation for the Delay 3. Waiver of Rights 4. Prejudice against the Accused
69
Beginning Trial Proceedings
Trial begins with formal reading of the charges against the accused Opening Statements: From prosecution and defense but defense can choose to remain silent
70
Presentation of Evidence
Witness Testimonies Expert Witnesses - Specific and specialized skill set can be used in case Prosecution and Defense are generally limited to no more than 5 expert witnesses unless they obtain special approval from the judge Judge Oversight - which evidence can be used
71
Role of Defense Lawyer
Cross-Examination: defense has right to cross-examine a witness following the prosecutions examination, ensuring that evidence is thoroughly scrutinized may opt to produce witnesses to support the case/challenge the prosecution's evidence
72
Closing Arguments and Jury Instruction
Prosecution provides closing arguments first unless defense presents evidence or the defendant testifies Judge instructs them on relevant principles of law
73
Relevant Principles of Law
1. Definition of the Crime 2. Presumption of Innocence 3. Burden of Proof 4. Standard for Acquittal
74
Grounds for Appeal
Conviction, Sentence and Mental fitness For indictable offenses, both prosecution and defense can focus on points of law, questions of fact and length of sentence
75
Culpability
The responsibility for fault/wrong, similar to liability in tort Law
76
Types of Culpability
Purposeful culpability, knowing culpability, reckless culpability and negligent culpability
77
4 Modes of Criminal Justice
1. Justice Model 2. Deterrence 3. Selective Incapacitation 4. Rehabilitation
78
Justice Model
Guided by ideas of justice, fairness and human rights and dignity rooted in classical liberalism emphasizes that punishment should fit the offence not the criminal emerged in 70s and 80s in Maine, California, Minnesota and Pennsylvania Key Principles: Doctrine of Proportionality, protection of rights of accused, encourages alternative sanctions for minor offenses and advocates the elimination of discretion in sentencing and decision-making
79
Deterrence
Theoretical Roots: Rooted in Classical theory (classical liberalism) central purpose is to prevent future crimes by making punishment a deterrent Uniform punishment Torture and cruel/unusual punishment must be eliminated from the justice system, punishment must be proportional to the crime 3 Critical Elements for Effective Deterrence 1. Celerity (swiftness) of punishment 2. Certainty of being Punished 3. Severity of Punishment
80
Selective Incapacitation
Goal is to separate high-risk offenders from low-risk offenders to enhance public safety Introduced in James Q.Wilson's book Thinking About Crime Argued that crime could be reduces by 1/3 if each violent offender served 3 years without parole
81
Rehabilitation
Rejects the idea that people freely choose to commit crime, focuses on treating criminal not just punishing them Measures success via recidivism rates, supports use of discretion, emphasizes reintegration and responsibility/accountability
82
6 Rationales for Sentencing
1. Deterrence 2. Selective Incapacitation 3. Rehabilitation 4. The Justice Model 5. Restoration 6. Healing
83
Aggravating Circumstances
what will increase your sentencing in court previous convictions, gang activity, victim vulnerability, planning and organization of crime, multiple criminal offences, use/threat of weapon, brutality
84
Mitigating Circumstances
What will decrease your sentencing in court 1st time offender, employment record, efforts at rehab, disadvantaged background, guilty plea and expression of remorse, length on prosecution time, demonstration of good character
85
3 Main Factors that Govern Judges
1. Statutory discretion 2. Guiding rules and principles 3. Personal characteristics Regional variation
86
Sentencing Options
Imprisonment, Intermittent sentences, Fines, Restitution and community service, Probation, Restorative justice approaches, Absolute and conditional discharges, Community based sanctions, Conditional sentences
87
Bill C-12: The Safe Streets and Communities Act
Passed: March 12, 2012 Initiated by Conservative government Rooted in Justice Model of criminal law Introduced mandatory minimum sentences for: drug trafficking, sex crimes and child exploitation offenses
88
Causes of Wrongful Convictions
1. Eyewitness Error 2. Forensic Errors 3. Misconduct by Authorities
89
4 Purposes of Presumptive Sentences
1. Uniformity 2. Neutrality 3. Truth in Sentencing 4. Control

Soci 327 (3 decks)

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