final exam Flashcards
(45 cards)
What is police discretion?
Police discretion is the freedom that a police officer has to decide what to do in a given situation, allowing adjustments to the practical, real-life demands of justice.
Where does the authority for police discretion in Canada come from?
It stems from court cases like R. v. Beaudry (2007), legislation such as the Youth Criminal Justice Act, statutes, by-laws, and departmental policies.
What did the Supreme Court of Canada establish in R. v. Beaudry (2007) regarding police discretion?
It recognized that
- police officers must adapt the enforcement of law to individual circumstances
- the real-life demands of justice, enabling them to decide not to engage the judicial process under reasonable grounds.
In what areas is police discretion often required?
Examples include choosing patrol locations, deciding to stop a vehicle, determining the level of force to use, or deciding between informal resolution and arrest.
What factors influence police discretion?
- environmental (community crime levels, socio-economic conditions),
- organizational (policies, supervision),
- situational (seriousness of crime, victim and suspect characteristics)
Why is police discretion considered necessary?
- prevents overloading the justice system
- addresses vague laws,
- prioritizes limited resources,
- avoids alienating the public by focusing on serious issues.
What are the potential downsides of police discretion?
- inconsistent decisions,
- misuse of power,
- bias,
- racial profiling,
- criminalization of vulnerable groups,
- erosion of public trust if applied inappropriately.
How can police discretion be controlled within agencies?
Through better supervision, training, internal affairs units, departmental policies, and internal sanctions for inappropriate actions.
What external methods help control police discretion?
Civilian oversight, citizen input, legislation, court rulings, and the influence of social media can all provide checks on discretionary practices.
What are the four main policing models?
- Traditional Policing: Reactive approach focusing on crime response.
- Community Policing: Builds partnerships with communities to solve problems.
- Intelligence-Led Policing: Uses data and intelligence to guide decisions.
- Evidence-Based Policing: Relies on research and empirical data to determine what works.
What are the internal challenges to the sustainability of public policing?
- Resource constraints and budget limitations.
- Officer burnout and mental health concerns.
- Training gaps in handling complex modern issues (e.g., cybercrime, mental health).
- Resistance to change in organizational culture.
What are the external challenges to the sustainability of public policing?
- Rising public expectations and accountability demands.
- Distrust and strained relationships with communities.
- Increased crime complexity (e.g., technology-driven crimes).
- Oversight from civilian bodies and political pressures.
What are potential solutions to improve the sustainability of public policing?
Increasing investment in officer wellness programs.
Expanding training in emerging areas like technology and mental health crises.
Strengthening community partnerships and trust-building initiatives.
Adopting innovative technologies to improve efficiency (e.g., AI-based analytics).
What are the key features of effective police leaders?
Strong ethical foundation and decision-making ability.
Effective communication and interpersonal skills.
Flexibility and adaptability to evolving challenges.
Commitment to officer well-being and professional development.
How do organizational factors impact police discretion and management?
Departmental policies and philosophy (e.g., community policing).
Levels of supervision and accountability mechanisms.
Informal norms and unwritten rules within the agency.
How do environmental factors shape challenges in public policing?
Community socio-economic conditions.
Crime levels and types in the area.
Public trust and community-police relations.
Influence of external regulatory frameworks and court rulings.
What strategies are used to control police discretion internally?
Improved supervision and officer training.
Establishment of internal affairs units.
Implementation of clear departmental guidelines and sanctions for misuse.
What strategies control police discretion from external sources?
Civilian oversight boards and public input.
Legislative frameworks and court precedents.
Social media scrutiny and public transparency initiatives.
What does Section 25 of the Criminal Code authorize regarding the use of force?
It authorizes peace officers to use force if they act on reasonable grounds and only use as much force as is necessary. Deadly force is justified only if the officer believes it is necessary to prevent imminent or future death or grievous bodily harm.
What did the U.S. Supreme Court case Graham v. Connor (1989) establish about police use of force?
It established the “reasonableness” standard, judging actions from the perspective of a reasonable officer on the scene, accounting for the tense, uncertain, and rapidly evolving circumstances.
What percentage of police-public interactions result in the use of force in Canada, according to Hall and Votova (2013)?
Only 0.1% of all interactions result in force, with physical strikes being the most common modality (77%).
How does stress impact brain functioning in use-of-force incidents?
Stress activates survival instincts (fight, flight, freeze) controlled by subcortical brain areas, compromising higher-level decision-making processes governed by the prefrontal cortex.
What are some perceptual distortions officers might experience during high-stress events?
Officers may experience tunnel vision, auditory exclusion, time distortion, and memory lapses, impacting performance and recall.
What are common myths about police use of force, and what does research indicate?
Myths include overestimating the frequency of force, believing a single bullet can incapacitate, and the possibility of “shooting to wound.” Research shows force is rare, bullets often don’t incapacitate immediately, and precision shooting under stress is unrealistic.
