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Soci 327 > Midterm Exam #2 > Flashcards

Midterm Exam #2 Flashcards

1
Q

The Interrogation Room - The Reid Technique

A

A structured interview and interrogation process
Uses psychological methods to elicit confessions from those believed to be guilty, without using physical force
Isolates a suspect and weakens over time, confronting them with accusations of guilt, and overpowering them, all while offering sympathy, playing good-cop-bad-cop and encouraging and documenting confession
Works 85% of the time
Been around for 60+ years
Typically used against suspects

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2
Q

Supreme Court and Police Deception

A

Supreme Court ruled its acceptable for police to use deception when interrogating people believed to be responsible for crime

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3
Q

Monty Robinson Case vs Daniel Tschetter Case

A

Both involve intoxicated individuals causing death
Robinson served no jail time
Tschetter received 8 years in prison
Raises questions about legal inconsistencies, biases and variations in sentencing based on external factors

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4
Q

Origins of Policing in Canada

A

Deeply rooted in early English society
Prior to 11th century - no formal police existed

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5
Q

Early Policing Model - The Frankpledge System

A

10 families formed tithing
Several tithings formed a hundred
Hundreds combined into shires (counties)
Shire-reeve (sheriff) was highest law enforcement officer

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6
Q

Policing in England - 13th Century

A

The Statute of Westminster
During black plague military was used in policing - acted aggressively - once finished with military duties weapons were passed down to police

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7
Q

Policing in England - 1285

A

Formalized Constable-Watch System

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8
Q

Constable-Watch System

A

Each parish had a constable and unpaid watchmen
lasted till the 18th century

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9
Q

Parish

A

A decreed area of a region
Small territorial division

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10
Q

Constable

A

A person holding office in law enforcement

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11
Q

London Police System

A

Did not have a policing system as late as the mid-1700s
Crime control often relied on military forces before policing emerged

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12
Q

Modern Policing in England - 1748

A

Henry Fielding established a professional law enforcement organization

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13
Q

Modern Policing in England - 1829

A

Sir Robert Peel’s Metropolitan Police Act created 3,200-member police force in London
Peel’s police were called “Bobbies”

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14
Q

Principles of Peelian Policing - “Bobbies”

A

Bobbies were expected too
1. Reduce social tension and conflicts
2. Use non-violent means unless absolutely necessary
3. Relieve the military from crime control duties
Effectiveness was measured by crime reduction - not arrests/forceful interventions
System was adopted in England, Australia, US and Canada

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15
Q

Four Era’s of Policing in Canada (Ruddell’s Model): 1. Pre-Modern Era (Before 1820)

A

Before we established police forces in Canada
First Nations justice systems relied on: shaming, ostracism, compensation for victims and physical punishment & executions
In 1700s and 1800s, early British settlers introduced constables & justices to maintain peace
Private policing emerged - Hudson’s Bay Company

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16
Q

Four Era’s of Policing in Canada (Ruddell’s Model): 2. Political Era(1820-1940)

A

Politicians controlled police services leading to corruption and inefficiency
Peel Model gradually adopted
North-West Mounted Police (NWMP) (Precursor of RCMP) founded
RCMP was established as successor in 1920 - adopted paramilitary structure
Patchwork of inconsistent policing systems

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17
Q

Four Era’s of Policing in Canada (Ruddell’s Model): 3. Professional Era (1940-2000)

A

AKA Traditional Model of Policing
Key Features:
Emphasis on objectivity & Science
Freedom from political influence
Uniforms & patrol vehicles provided to officers
Professional associations (like unions) slowly implemented
Key Legal Decision:
2015 RCMP Supreme Court Case - impacts unionization and police accountability - Before RCMP had never been unionized, seen as tool of federal gov’t - wanted to unionize due to disparity between work and demands/pay as disgruntled nature of RCMP against their system had risen since 40s - Supreme Court allowed union - overlaps with community era

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18
Q

Four Era’s of Policing in Canada (Ruddell’s Model): 4. Community Era (2000-Present)

A

Focused on Public help/involvement with regulation
Effort to get community involved in policing
3 Main Pillars:
1. Citizen Involvement
2. Problem-Solving Policing
3. Decentralization

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19
Q

Municipal Policing - Early

A
  1. Maintaining public order
  2. Preventing and controlling crime
  3. Providing community services
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20
Q

Municipal Policing - Technological Advancements in Policing

A

Runners replaced with better early communication methods and investigative tools advanced
Widely agreed upon most important development was that officers were separated from their community - deployed to other regions to avoid bias

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21
Q

Municipal Policing - Early Communication Methods

A

Call boxes (1870s)
Call boxes with bell systems (late 19th century)
Telephones (1880s)
Patrol vehicles (1920)

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22
Q

Municipal Policing - Forensic and Investigative tools

A

Fingerprinting (1911)
Criminal record systems (1910s)
Toxicological analysis (Post-1920s)

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23
Q

Municipal Policing - Impact of Specialization and Separation

A

Crime fighting emphasized
Policing became more specialized
Less time spent on foot - increasing distance between police and community
Crime rates, service calls, response times dictated operations
Hiring became merit-based - with psychological screening and civil service exams

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24
Q

Police Distribution in Canada - 2015

A

Total number of police officers: 68,777
67% (42,668) in municipal police forces
Provincial forces had 9,692 officers
RCMP employed 4249 officers
RCMP as a whole had:
18,000 sworn officers
26,000 total employees
over 75,000 volunteers

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25
Methods for Determining Police Force Size
1. Police-to-Police Ratio: Measures # of police officers needed per 1,000 citizens Higher ratio often suggests grater police presence but doesn't always correlate with crime rates 2. Criminal Code Incidents-to-Police Ratio: Compares reported criminal offenses to # of officers needed in a given force Helps in resource and officer allocation based on crime levels rather than population alone
26
Police Agencies Function as Bureaucracies
Forces are rule centric, dispassionate, etc. People always looking to work around bureaucracies while they attempt to control became more prevalent with institution of Professional Model of Policing
27
The Professional Model (1930s-1970s)
1. Hierarchal differentiation - Clear chain of command 2. Functional differentiation - Specialized units, jobs, etc. 3. Routinization - Standardized routine/procedures for efficiency 4. Centralization of Command - Top-down decision-making
28
The Braidwood Inquiry
2007 - Robert Dziekanski died at Vancouver International Airport after being tasered by RCMP officers Court Determined: Use of taser was unjustified Involved officers misrepresented themselves during investigation and collaborated on a story despite the judge's order Know the above due to recordings of event
29
Non-Lethal Weapons
Tasers - common in RCMP and other Canadian police services Kershaw argues tasers saved over 4,000 lives in North America Taser International maintains that products haven't caused fatalities - instead a situational factor Critics counter tasers haven't undergone sufficient testing from impartial, uninvested, 3rd parties 2002 British Government Report: Concluded that tasers aren't safe
30
Theoretical Perspectives on Policing
1. Social Contract Perspective 2. Radical Perspective
31
Social Contract Perspective
Police act neutrally to enforce laws and protect society Law and order over individual grievances - because we all buy into society, and we are responsible for roles we play
32
Radical Perspective
Police are tools of ruling class - maintains societal control Seen as repressive instrument used to suppress marginalized communities
33
Racial Profiling
Occurs when officers move from case probability (evidence based) to class probability (stereotype based) when policing
34
Racial Profiling - Supporters
Aligns with Crime Control Model
35
Racial Profiling - Critics
Highlight civil rights concerns and systemic bias
36
Crime Control Model
Focus: Swift arrest, efficient prosecution, punishment to suppress crime Operates on presumption of guilt Reflects a "get tough on crime" approach
37
Police Discretion
Ability of police officers to use independent judgment when enforcing law
38
Why is Discretion Necessary
Impossible to create rules and contingencies for every scenario that would dictate how police act and policing functions Work under general rules and employ discretion Recognized as essential by Supreme Court of Canada (1988) - however also concluded that discretion mustn't be applied arbitrarily
39
Factors Influencing Discretion
3 Factors when officer decides to intervene 1. Severity/type of crime 2. Attitude of citizen 3. Departmental Policies Federal parameters regarding discretion Different Departments/areas have unique discretion policies
40
Decision to Arrest
1. Situational Variables 2. Community Variables 3. Extralegal Factors
41
Situational Variables
In the Moment when Dealing with the Accused 1. Seriousness of Crime 2. Strength of Evidence 3. Victim's Preference 4. Relationship Between Victim & Suspect 5. Suspect's Demeanor
42
Community Variables
How they've mapped out community in terms of danger, crime, risk and influence Minority & working class areas Officer's perception of danger Community Attitudes toward Police Community Legal Culture
43
Extralegal Factors
Potential Bias Influencing Arrests Race, class, and gender impact arrest rates Mandatory Arrest Policies limit officer discretion in domestic violence cases
44
Bienvenue & Latif Study
Aboriginal men & women more likely to be arrested for all offenses except drug and traffic violations in Canada
45
James Q. Wilson Study on Police Abuse Expectation
Older people less suspicious of police significant difference between what people think of the police and what theory actually experience significant "racial" differences in both beliefs and negative experience with police Black people still face more police abuse
46
The Police Subculture
Positive Aspect Negative Aspect Core Police Values Police Personality Development of Police Personality Education & Police Behavior
47
Positive Aspect
Group solidarity and sense of collectiveness Helps officers cope with stress, maintain internal discipling and control appropriate action Informal training where new officers learn from veterans
48
Negative Aspects
Resistance to Change Support for Rights Violations by Other Officers Misuse of Authority Lack of Accountability
49
Core Police Values
1. Only police can effectively fight crime 2. No one outside the force understands policing 3. Loyalty to fellow officers is paramount 4. Rules are flexible when necessary 5. Public is often unreasonable & unsupportive 6. Detective work is better than patrol work
50
Police Personality
Officers develop unique personality influenced by the job To deal with supervisors and members - be suspicious - "maintain the edge" - "laying low" Cynicism, hostility, conservatism, dogmatism Concern is these attributes lead to: Poor community relations Police Deviance Increased Use of Deadly Force
51
Development of Police Personality
Socialization, not predisposition shapes police attitudes Force picks best candidates - change on job with work they do - shapes views and values Niederhoffer's Study: New officers: least cynical After months on job: high cynicism Near retirement: less cynical
52
Education & Police Behavior
Personality tests determine that higher education impacts personality Less educated - more authoritarian, conservative and rigid Officers with degrees exhibit greater professionalism More education correlates with fewer civilian complaints
53
Use of Deadly Force
Intentional use of deadly force with goal of causing serious bodily harm/death
54
Historical Context of Use of Deadly Force
Until 1995, police were legally allowed to shoot a "fleeing felon" Today, force is justified only if: Officers believe it's necessary for self-defense/protect others from grievous harm
55
Challenges in Defining "Necessary Force"
Law lacks clarity on how much force is justified Officers face uncertainty when making split-second decisions
56
Mechanisms to Regulate Deadly Force
1. Reasonableness Standard 2. Legislation for Cooperation
57
Key Contributing Factors to Using Deadly Force
Lack of community cohesion Police organization culture Training deficiencies
58
Deadly Force in Canada: Stats & Contributing Factors
Highest rates comparing Deadly/Non-Deadly: Northwest Territories Most Incidents: Ontario & Quebec
59
What are the 3 Levels of Policing in Canada
Federal - RCMP Provincial - OPP, SQ Municipal - local police forces
60
What's the role of the RCMP
Enforces federal laws, provides policing in provinces/territories without their own police, and offers specialized services like forensic analysis
61
What is Community Policing
A philosophy that emphasizes building relationships between police & communities to prevent crime and solve problems collaboratively
62
What's the difference between reactive and proactive policing?
Reactive - Responds to crime after they occur Proactive - Focuses on preventing crimes before they happen
63
What are some challenged faced by Canadian police today?
Budget constraints, mental health calls, use of force controversies and addressing systemic racism
64
What's the role of the Canadian Association of Chiefs of Police (CACP)
The CACP provides leadership and advocacy for police services across Canada, promoting best practices and policies
65
What's the significance of the R. v. Grant (2009) Supreme Court decision?
Established framework for determining whether evidence obtained through police misconduct should be excluded in court
66
What's the Police Services Act?
Provincial legislation that governs the operation, oversight and accountability of police services in Ontario
67
What's the structure of the Canadian court system?
Includes provincial/territorial courts (lower courts), superior courts, appellate courts and the Supreme Court of Canada (Highest)
68
What's the role of the Supreme Court of Canada?
The final court of appeal and interprets Constitution, ensuring laws align with Charter of Rights and Freedoms
69
What's the difference between Adversarial and Inquisitorial Systems
Adversarial: 2 opposing parties present evidence Inquisitorial: Judges actively investigating cases
70
What's the role of a judge in the Canadian court system?
Judges interpret laws, oversee trials, ensure fairness, and make rulings on evidence and sentencing
71
What's the purpose of preliminary hearings?
Determine if there's enough evidence to proceed to trial in serious criminal cases
72
What's the Youth Criminal Justice Act (YCJA)
Legislation governing how youth (aged 12-17) are treated in criminal justice system, emphasizing rehabilitation and reintegration
73
What's the role of the Crown prosecutor
Crown represents the state, presenting evidence against the accused and ensuring justice is served
74
What's the significance of R v Jordan (2016)
Set strict timelines for criminal trials to prevent unreasonable delays, ensuring the right to a timely trial under the Charter
75
What are specialty courts, and what's their purpose
(drug courts, mental health courts) focus on addressing underlying issues like addiction/mental illness to reduce recidivism
76
What's the judicial independence?
The principle that judges must be free from external influence to make impartial decisions based on the law
77
What's the Ontario Provincial Police (OPP)
The provincial police service for Ontario, responsible for policing rural areas and providing specialized services
78
What is the Sûreté du Québec (SQ)?
The SQ is the provincial police force for Quebec, responsible for enforcing provincial laws and providing general policing services
79
What are municipal police forces, what's their role
local police services responsible for enforcing laws and maintaining order within specific cities/towns
80
When was the RCMP established and why
1873 as North-West Mounted Police to maintain order in western Canada and enforce federal laws
81
What's the significance of the 1977 McDonald Commission
Investigated RCMP misconduct and led to creation of Canadian Security Intelligence Service (CSIS) to handle national security
82
What's the Special Investigations Unit (SIU) in Ontario
An independent agency that investigates incidents involving police that result in serious injury, death or allegations of sexual assault
83
What's the role of the Civilian Review and Complaints Commission (CRCC) for the RCMP
The CRCC reviews public complaints about the conduct of RCMP officers and ensures accountability
84
Use of Force Continuum
A model that outlines the levels of force police officers may use, ranging from verbal commands to lethal force, depending on the situation
85
Significance of R v Askov (1990)
Addressed trial delays, leading to the establishment of strict timelines for criminal trials to protect the right to a timely trial under the Charter
86
Significance of R v Stinchcombe (1991)
Established the Crown's obligation to disclose all relevant evidence to the defense, ensuring a fair trial
87
What's the role of a court clerk?
Manage court records, administer oaths and assist judges with administrative tasks during court proceedings
88
What's the role of a court reporter
Create verbatim transcripts of court proceedings, ensuring an accurate record of what is said
89
Key Principles of (YCJA)
Emphasizes rehabilitation, reintegration, fair treatment of youth, while holding them accountable for their actions
90
What are Extrajudicial measures under the YCJA
Alternatives to formal court proceedings, such as warnings, community service, referrals to programs, aimed at addressing youth crime without prosecution
91
What's Restorative Justice
Approach that focuses on repairing harm caused by crime through dialogue, accountability, and involvement of victims, offenders and the community
92
How does restorative justice function in the Canadian court system?
Used as alternative to traditional sentencing, often in youth cases, to promote healing and reduce recidivism
93
What's a preliminary inquiry
A hearing to determine if there's enough evidence to proceed to trial in serious criminal cases

Soci 327 (3 decks)

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