Midterm Exam #2 Flashcards
The Interrogation Room - The Reid Technique
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
Supreme Court and Police Deception
Supreme Court ruled its acceptable for police to use deception when interrogating people believed to be responsible for crime
Monty Robinson Case vs Daniel Tschetter Case
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
Origins of Policing in Canada
Deeply rooted in early English society
Prior to 11th century - no formal police existed
Early Policing Model - The Frankpledge System
10 families formed tithing
Several tithings formed a hundred
Hundreds combined into shires (counties)
Shire-reeve (sheriff) was highest law enforcement officer
Policing in England - 13th Century
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
Policing in England - 1285
Formalized Constable-Watch System
Constable-Watch System
Each parish had a constable and unpaid watchmen
lasted till the 18th century
Parish
A decreed area of a region
Small territorial division
Constable
A person holding office in law enforcement
London Police System
Did not have a policing system as late as the mid-1700s
Crime control often relied on military forces before policing emerged
Modern Policing in England - 1748
Henry Fielding established a professional law enforcement organization
Modern Policing in England - 1829
Sir Robert Peel’s Metropolitan Police Act created 3,200-member police force in London
Peel’s police were called “Bobbies”
Principles of Peelian Policing - “Bobbies”
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
Four Era’s of Policing in Canada (Ruddell’s Model): 1. Pre-Modern Era (Before 1820)
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
Four Era’s of Policing in Canada (Ruddell’s Model): 2. Political Era(1820-1940)
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
Four Era’s of Policing in Canada (Ruddell’s Model): 3. Professional Era (1940-2000)
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
Four Era’s of Policing in Canada (Ruddell’s Model): 4. Community Era (2000-Present)
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
Municipal Policing - Early
- Maintaining public order
- Preventing and controlling crime
- Providing community services
Municipal Policing - Technological Advancements in Policing
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
Municipal Policing - Early Communication Methods
Call boxes (1870s)
Call boxes with bell systems (late 19th century)
Telephones (1880s)
Patrol vehicles (1920)
Municipal Policing - Forensic and Investigative tools
Fingerprinting (1911)
Criminal record systems (1910s)
Toxicological analysis (Post-1920s)
Municipal Policing - Impact of Specialization and Separation
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
Police Distribution in Canada - 2015
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
Methods for Determining Police Force Size
- 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 - 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
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
The Professional Model (1930s-1970s)
- Hierarchal differentiation - Clear chain of command
- Functional differentiation - Specialized units, jobs, etc.
- Routinization - Standardized routine/procedures for efficiency
- Centralization of Command - Top-down decision-making
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
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
Theoretical Perspectives on Policing
- Social Contract Perspective
- Radical Perspective
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
Radical Perspective
Police are tools of ruling class - maintains societal control
Seen as repressive instrument used to suppress marginalized communities
Racial Profiling
Occurs when officers move from case probability (evidence based) to class probability (stereotype based) when policing
Racial Profiling - Supporters
Aligns with Crime Control Model
Racial Profiling - Critics
Highlight civil rights concerns and systemic bias
Crime Control Model
Focus: Swift arrest, efficient prosecution, punishment to suppress crime
Operates on presumption of guilt
Reflects a “get tough on crime” approach
Police Discretion
Ability of police officers to use independent judgment when enforcing law
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
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
Decision to Arrest
- Situational Variables
- Community Variables
- Extralegal Factors
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
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
Extralegal Factors
Potential Bias Influencing Arrests
Race, class, and gender impact arrest rates
Mandatory Arrest Policies limit officer discretion in domestic violence cases
Bienvenue & Latif Study
Aboriginal men & women more likely to be arrested for all offenses except drug and traffic violations in Canada
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
The Police Subculture
Positive Aspect
Negative Aspect
Core Police Values
Police Personality
Development of Police Personality
Education & Police Behavior
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
Negative Aspects
Resistance to Change
Support for Rights Violations by Other Officers
Misuse of Authority
Lack of Accountability
Core Police Values
- Only police can effectively fight crime
- No one outside the force understands policing
- Loyalty to fellow officers is paramount
- Rules are flexible when necessary
- Public is often unreasonable & unsupportive
- Detective work is better than patrol work
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
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
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
Use of Deadly Force
Intentional use of deadly force with goal of causing serious bodily harm/death
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
Challenges in Defining “Necessary Force”
Law lacks clarity on how much force is justified
Officers face uncertainty when making split-second decisions
Mechanisms to Regulate Deadly Force
- Reasonableness Standard
- Legislation for Cooperation
Key Contributing Factors to Using Deadly Force
Lack of community cohesion
Police organization culture
Training deficiencies
Deadly Force in Canada: Stats & Contributing Factors
Highest rates comparing Deadly/Non-Deadly:
Northwest Territories
Most Incidents: Ontario & Quebec
What are the 3 Levels of Policing in Canada
Federal - RCMP
Provincial - OPP, SQ
Municipal - local police forces
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
What is Community Policing
A philosophy that emphasizes building relationships between police & communities to prevent crime and solve problems collaboratively
What’s the difference between reactive and proactive policing?
Reactive - Responds to crime after they occur
Proactive - Focuses on preventing crimes before they happen
What are some challenged faced by Canadian police today?
Budget constraints, mental health calls, use of force controversies and addressing systemic racism
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
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
What’s the Police Services Act?
Provincial legislation that governs the operation, oversight and accountability of police services in Ontario
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)
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
What’s the difference between Adversarial and Inquisitorial Systems
Adversarial: 2 opposing parties present evidence
Inquisitorial: Judges actively investigating cases
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
What’s the purpose of preliminary hearings?
Determine if there’s enough evidence to proceed to trial in serious criminal cases
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
What’s the role of the Crown prosecutor
Crown represents the state, presenting evidence against the accused and ensuring justice is served
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
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
What’s the judicial independence?
The principle that judges must be free from external influence to make impartial decisions based on the law
What’s the Ontario Provincial Police (OPP)
The provincial police service for Ontario, responsible for policing rural areas and providing specialized services
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
What are municipal police forces, what’s their role
local police services responsible for enforcing laws and maintaining order within specific cities/towns
When was the RCMP established and why
1873 as North-West Mounted Police to maintain order in western Canada and enforce federal laws
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
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
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
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
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
Significance of R v Stinchcombe (1991)
Established the Crown’s obligation to disclose all relevant evidence to the defense, ensuring a fair trial
What’s the role of a court clerk?
Manage court records, administer oaths and assist judges with administrative tasks during court proceedings
What’s the role of a court reporter
Create verbatim transcripts of court proceedings, ensuring an accurate record of what is said
Key Principles of (YCJA)
Emphasizes rehabilitation, reintegration, fair treatment of youth, while holding them accountable for their actions
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
What’s Restorative Justice
Approach that focuses on repairing harm caused by crime through dialogue, accountability, and involvement of victims, offenders and the community
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
What’s a preliminary inquiry
A hearing to determine if there’s enough evidence to proceed to trial in serious criminal cases
