Police and Diversionary Measures

Question 1

Your first Involvement with CJS: Police decide whether an

Answer 1

offence has taken place

Question 2

Where do the police or Crown have the option to divert youth away form courts

Answer 2

Ontario

Question 3

First police contact usually happens where:

Answer 3

Public setting (i.e., school the mall)

Question 4

police have 8 courses of action:

Answer 4

1. Issue a warning
2. Arrest and hold the youth in police custody
3. Question the youth at police station and let them go.
4. Write up a report on the young person before release.
5. Charge the young person with an offence.
6. Release the young person with conditions
7. Refer the young person to a diversionary program or youth justice committee.
8. Hold the person in detention (maximum 24 hours) for further judicial processing, starting with a “bail hearing”.

Question 5

Police Surveillance

Answer 5

Higher for youth than adults

Question 6

Some youth charged with crime while others;

Answer 6

a. Legal factors – these are factors that are considered legitimate and that policey may consider in exercising their discretion (e.g., seriousness of the offence).
b. Extrajudicial factors – factors that are not considered legitimate that police sometimes use in exercising their discretion (e.g., you’re not supposed to hold a young person in custody based on the colour of their skin)

Question 7

Legal Factors Affecting Policy Discretion

Answer 7

1. Seriousness of the offence.
2. Prior arrest records.
3. Whether weapons were involved.
4. Significance of the harm done.
5. Prior police contact.
6. Youth’s display of responsibility and remorse.
7. CCC legislative provisions police can release youth on a promise to appear or on an undertaking with many specific conditions that a youth has to follow.

Question 8

Race

Answer 8

• minority youth more likely to be arrested and given a record.
• race may influence arrest more than having a police record.
• complainants are less likely to ask for leniency when the offender is an African American youth

Question 9

Demeanour and Race

Answer 9

Youth who are defiant and uncooperative with police are more Reilly to be arrested
- demeanour is an important factor in whether police make decision to use diversionary measures
- negative attitudes of police towards racialized minorties

Question 10

Carding