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CC200 Youth Justice > Policing Youth > Flashcards

Policing Youth Flashcards

1
Q

Who are Saints and Roughnecks?

A

They are level 1 friendship groups rather than seen as street gangs but do engage in acts of delinquency. This was a classic criminology study that lasted for 2 years

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2
Q

The Saints are?

A

White upper-middle-class boys, are active in school affairs, have both parents, and have a good academic stream.

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3
Q

What acts of delinquency do Saints engage in?

A

Truancy, drinking, wild driving, petty theft, and vandalism. (None have been arrested because they’re seen as “saints”, “they’re just boys”).

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4
Q

What are some usual activities of Saints?

A

They attended school but then during the weekends they would drive out of town and drink.

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5
Q

How were the Saints like in school?

A

They often cheated on exams/papers but teachers often let that slide. They were given the benefit of the doubt for being “good boys” so teachers would bump their grades.

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6
Q

How often did the police encountered the Saints?

A

2

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7
Q

What were the Saints future like?

A

All except on went to college and 3 of them got advanced degrees.

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8
Q

Who are the Roughnecks?

A

They are working-class white boys.

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9
Q

What is the history behind Roughnecks?

A

They often had trouble with police and within the community, many arrests. The community said they weren’t well-mannered and well dressed.

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10
Q

Did the Roughnecks engage in acts of delinquency?

A

They would often fight, theft, siphon gas, and drinking (not often because they couldn’t afford it compared to the Saints). They couldn’t leave town because they couldn’t afford cars either, (no car so everyone in their community recognized them).

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11
Q

How were the Roughnecks like in school?

A

They had good attendance, they didn’t cheat, and even if they did teachers would drop their grade because of their behaviour in delinquency whereas the Saints got away with it.

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12
Q

How often did the police encountered the Roughnecks?

A

All of them were arrested.

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13
Q

What was the Roughnecks future like?

A

only 2 athletes went to college (on scholarship)

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14
Q

Why were Saints and Roughnecks treated differently?

A

Teachers, police, and community members saw these groups based off of social class.
Visibility: Saints had access to vehicles to leave
Demeanour: Saints were polite and Roughnecks were hostile
Bias: People viewed Roughnecks as troublemakers and saints as “good boys”

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15
Q

Purpose of policing?

A

Critical role: begin process of formal response to suspected crime (at “front lines”)

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16
Q

Aware of crime…

A

Proactively: discover crime on their own
Reactively: respond to reports from public (80%)

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17
Q

Youth of what age are more likely to be under surveillance?

A

Under 25

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18
Q

Screening process stages:

A
  1. Gather initial information
  2. Investigation: identify suspect or clear incident
  3. Choice of disposition (lay charge, refer youth to extrajudicial measure, extrajudicial sanction, or informal
  4. Formal: police report
  5. Decision for court (if charged)
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19
Q

What does decisions made for “police screening” mean?

A

Deciding to move forward into CJS or not

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20
Q

What are some discretions made with police screening?

A

Decision to invoke (or not) legal sanction when circumstances are favourable

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21
Q

What are some legal factors to police screening?

A

Bound by law (law dictates) policies of the department, what the police have to do. Example: If domestic violence has happened when they arrive on scene of domestic call, they are bound by law to arrest the person of interest

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22
Q

What is an extralegal factor to police screening?

A

Outside formal legal process (non-legal reasons) age being one of the reasons play the role as well that influence the decision outside the legal process

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23
Q

Type of crime legal factors:

A

Seriousness of offence (more or less discretion)

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24
Q

Prior police contact legal factors:

A

Known to police (less discretion)

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25
Q

Prior record legal factors:

A

have been convicted of crime previously (less discretion)

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26
Q

Prior administrative offenses legal factors:

A

Breaching order (less discretion) depending on the jurisdiction, they have their different rules so it affects the decision

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27
Q

Race and ethnicity:

A

more likely stopped by police (Indigenous and Black youth; more likely to take action/less discretion

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28
Q

Age of suspect:

A

Less than 25-30 (less discretion)

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29
Q

Suspect’s attitude/demeanour: negative and belligerent

A

Black and Indigenous youth are perceived to be “more difficult”, (less discretion)

30
Q

Suspect’s appearance:

A

subjective view

31
Q

The YCJA indicates an officer “shall” consider a warning rather than a formal sanction. What does Section 6 (1) say?

A

Police have to consider this as a warning referring them to a program in the community, they had something in the YOA but have to refer to this.

32
Q

Step 1. for police actions to take:

A
  1. Issue warning (formal or informal)
33
Q

Step 2. for police actions to take

A
  1. Parental involvement (take them home) talk to the parents and get them involved in the discipline and hopefully they take it from there. Sometimes that’s all that’s needed.
34
Q

Step 3. for police actions to take

A
  1. Police station (questions and/or give warning? [report written as record] maybe they will understand if taken to the station and get talked to
35
Q

Step 4. for police actions to take

A

Diversionary measures (extrajudicial measures)

36
Q

Step 5. for police actions to take

A
  1. Arrest youth and/or lay charges [lay a charged: formal accusation] if they make a charge, it has to get through justice of police before to make it official
37
Q

Step 6. for police actions to take

A
  1. Hold in detention (“remand”) for bail hearing if you get arrested on Friday, you will be held until Monday because the bail hearing is only then. For youth, it’s quicker because of their age
38
Q

Diversionary measures for diverting youth from justice system (court)

A

To quickly to do it through the system or otherwise it’s a violation of Charter of Rights

39
Q

Informal measures under diversionary measures:

A

(Often warnings) non violent and non serious offences

40
Q

Types of crimes/offenders under diversionary measures:

A

Non-violent minor offenses (theft), first time offenders it’s cheaper and less time they don’t have to move them into the system to supervise them

41
Q

Benefits to diversionary measures:

A

Expeditious, less costs, less court backlog, and the right to a speedy trial or else the court is required to drop your charges

42
Q

Police power: diversionary measures

A
  • Divert youth form justice system (court) to quickly to do it thru the system or otherwise
    it’s a violation of Charter of Rights
  • Informal measures (often warnings) non violent, non serious offences
  • Types of crimes/offenders: non-violent minor offences (EG, theft), first-time offenders
    it’s cheaper and don’t have to move them into the system to supervise them and watched
    and monitored
  • Benefits: expeditious, less costs, less court backlog the right to a speedy trial or else the
    court is required to drop your charges

Records of warning are kept for youth would just write their name down to see if they learned their lesson
Reflects:
1. Belief: some don’t warrant charges/ formal actions
2. Understand: cautions can be effective can hold them accountable
3. Future warnings: more formal
4. Police contact: can act as a deterrent (esp. girls)

43
Q

Police actions to take for youth:

A
  1. Issue warning (formal or informal)
    * 2. Parental involvement (take them home) talk to the parents and get them involved in the
    discipline and hopefully they take it from there. Sometimes that’s all that’s needed
    * 3. Police station (questions and/or give warning) [report written as record] maybe they
    will understand if taken to the station and get talked to
    * 4. Diversionary measures (extrajudicial measures, EM)
    * 5. Arrest youth and/or lay charges [lay a charged: formal accusation] if they make a
    charge, it has to get thrugh a jucstice of a police before to make it officile
    * 6. Hold in detention (“remand”)- for bail hearing if you get arrested on Friday, you will
    be held until Monday because the bail hearing is only then. For youth, it’s quicker
    because of their age
44
Q

Diversionary Measures- YOA

A

Declaration of principle 3(1)(d): “where it is not inconsistent with protection of society, taking
no measures or taking measures other than judicial proceedings going to court should be
considered for dealing with young persons who have committed offences.”
* Informal action: Warning, involve parents, police station, refer to outside agency, file
report

  • Formal name: alternative measures (AM)- may or may not lay a charged (provincial
    variations)
  • Problem: public pressure they wanted more kids punished and locked up. The response
    from police was locking up and arresting kids
  • Provincial variations
  • Ontario- rarely (if ever) used
  • Quebec- used the most (often made use of community-based alternatives) [still
    do]
45
Q

Diversionary measure YOA to take in Ontario

A
  • Refused & challenged under Charter Rights
  • Criticized for overcrowding crowd system [by judges]
  • Only province: AM alternative measures could be used only after charges laid and go to
    court (defeats its purpose)
  • Eligibility was narrow- limited to theft under $100, small petty theft for first time
    offenders & no record
46
Q

Diversionary measures YOA to take in Quebec

A
  • Criteria for AM (had the broadest criteria)
  • Prosecutor had discretion police could step in
  • Requirements: all less serious cases on pre-charge basis
  • Court use (minimal)
  • (Also Quebec system under YCJA)
47
Q

Diversionary measures- YCJA

A
  • Provisions (minor offences, reduce court, increase community-based responses) provides the
    province with funding for community based programs
  • Extrajudicial measures (EM): (sec 2): “measures other than judicial proceedings used to deal
    with a young person alleged to have committed an offence.”
  • Actions: warnings, cautions and referrals (to community)
  • Effectiveness: no worse than court (same) & less expensive
  • Responsibility on provinces/territories (how to implement)
48
Q

YCJA: Youth Criminal Justice Act (S.C. 2002, c.1):

A
  • Note: Law is dated as 2002, but it did not come into effect until April 1, 2003 (coincides with
    start of court year) when the court started its new year, it had a new legislation
  • Link on Extrajudicial Measures (from the YCJA)
49
Q

Extrajudicial Measures (EM):

A
  • Sec. 4: Principles
  • (a) EM are most appropriate and effective way to address youth crime it’s enough to deter them
  • (b) EM allow for effective and timely interventions focused on correcting offending behaviour
    the more timely the intervention is, the more meaningful is
  • (c) EM presumed adequate to hold youth accountable for non-violent acts and not previously
    found guilty
  • (d) EM precludes use of those previously dealt with use of EM or previously found guilty of an
    offence don’t have to use it if the youth has been found guilty/charged
  • Sec 5: Objectives: EM should be designed to: *
  • (a) provide effective and timely response how young people think and act with timely
    responses
  • (b) encourage youth to acknowledge and repair harm caused to victim and community
  • (c) encourage families to become involved in design of those measures it can included extended
    family if appropriate
  • (d) provide opportunity for victims to participate & receive reparation
  • (e) respect rights and freedoms of youth be proportionate of the seriousness of the offence. To
    make sure the law isn’t violated and help repair the harm in meaningful ways
50
Q

Extrajudicial Measures (EM)- YCJA

A
  • Laying charges: no charges are laid (except ON) most places in Ontario are done post charge.
    Other provinces, police will decide, BC; prosecutors gave more of a say
  • May be used with prior record (depending on nature of offence)
  • Restorative justice: take responsibility, engage with victims & community; acknowledge &
    repair harm
  • Professionals: police and Crown (judges cannot refer)
  • Conferences*
  • Inspiration:
  • “Family group conference” (NZ) & Australia make use of this as well. It was successful
    and a lot of them started in NZ.
  • Canadian Aboriginal communities
  • Restorative justice model: preparators, mediators
  • Definition: Group of persons who are convened to give advice concerning a young
    person having difficulty with the law people who get together including the young
    person and we are going ot make it a community effort rather than solely a family one.
  • Participants- family members, victim(s), supporters, community members
51
Q

Conferences:

A
  • Discussions to mutually acceptable plan
  • Sentencing circle: judicially convened and used with Indigenous youth
  • Judges & conferences (advice on releasing from remand and sentencing)
  • Provides youth with understanding of consequences of their act (the closer and aster we act on
    an event, the more impact it will have on the young person. Makes them be held responsible)
52
Q

Justice Committees

A
  • Government provisions: educational materials and funding (municipal, provincial, federal level.
    Indigenous communities, there’s more of a push for this than going to court.)
  • Indigenous communities (strong)
  • Functions: monitor, support of administrative justice, community involvement (didn’t happen
    under YOA, or JDA), victim involvement
  • Participants: youth & victim, family, volunteers, professionals in community agencies (social
    workers), schools (teachers) or police (less likely) anyone form the community can come and
    participate.
52
Q

Extrajudicial sanctions (ES):

A

Extrajudicial sanctions: more formal programs (ex. Volunteer work, compensation, specialized
program)
* Process: agency responsible (meet with youth)
* If suitable response, no further action may be required (records are more likely to be kept)

52
Q

Process and practice:

A
  • (Sec 11) parental notification of any ES imposed (orally/written) if it gets sanctioned or more
    formal notice, parents have to get notified
  • Written work (essay): youth (more likely for younger)
  • Reflect & acknowledge offence
  • Community-service: work in community or donation to charity (most common)
53
Q

Underlying circumstances:

A
  • Candidates: not committed serious offence and not likely to re-offend usually first time
    offenders
  • Counseling or treatment
  • Aboriginal mentoring
  • On belief: symptomatic of other issues tried to do this in non-Indigenous communities esp with
    girls. Maybe if they can get to the other issues, can understand why they are involved in criminal
    behaviour and give them tools
  • If agree to participate (does not proceed to court) unless if they come back into the system and
    if they do, it’s used in their case and looked at pattern of behaviour
  • Non-completion: court. If its willful non completion, it’ll go to court
54
Q

ES- 2 year rule:

A
  • (Sec 119) Provides 2-year “period of access” for records (date of consent)
  • If charged/convicted w/in 2 years: pre-sentence report prepared for judge the judge uses this for
    sentencing and can be used as aggravated factor
  • After 2 years: no use may be made and be accessible to anyone in the criminal justice system
  • CPIC (Canadian Police Information Ctr) destroy records (including photos & fingerprints)
    when you get a criminal record check, they check CPIC. The idea is that they have turned
    themselves around and get that “clean slate”
55
Q

Police Culture and Young Offenders (Schulenberg, 2006)

A
  • Influence decisions: 1) typification of delinquent typical delinquent and how police view them
    as typical delinquent (how often they are delinquent) this is an important element of how police
    deal with young people; 2) course of action; 3) policy of police dept
  • Methods (surveyed 300 Canadian police officers [20% French]; ride-alongs) open ended mini
    interviews to police officers
  • Likely to lay charges
  • Delinquent identification (type of youth)
  • Typification of delinquent- defined as “routine” who these kids are and how to be more strict
    with them
56
Q

Typification of Delinquent (Schulenberg, 2006):

A
  • 1) Contact with system- repeat offender police see it as this pattern overtime and a young
    person who has had multiple encounters with police
  • 2) Commits multiple offences defined as serious- formal action needed more likely to lay
    charges
  • 3) Attitude: bad (no respect for authority; indifferent to consequences) they didn’t care if they
    got in trouble, belligerent, bad attitude, didn’t listen to police and cooperate
  • 4) Family environment: parents (involvement & supervision is lacking) roam the streets with
    very little supervision. Kids who are unsupervised over a long period of time are typically more
    bad than those who have constant
  • Example: know that he will reoffend because he is left on his own all the
    time and innkow that his behavior is already establish (page 423)
  • Problem starts with the parents because the youth is left on his own to
    make the friends he wants and come back when he feels like it (page 432)
57
Q

Defining ‘Non-Delinquent’ Youth (Schulenberg, 2006)

A
  • Contact with system- no mention of*
  • Outside activities (more involved) goes back to social theory
  • Parents: involvement (willing to discipline)
  • Friends: perceived as non-delinquent
  • Attitude: good (polite with police, act scared and remorseful)
  • Police confidence: (know “bad apples”)
58
Q

Define Offence as Serious (Schulenberg, 2006):

A
  • Most common (rank order):
  • 1) Assault
  • 2) Breach judge’s order* (admin of justice)
  • 3) Gang-related not as common as 1
  • 4) Weapon
  • 5) Against person/victim ex robbery
  • 6) Breach probation* (admin of justice)
59
Q

Arrest:

A
  • Defined: the constraint of a person’s freedom by physical coercion or implication of coercion
    (not in Criminal Code)
  • Most obvious with police officers- take into custody to answer questions, charges aren’t
    necessarily laid
  • To lay a charge: make a formal accusation (of law-breaking behaviour against someone) if
    police lays. Charge, it’s making a formal accusation from the state that you have broken the law
    in some way. Usually it’s not 1 charges so that your action may have broken other laws. The
    other charges usually get dropped that way you don’t go into court. Sworn into justice of peace
    and can’t lie or else they can get charged for that.
  • Police complete form “Information” and JOP
60
Q

Relevant Variable Impacting Arrest:

A
  • 1) Complainant preference: preference vs no preference (follow preference; if none-arrest)
  • 2) Relational distance between victim and offender (strangers lead to arrest) arrest is more
    likely because it’s not going to solve itself. More likely to get a conviction when it goes to court
  • 3) Respect of authority (disrespect leads to arrests)
  • 4) Law as formal guide (law dictates; mandatory arrest laws)
61
Q

Arrest Possibilities

A
  • If lay charges: Court date is set for youth to appear they are taking it more serious to answer to
    those charges
  • Lay charge w/o arrest (or w/o warrant) if they are going to lay a charge, typically gets a arrest
    warrant
  • With warrant: first lay a charge
  • Without warrant
  • Has or about to commit indictable offence
  • Police finds committing a criminal offence
  • Person with outstanding arrest warrant
62
Q

Rights:

A
  • Search (CR&F, sec. 8. “Everyone has the right to be secure against unreasonable search or
    seizure.”)
  • Intrusion: only permissible if authorized by court to get a search warrant to have evidence they
    already have and need to get to present in court
  • School officials (not subject to the same & may search students/locker at any time- because of
    safety of children)* UNIQUE TO YOUTH
  • Questioning youth is restricted- cannot do w/o parents or guardian or legal counsel (unlike
    adults)- began w YOA (from cases like David Milgaard) more protection are put in place for
    young children because they can be easily persuaded and bribed
63
Q

Racial Profiling

A
  • Defined: Exists when members of a particular racial or ethnic group become subject to greater
    criminal justice or surveillance than others based on their race/ethnicity stopping, searching, in
    USA traffic stops as a way to search the person and vehicle; can be under cover surveillance
  • Consequences: over-representation in CJS prevalent in Indigenous and Black youth. Viewed as
    suspect, delinquent
  • Understanding motivating factors [stereotypies can influences us subconsciously & w/o
    awareness]
  • Under-policing: less protections (esp. for girls/women) (“failure to respond”) when they show
    up really late or don’t show up at all (MMIW) Missing & Murdered Indigenous Women.
64
Q

Urban Policing:

A
  • Policing (greater surveillance): racial minorities and poor
  • Very little research with teenagers [not surprising; more difficult for access/more restrictions]
65
Q

Urban Policing (USA)

A
  • Police practices: urban communities vs suburban communities (more aggressive & more
    misconduct in urban)
  • Chicago school influence (Zone 2/Transition)
  • Aggressive police strategies: in urban areas (higher poverty) more likely to use excessive force
    in the US, can result in fatalities. In Canada, police aren’t allowed to shoot unfleeing fellows,
    can’t shoot someone for running away
66
Q

Urban Policing (USA): Aggressive Policing Strategies

A
  • Drugs (as “suppression” efforts)
  • Gangs (as “suppression” efforts)
  • Police misconduct- higher in communities
  • Under-responsive policing- higher (less likely to respond to calls/take longer); or less likely to
    investigate
  • Targets- Black youth (males) starting when they’re teens and transferred to adult court for the
    same crimes that non-Black youth have commit
67
Q

Perception of police:

A
  • Teenage perception of police (75: 35F, 40M)
  • St Louis, Missouri
  • Self-Reported delinquency: minor delinquency (LT 1/3 serious: theft, assault. Robbery &
    selling drugs)
  • Similarities (boys and girls)
  • Police attitudes difficult to talk to (all reported) were cut off, just made it hard to provide and
    explain anything
  • Harassment: experience or know someone (most reported)
68
Q

Minority male youth police:

A
  • Pedestrian & vehicle stops (police strategy) more likely to be stopped if they were in a vehicle
  • Female presence: changed dynamic (less aggressive)
  • Involuntary contact: more frequent
  • Searches (more often; more intrusive); arbitrary
  • Perceived as suspects: assumed guilty
  • Evidence and no evidence: still assumed to be guilty
  • Misuse of force: physical violence (including friends and family); more severe
69
Q

Minority female

A
  • Status offences (police strategy): curfew violations & truancy; more likely stopped at night
  • Victimization complaints: not taken seriously; not showing up as victims the boys were always
    seen suspects but not girls
  • as suspects in two contexts:
  • 1) Company of males (esp. in vehicles)
  • 2) Offending (status offences)
  • Misuse of force: sexual misconduct (40%) touched inappropriately
70
Q

Racial Profiling- In Canada (Ontario)

A
  • Research (Wortley, 1999): police, detention, bail
  • Statistically controlled
  • Black People
  • Age & social class

CC200 Youth Justice (11 decks)

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