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CC102 : Intro To Criminology Module 3 Notes, Lecture notes of Criminology

NCC103 Notes for module 3 complete with textbook and lecture notes

Typology: Lecture notes

2019/2020

Uploaded on 12/12/2020

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Lesson 4: Police Powers and Decision Making:
Overview of Policing:
Policing emerged in the 10th century in England > Policing was considered a
community responsibility (Took the form of organized community groups)
Hue and Cry: Requirement that all able-bodied men were expected to assist with
maintaining order in the community (Crime control)
The Frankpledge System, based on the hue and cry principle where men were
organized into tythings
Tythings: Men as young as 15 were organized into groups of 10 families
Tythingman: Each tything had a tythingman who was charged with the responsibility of
keeping order
1700s Henry Fielding established the 1st modern police force of England,
consisting of paid constables, equipped with handcuffs and uniforms > This
attempt proved to be insufficient
1829 Sir Robert Peel established the 1st full time police force located in London
® The Peel Metropolitan Police Act, consisted of 1000 unarmed police
officers (Aka the Bobbies)
Canadian Context:
1st emerged in Quebec settlements in the 1600s based of French policing
Mid-1800s municipal police forces began to emerge in larger cities (Toronto,
Halifax, Hamilton and Winnipeg)
North-West Mounted Police: Established in 1873 by the Hudson's Bay Company with
the purpose of maintain order in the western parts of Canada > Maintaining order in the
areas that surrounded their trading posts. Distinguishable by their paramilitary structure
(Inspired by the Royal Irish Constabulary, would later be adopted by municipal forces)
® Became RCMP in 1920
The Structure of Canadian Policing:
1. Federal Level of Policing: RCMP (Recruits trained in Regina, SK)
RCMP Police Act: Piece of federal legislation that provides the framework for the
operation of the RCMP
® Organized into 16 divisions, 14 are operational, organized into 4 regions: Pacific,
NW, Central and Atlantic
® Enforce most federal statutes (Criminal Code, Controlled Drugs & Substances
Act, the Securities Act, etc.)
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Lesson 4: Police Powers and Decision Making: Overview of Policing:

  • Policing emerged in the 10th^ century in England > Policing was considered a community responsibility (Took the form of organized community groups) Hue and Cry: Requirement that all able-bodied men were expected to assist with maintaining order in the community (Crime control)
  • The Frankpledge System, based on the hue and cry principle where men were organized into tythings Tythings: Men as young as 15 were organized into groups of 10 families Tythingman: Each tything had a tythingman who was charged with the responsibility of keeping order
  • 1700s Henry Fielding established the 1st^ modern police force of England, consisting of paid constables, equipped with handcuffs and uniforms > This attempt proved to be insufficient
  • 1829 Sir Robert Peel established the 1st^ full time police force located in London ® The Peel Metropolitan Police Act, consisted of 1000 unarmed police officers (Aka the Bobbies) Canadian Context:
  • 1 st^ emerged in Quebec settlements in the 1600s based of French policing
  • Mid-1800s municipal police forces began to emerge in larger cities (Toronto, Halifax, Hamilton and Winnipeg) North-West Mounted Police: Established in 1873 by the Hudson's Bay Company with the purpose of maintain order in the western parts of Canada > Maintaining order in the areas that surrounded their trading posts. Distinguishable by their paramilitary structure (Inspired by the Royal Irish Constabulary, would later be adopted by municipal forces) ® Became RCMP in 1920 The Structure of Canadian Policing:
  1. Federal Level of Policing: RCMP (Recruits trained in Regina, SK) RCMP Police Act: Piece of federal legislation that provides the framework for the operation of the RCMP ® Organized into 16 divisions, 14 are operational, organized into 4 regions: Pacific, NW, Central and Atlantic ® Enforce most federal statutes (Criminal Code, Controlled Drugs & Substances Act, the Securities Act, etc.)

Contract Policing: Arrangement where RCMP provides provincial and municipal policing services

  1. Provincial Level of Policing: (1) OPP, (2) Surete du Quebec & (3) Royal Newfoundland Constabulary ® Responsible for law enforcement in rural areas and areas just outside municipalities and cities ® Enforce provincial laws and the Criminal Code ® Can provide contract policing
  2. Municipal & Regional Level of Policing: Regional Police Service: Made up of several independent police departments that form into a single larger police organization Municiple Police Service: Provide Policing within a city’s boundaries ® Enforce the CC, provincial statutes, municipal bylaws and some federal statutes Indigenous Police Services: ® Enforce the CC, federal & provincial statues and band bylaws ® Communities have the option of developing an autonomous, reserve-based police force / using Native officers from the RCMP / provincial police Private Security & Parapolice Services: (Ex: Canadian Pacific Railway Police Service, Canadian National Railway Police Service, Transit Police Forces, etc.) ® Provide police services previously performed by provincial and municipal police ® They have no more legal authority than ordinary citizens to enforce the law ® They can arrets people who commit crimes on private property ® 2 main types of private security:
  3. Security firms that sell their services to businesses, industries, private residences and neighborhoods
  4. Companies that employ their own in-house security officer ® Law enforcement and security agencies (Ex: Canada Border Services Agency, Candian Security Intelligence Service and Communications Security Establishment) Police Organization: ® Operational Patrol: Patrol division, canine unit, identification squad. Traffic, reserve / auxiliary ® Investigative: General investigation, major crimes, special crimes ® Support Services: Info, report / filing > Communications center, victim services, community services / crime prevention ® Administrative: Finance & payroll, property office
  • Policing takes on many different forms (Expanding beyond just “fighting crime”): ® Crime Control: Responding to and investigating crimes, arresting suspects and patrolling communities to maintain safety ® Order Maintenance: Maintenance and resolution of public disputes and peacekeeping during protests ® Crime Prevention and Services: Formation and maintenance of relationships with community stakeholders and services Policing Styles: The Social Agent: Views police work as involving a range of activities that extend beyond law enforcement > View themselves as problem solvers who work with the community The Watchman: Holds emphasis on public order and tolerance > Focus on restoration in public disputes rather than the use of police authority to resolve &/ arrest The Law Enforcer: Takes the legal / authoritarian power of policing > Public disruptions / law violations are dealt with formally meaning all suspects are arrested and charged The Crime Fighter: Holds emphasis on crime control focusing on serious crime > They believe that a “thin blue line” exists with law enforcement being the only thing standing between order and chaos Perspectives on The Role of Policing:
  1. Social Contract Perspective: Police are a politically neutral force that’s acts to enforce the law and protect the public
  2. Radical Perspective: Police are an instrument used by the gov and powerful interests suppress opinions, stifle protest and help maintain the status quo Police Governance:
  3. Police forces are to be free from political interference
  4. However, we need mechanisms to ensure police accountability in instances where officers fail to behave in accordance with the law Mechanisms That Govern the Police: Police Acts: Provide the basic legislative framework for the structure of police forces and outline police operations Policing Standards: Provisions that are supplemental to the police acts and set out how police services will be maintained and delivered Police Boards: Made up of community & city council members responsible for the managing of the police budget, hiring of the chief constable and negotiating collective agreements with police labor associations

Police Culture and Personality: Occupational Culture: Rules, practices and principles of conduct that are situationally applied and generated rationales and beliefs Working Personality of Police: Set of attitudinal and behavioral attributes that develop because of the unique role and activities they have (Roles that expose them to danger and public scrutiny)

  • Collective exposure to these conditions gives rise to a culture defined by certain attitudes, beliefs and values: 1. Police are the only real crime-fighters 2. No one else understands the real nature of police work 3. Loyalty to colleagues counts above everything else 4. It is impossible to win the war against crime w/o bending the rules 5. The public is unsupportive and unreasonably demanding 6. Patrol work is the pits
  • Jerome Skolnick suggest that police experience stress in 2 areas:
    1. Police Officer-Citizen Relationship: ® Police see their jobs as dangerous and see engagements with citizens as potentially high-risk ® They deal with this stress with 2 coping strategies in their interactions with citizens: (1) Suspiciousness & (2) Maintaining the Edge
      1. Police Officer-Supervisor Relationship: ® They’re confronted with public expectations that often conflict with internal expectations ® Results in actions that are supported in public, but supervisors may not garner internal favor Legal Limitations on Police Decision-Making: Mr. Big Practice: Practice where an undercover police officer approaches a suspect of a serious crime and describes an imaginary criminal organization in an attempt to persuade the suspect to join > They must admit to having committed a major crime Entrapment: A person commits an offence they would not otherwise have committed, as a result of pressure / cunning on the part of the police (Normally undercover)
  • Techniques like these can help prevent crime in “victimless” offences of the sort that are unlikely to generate citizen complaints (I.e., prostitution and drug possession)
  • The controversy stems from the fact that there is a line between catching those habitually involved in lawbreaking and creating situational criminals (Typically law-abiding people can be enticed into committing a crime)
  1. Officer must not make an arrest if they have “no reasonable grounds” to believe that the person will fail to appear in court
  2. Officer must believe on “reasonable grounds” that an arrest is “necessary in the public interest.” This is defined specifically as the need to: a. Establish the identity of the person b. Secure / preserve evidence of / related to the offence c. Prevent the continuation or repetition of the offence or the commission of another offence Police Discretion: Discretion: Freedom of police to use their judgement and choose among options when confronted with the need to decide
  • Goff states that police consider 3 factors in their day-to-day operations:
  1. Type & Seriousness of crime
  2. Attitude of citizen
  3. Policing standards & departmental policies that limit the use of discretion in certain situations
  • Griffiths provides other factors that influence police decision:
  1. Policing task environment
  2. Person of interest
  3. Individual police officer
  4. Complainant preference
  5. Seriousness of the offence
  6. Law / policy priorities
  7. Visibility of the decision Typification's: Constructs based on a patrol officer’s experience that denote what is typical about people and events routinely encountered Recipes for action: Actions typically taken by patrol officers in various kinds of encounter situations Police Deviance and Accountability: Police Deviance: Police activities that are inconsistent with the officer's legal authority, organization authority and standards of ethical conduct
  • Goff states that police deviance falls into 1 of 2 categories:
  1. Occupational Deviance: Criminal and non-criminal behavior committed during normal work activities
  2. Abuse of Authority: Use of various types of extra-legal force in interactions with citizens
  • Roots of police misconduct:
  1. Rotten Apples View: Most police deviance is accounted for by a handful of “rotten apples” that do not reflect their colleagues / the larger occupation / culture (Small proportion of police who account for a large proportion of misconduct)
  2. Experience-Problem Behavior Curve: Many police in trouble for misconduct are young, inexperienced and more likely to engage in misconduct in those instances where they have initiated a proactive policing encounter with a citizen Principle of Accountability: Actions of police and services are subject to review > There are formal channels a person can use to lodge a complaint Recruitment and Training of Police: Basic qualifications: Min requirements for candidates applying for employment in policing (Ex: Canadian citizenship, a minimum age of 19 physical fitness, grade 12 education and no criminal record) Preferred qualifications: Requirements that increase the competitiveness of applicants seeking employment in policing (Ex: knowledge of a second language / culture, related volunteer experience, postsecondary education, and work/life experience) Police Training:
  • Police recruits receive instruction in the law, community relations, methods of patrol and investigation, firearm handling, driver training & physical training Operational field training: Instructing the recruit how to apply principles from the training academy in the community (2nd^ component of training) Challenges in Police Work:
  • Police often encounter challenges related to their profession that may have an impact on their health and well-being
  • A major source of stress for women police officers may be sexual harassment and discrimination in the workplace Occupational stress injuries: Physical &/or mental conditions in police caused by their organizational and operational experiences on the job PTSD: Extreme form of critical incident stress that includes nightmares, hypervigilance, intrusive thoughts / other forms of psychological distress ® Traumatic events I.e., homicides, suicides, deaths of children and multi-victim accidents can take a toll on officers > Lead to burnout Biased Policing and Racial Profiling: