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Peel Principles

VIEWS: 46 PAGES: 73

									   Beare – Policing and Society – Winter 2005

   The following summary contains:

   1. A cheat sheet of all the readings for the course.

   2. Summary of all the readings for the course.

Author            Article                        Main Points

   Peel           Peel’s Principles 1829         Basic mission is to prevent crime and disorder: Depends on public approval;
   (1829)                                        Must secure willing cooperation of the public; Need to demonstrate impartial
                                                 service to the law; Use force only when necessary; Police are the public and the
                                                 public are the police; Do not usurp power of judiciary by avenging individuals
                                                 or the state; Test of police efficiency is absence of crime and disorder, not the
                                                 visible evidence of of police action in dealing with them.

   Ericson        The    Police     As           The increasing size and cost of policing has necessitated the police forces to
   (1984)         Reproducers Of Order           engage in legitimization activities. The police already spend a very small portion
                                                 of their time policing, and most of that time is connected to petty offences, the
                                                 more police you have, the more petty offences will be prosecuted. A major part
                                                 of this “image work” is carried out in terms of the police mandate to control
                                                 crime.

                                                 The police use a system of rules to control situations employing strategies of
                                                 coercion, manipulation and negotiation. This work is always carried out with
                                                 respect to rules, including legal rules, administrative rules and “recipe” rules of
                                                 the occupational culture of line officers. The police control the rules, the facts
                                                 and their discretion to use different sets of rules and facts to different situations
                                                 and justifications of their actions.

                                                 The interaction between officers and the public, the judiciary can define how
                                                 they go about their jobs. Part of the “recipe” knowledge the patrol officer learns
                                                 is directed at controlling supervisors. Productive appearances are of considerable
                                                 significance. Measures of productivity serve to inform supervisors what a patrol
                                                 officer is up to, and they also provide data with which the organization as a
                                                 whole can “sell” itself.

   Manning        Twenty Years         Of        A dramaturgical approach to social control refers to the “selective presentation
                  Police Work                    of behaviours for public view and the symbolizations referring to those
   (1997)                                        behaviours conveying a message or set of messages about the meaning of those
                                                 behaviours.” Based on Goffman’s ideas with respect to the self.

                                                 The primary problem of policing is not crime, but coping with uncertainty and
                                                 informational variation and the complex social structures they produce. Police
                                                 therefore act ritualistically to promote social values. Through these processes,
                                                 society converts a profane object into a sacred entity performing sacred duties.

                                                 Community policing is a presentational strategy designed to legitimate a
                                                 shrinking police mandate. Community policing is decentralized and promotes
                                                 democracy; it encourages public cooperation between the public and police and
                                                 emphasizes response to citizens’ concerns. The police are intended to stand as
                                                 symbol for the community.

                                                 The police have claimed to prevent, control, deer and punish crime and have
                                                 made that above all their primary legitimating theme…they have grown in
                                                 strength and power…in spite of the fact that they cannot control crime. The
                                                 crime focus of the police…is both the greatest asset of the police and will be
                                                 their most profound burden as they attempt to adjust to public consciousness of
                                    their limitations.


Silver     The Demand For           The current rhetoric of concern about crime and violence draws on established
           Order     In     Civil   motifs: an indignant sense of pervasive insecurity; a mounting current of crime
(1967)     Society: A Review        and violence as a result of both unaccustomed prosperity and prolonged poverty;
           Of Some Themes In        bad example set by the self-indulgent wealthy; the perceived violent tendencies
           The     History    Of    of immigrants and other newcomers; and the ironic contrast between the
           Urban         Crime,     greatness of the metropolis and the continued spread of crime.
           Police, And Riot,”
                                    The police penetration of civil society, however, lay not only in its narrow
                                    application to crime and violence. In a broader sense, it represented the
                                    penetration and continual presence of central political authority throughout daily
                                    life.

                                    Character of police as a public bureaucracy raises expectations about their
                                    ability to “clean up” crime since other types of bureaucracy have succeeded in,
                                    say, solving urban sanitation and food safety. Police seen as a garrison against
                                    an internal enemy.

Stenning   Red Serge And Dark       No one can doubt that recognizing a right in the government to give directions to
           Clouds:        Some      the RCMP involves some risk that this right might be abused for unacceptable
(2002)     Thoughts On The          political or partisan ends. So what limitations might be worth considering in
           Hughes Report On         order to minimize such a risk:
           The Policing Of The
           1997           Apec      Government directions should be communicated only by the solicitor
           Conference               general(the minister responsible for the RCMP) and only to the commissioner of
                                    the RCMP.

                                    Second, any such government communications to the RCMP should be required
                                    to be in writing and to be published.

                                    Government directions could be could be prohibited entirely in matters
                                    concerning investigation, arrest, or prosecution in individual cases

                                    The commissioner should be recognised as having a right to, and being required
                                    to, ignore any government direction requiring the RCMP to violate people’s
                                    Charter or other legal rights or otherwise break the law.

                                    Failure of the report to address adequately the more fundamental question of
                                    what principles should govern relations between the federal government and the
                                    RCMP

Axelrod    Spying On The Young      Although the state could be expected to impose a heavier form of censorship in
           In Depression And        wartime, there is no indication from RCMP records that either the CYC or the
(1995)     War                      CSA hampered the war effort in any way. The Prime Minister noted: the RCMP
                                    habitually failed to distinguish between facts and hearsay.

Horrall    The RNWMP And            Ultimately, although the unions posed little real danger of over throwing the
           Labour Unrest In         government, raw, undigested intelligence contributed to this belief and led to the
(1980)     Western Caada, 1919      strong reaction against the Winnipeg General Strike. This intelligence gathering
                                    mandate was formative in creating the RCMP as we know them today

Palmer     Repression       And     Because the law defines a riot as a gathering of three or more people who are
           Dissent: The    Ocap     disturbing the peace, the police action against the OCAP protest has farreaching
(2003)     Trials                   implications for unions and social activitists. The OCAP trial represents a step
                                    backwards towards legally sanctioned political repression. Disruptive protest is
                                    essential to maintaining meaningful dissent in democratic society, and
                                    overrepresentation of the police at protests discourages dissent
Murphy   Policing Post Modern     Orthodox views that police alone could and should control crime if given
         Canada                   adequate resources are now being replaced with a new emphasis on the “social”
(1998)                            causes and consequences of crime and the dependent relationship of the police
                                  on the community.

                                  The commodification of policing is also evident in the recent appearance of
                                  marketplace competition among public police forces. In response to serious
                                  budget cuts and threats to their share of the policing marketplace, the RCMP
                                  have had to aggressively fight to maintain and expand their share of the policing
                                  market. Recently, the RCMP and the OPP have been engaged in aggressive
                                  bidding wars with municipal police for policing contracts.

                                  provide only necessary or “basic” policing services while “non essential” service
                                  should be paid for privately or through additional optional taxes. Given these
                                  difficulties is not surprising that provinces are seriously assessing the feasibility
                                  of replacing the RCMP with their own provincial police forces. In response, the
                                  RCMP have decentralized the management of their provincial operations and are
                                  adopting various political and marketing strategies to retain their provincial
                                  presence

                                  Canada’s national police force, the RCMP, was created by a new federal
                                  government as an instrument of national governance in order to impose a single,
                                  national standard of law and order on the developing Canadian state. However,
                                  the current federal governments ambivalence to governing nationally is reflected
                                  as various forms of decentralized federalism are being contemplated and debated
                                  which shift many of the responsibilities and powers of central government to the
                                  provinces.

                                  Transnational policing is a form of state policing concerned with protecting the
                                  integrity and security of the nation state by establishing relationships with the
                                  policing and security institutions of other nations. Increasing political instability,
                                  new “global” black markets, enhanced mobility and rapid communications are
                                  said to provide new opportunities for internationally organized and linked
                                  criminals.

Walker   “Broken     Windows”     Walker finds the analysis used by Wilson, Kelling, and Moore flawed in the
         And Fractured History    following ways:
(1997)   The Use And Misuse
         Of History In Recent     The depersonalization of American policing from the 1930s onward has been
         Police Patrol Analysis   greatly exaggerated.

                                  The crime control orientation of the police has been greatly exaggerated.

                                  There is no historical evidence to support the contention that the police formerly
                                  enjoyed substantial political legitimacy.

                                  The watchman style of policing is just as inefficient and corrupt as the reformers
                                  accuse it of being.

                                  Wilson, Kelling, and Moore concede that there was a lack of concern for due
                                  process, but argue there was an important trade-off. Legal concerns with due
                                  process denied officers the ability to use the tactics of rough justice by which
                                  they had enforced neighbourhood community norms.

                                  According to Wilson, Kelling, and Moore, the most important long-term
                                  development in American policing, has been the loss of political legitimacy. The
                                  sharp contrast bw the crime fighting imagery of the police and the peacekeeping
                                  reality of police activities was one of the first and most important findings of the
                                  flood of police research that began in the 1960s. Walker believes that “When
                                  Wilson, Kelling, and Moore suggest that the police are completely crime control
                                   oriented they seriously misrepresent the nature of contemporary policing.”

                                   Transformation from foot to automobile patrol b/w the 1930s to the present in
                                   America. Car patrols remove officers from the sidewalk, which isolates police
                                   from casual contacts w/ ordinary citizens, damaging police community relations.
                                   The impact of technology was ironic. How? The revolution of the car patrol
                                   came with the introduction of the telephone and 2way radio. This served to bring
                                   police closer to the people than ever before. However, at the same time the
                                   patrol car isolated police from the community.

                                   The source and the victims of this revolution are the police. How? They have
                                   stimulated higher levels of public expectations by their very presence and their
                                   policy of more readily available services. However, at the same time they are
                                   prisoners of their own creation, swamped with an enormous service call
                                   workload.

Johnston   Zero       Tolerance,   This article examines Zero-Tolerance Policing (ZTP) and how it combines
And        Community Policing      community-based modes of security governance with instrumentally-
Shearing   And Partnership         oriented/risk-based ones.
(2003)
                                   ZTP is a mode of community policing precisely because it uses coercive
                                   techniques in order to apply pain for preventive ends within a dispersed
                                   governmental context. ZTP’s central objective is to effect prevention through
                                   community-based multi-agency partnership and, while being committed to
                                   prevention, the application of pain becomes a key preventive mechanism.

                                   ZTP is a risk-based, intelligence-led form of community policing. Deploys
                                   traditional (coercive) means in the pursuit of non-traditional (preventive) ends
                                   Physical coercion – employ pain for the purposes of banishment and exclusion.
                                   Created an environment where risky people and risky actions were not tolerated.

Manning    Theorizing Policing:    The imagery of an organization is crucial to retaining a market share, public trust
           The Drama And Myth      and funding. The media play a wide role in developing this imagery, particularly
(2001)     Of Crime Control In     for police, whose actions naturally invoke such concepts as violence, retribution
           The Nypd                justice punishment and revenge.

                                   Police top commands are increasingly aware of their relationship with the media,
                                   and Chiefs capacity to command media attention is considerable.

                                   The Four Stages: Order and its breach; Crisis; Response and Redress;
                                   Conciliation or schism.

                                   The drama of crime control is an example of spectacle politics. An essential part
                                   of modern politics is the manipulation of imagery and the appearance of
                                   competence. The media often use "experts" to do this, although these experts
                                   may or may not be competent, and their opinions may or may not be supported
                                   by evidence

Harcourt   Policing Disorder Can   Punishment in recent times is marked by 2 developments: An increase in the
           We Reduce Serious       number of persons incarcerated, The popularity of "order maintenance policing.
(2002)     Crime By Punishing      These two developments have common intellectual roots in the second half of
           Petty Offenses?         the twentieth century. Conservative policymakers tend to argue for both
                                   incapacitation and broken windows policing.

                                   Problem with broken windows theory = there is no good evidence for the theory
                                   that disorder causes crime. When we peel away disorder from crime, it becomes
                                   clear that the model of orderliness offers to contemporary society: a classic
                                   mode of enhanced surveillance and;order maintenance policing provides a way
                                   to enforce an aesthetic preference, under the guise of combating serious crime
Innes     An Iron Fist In An       Problem Oriented Policing (POP) : POP is founded upon a different conception
          Iron Glove?' The Zero    of the relation b/t community and police than ZTP. Views the police not crime
(1999)    Tolerance     Policing   fighters but as problem solvers. Should identify, analyze, and devise effective
          Debate                   solutions. Decentralize decision making and redistribute power within command
                                   structure.

                                   there has been a real decline of crime in New York not certain that ZTP was the
                                   cause. By encouraging aggressive policing, allegations of corruption, excessive
                                   force and police brutality have been made where ZTP was implemented.
                                   ‘Ecological contamination’ influences the amount of aggression used depending
                                   on the socio-demographic area.

                                   Labelling low-level offenders may promote a longer term increase in
                                   criminality. Negative social reactions can act to amplify future participation in
                                   criminal activity. ZTP criminalizes a new sections of the population contributing
                                   to their social exclusion. Recidivism after incarceration is over 60%

                                   There is concern for the policing of a democratic society becoming the ‘tyranny
                                   of the majority’. Policing strategies targeting unpopular minority groups.
                                   Constabulary independence, the separation of police and politics, is aimed to
                                   protect minorities.

Young     Zero Tolerance: Back     The diversity of modern society creates a sense of nostalgia for the inclusive,
          To The Future            secure world of the past. The last third of the 20th century witnessed a rise in
(1998)                             crime rates in almost all industrialized countries in the world. This rise in crime
                                   occurred despite rises in living standards, expenditure in the criminal justice
                                   system and crime prevention measures.

                                   The basic assumption is that the approach used in Broken Windows was used in
                                   New York City and effectively reduced crime.

Cohen     Deviance And Moral       The empirical existence of forms of behaviour labelled as deviant and the fact
          Panics                   that persons might consciously and intentionally decide to be deviant, should not
(1972)                             lead us to assume that deviance is the intrinsic property of an act nor a quality
                                   possessed by an actor. Social groups create deviance by making the rules whose
                                   infraction constitutes deviance. The deviant is one to whom the label has
                                   successfully been applied. Essentially, there is no intrinsically deviant
                                   behaviour. It is only behaviour that is outside current societal norms.

                                   The author analyses the Mods and Rockers in terms of three phases of social
                                   control: The Warning Phase, the Impact and Inventory Phase and the Reaction
                                   Phase. During the warning phase apprehensions about conditions that are real or
                                   not are amplified by communication from other members of society. During the
                                   Impact and Inventory phase, deviant behaviour is observed, and people form a
                                   preliminary picture of how this behaviour has affected their condition. The
                                   Reaction phase starts with a rescue of the nondeviant parts of society directly
                                   impacted by the deviants, follows with more deliberate and formal activities
                                   towards relieving the affected and finally ends with a reestablishment of
                                   equilibrium.

Wilson    Broken Windows           It is a mistake to judge police on their ability to reduce crime, because most of
And                                their work occurs after the crime is committed. It is more important to view the
Kelling                            police as an institution that maintains orderly neighbourhoods that one that
                                   prevents crime. controlling disorderly behaviour is just as important as crime
(1982)                             control, because controlling incivilities would revitalize the community in terms
                                   of internal controls and vigilance.

                                   The mass media the atypical ie that which contrasts with everyday normality, is
                                   what makes news. agencies make their living by convincing the government that
                                   they have a solution to the crime problem eg private drug clinics, crime
                                  prevention agencies, specialized police units. Our era has a pluralism of values
                                  which leads to insecurity. Insecurity leads to nostalgia and a desire for a return
                                  to an imagined past of civility and predictability

                                  The Cosmetic Fallacy crime is a “skin deep” social problem in an otherwise
                                  healthy society. Reverse causality crime causes social problems and not vice
                                  versa. Difficult to sustain in late modernity, especially with the focus on
                                  individualism and the blurring of what constitutes a crime or an offender.

                                  The implicit assumption is that a liberal democratic state implies minimal
                                  penalty and is more tolerant of diversity (ie the reverse of zero tolerance). In
                                  some situations, especially feminism, zero tolerance may be desirable. The
                                  difference is that feminism is forward looking and not nostalgic.

Ericson   The News Media And      The news media are not a separate entity from the criminal justice system, but
          Account Ability In      function as an integral part of it and should be conceptualized as such. News
(1995)    Criminal Justice        media are key to people’s perception of government institutions, and since most
                                  news sources are government related, the two are intertwined.

                                  Accountability is an obligation to give an account within one’s ambit of
                                  responsibility

                                  Account ability is a matter of strategic intervention and negotiating control. It is
                                  the capacity to provide a record of activities in a credible manner so that they
                                  satisfy the requirements of accountability.

                                  Journalists focus on what is out of place or deviant, and this procedural
                                  assessment involves a moral assessment of propriety. Legitimacy depends on the
                                  ability of authorities to make convincing claims that they are acting with social
                                  norms. Moral authority is something requiring consent and legitimacy is granted
                                  rather than implicit; the news media are complicit in the justice system achieving
                                  both of these aims.

Doyle     “Cops”:    Television   Society is seen to be on the decline b/c of spiralling violent crimes. The answer
          Policing As Policing    to this is tough crime control according to ideology. Due process and civil right
(1998)    Reality                 are part of the problem b/c “right-thinking” people know criminals are guilty. Us
                                  vs. them mentality. Criminals are strangers, not family. Focuses on race and
                                  class – non-white and poor. “Cops” fits in with this ideology

                                  The realism of “Cops” relies on the veracity of firsthand experience, compared
                                  to news that appeals to legitimate authority. Concept of “real time” – footage is
                                  continuous over a few minutes but actually hours. Creates a sense of immediacy
                                  (present time) since no date is ever shown. The host cop talks directly to the
                                  camera but does not acknowledge the camera thus creating a sense of being
                                  there.

                                  “Cops” over represent violent crimes and the proportion of crimes solved by
                                  police. Producers select cases that are dealt with effectively. Producers depend
                                  on police cooperation and thus internalize pro-police attitudes. Police use
                                  “Cops” for self promotion. Unlikely that “Cops” would air footage that makes
                                  police look bad.

                                  “Cops” under represent Blacks and Hispanics and over represent whites as
                                  police officers. Further, over represent Blacks and Hispanics and under represent
                                  whites as criminals. “Cops” omits any act that is overtly racist behavior by
                                  police (censorship). Survey shows that viewers of “Cops” tend to have higher
                                  racial prejudice. Always go to poor areas to film, never wealth areas.

R     v   R    v    Mccurrach:    Frandsham J. rules that the police relied upon the idea of public fear of OMG’s
McCurra   Outlaw    Motorcycle    and their own unproven ideas about those gangs to justify unlawful actions in
ch       Gangs And       Moral    the pursuit of intelligence gathering on these organizations. He found that the
         Outrage                  prosecution failed to present either credible witnesses or solid evidence in
(2000)                            support of the supposition that the Hell’s Angels were a criminal organization.

                                  Furthermore, he detailed three charter rights which the actions of the police
                                  violated in pursuit of these goals. His analysis of if they are saved under s. 1 of
                                  the charter was brief due to his findings that the detention of the Applicants was
                                  not authorized in law, thus section 1 of the Charter does not apply.

         Law Commission Of        Modern society is a risk society people take steps to minimize exposure to risk.
         Canada, “In Search Of    Advent of mass media means that we can all watch shootings, riots, etc as they
         Security: The Roles      happen far away. This makes us feel helpless. We purchase private personal
         Of Public Police And     security to make us feel safer. Blurring of private and public is amplified b/c
         Private     Agencies”    some private security agencies look and act like public police. Citizens often
         (2002 Report)            think they are dealing with a police officer when they are instead dealing with a
                                  security guard. Private security agencies also being hired to perform some of the
                                  functions that the police used to perform.

                                  The doctrine of state agency:

                                  Charter doesn’t apply to private citizens

                                  Charter does apply to individuals acting as agent of the state

                                  All arrests (doesn’t matter if it’s public or private officer) are subject to the
                                  Charter

                                  But detainments of a private citizen by another private citizen are not subject to
                                  the Charter

                                  Not all searches by private investigators are subject to the Charter depends on
                                  the context in which they were made. If the search was for a private purpose (ie
                                  civil law suit), the Charter does not apply.

                                  Public policing is regulated by provincial police acts; provincial statutes regulate
                                  contract private security, but not “inhouse” or proprietary security.

                                  4 main principles: Justice, equality, accountability, efficiency

                                  Justice – everyone ought to be treated fairly and their “rights” respected

                                  Equality – everyone ought to receive policing services sufficient to feel safe in
                                  their community and that there is representation and participation by all
                                  members in the delivery of policing servicesAccountability – actions are subject
                                  to review, formal channels for complaints

                                  Efficiency – services provided in costeffective manner

                                  Minimum standards for training & encourage lifelong learning – can improve
                                  the quality of private security interests. Proposed change from police colleges to
                                  policing colleges to ensure that all have access to stateoftheart training and
                                  education facilities

Chan     Changing        Police   Two approaches to achieve police accountability tighten rules as a means of
         Culture Policing In A    controlling police discretion changing the informal culture of police orgs
(1997)   Multicultural Society
                                  Change the Rules : In theory easy to make policy and tell beat cops to do it, but
                                  in practice they are tight with other beat cops not with police management, so
                                  reform from top down may be ignored they have a “I’m a bad ass street cop”
                                       thing going. Idiot street cops fight back. Don’t like changing the rules on them.

                                       Need to complement rule tightening with culture change, or dumbass cops just
                                       go around the rules anyways. New recruitment and training strategies.
                                       Community policing

                                       Cops just use deviant practices anyways…resist change.




Author         Year      Summary
Kuszelewski    1997      Representation of Prostitutes by PCLS. PCLS’ support of street prostitutes was met with
and Martin               outrage from all levels of govt and debate began on how to address the situation: legalization,
                         decriminalization, red light districts, further criminalization but no changes were made.
                         Representation of tenants, domestic abuse cases.Brought about some change.
                         “police misconduct” for both serious, overt acts of violence and abuse of authority as well as
                         hidden, systemic abuses manifest in racist and sexist attitudes The experience of PCLS is that
                         all police misconduct is systemic and the product of institutionalized policies and practices,
                         both officially and unofficially sanctioned
                         Police Methods: The End Justifies (and Determines) the Means: Selective enforcement of sex
                         and drugs.


George    S.   1995      sub-cultural norms found in the police occupational psyche and how these constructions are
Rigakos                  created and affected by larger societal attitudes toward women.
                         the dominant values of the Force are still in many ways those of an all-male institution such as
                         a rugby club or boys school
                         these perceptions help foster a selective memory process that magnifies the rare event of a
                         battered woman failing to appear or refusing to testify and comparatively diminishes those
                         cases that result in successful prosecutions.]
                         Police officers are quick to blame an inadequate legal system for women’s suffering and
                         mistreatment. Blame women themselves
                         police erroneously conclude that women are reluctant witnesses they must keep in mind that
                         survivors have every right to be suspicious of a criminal justice system that has often failed
                         them.
Hanmer,        1989   Reforms may reinforce gender stereotypes
Radford,
                      protection is conditional upon women meeting police notions of “deservedness” and the
and Stanko
                      circumstances of the attack meeting their definition of crime

                      Rape myths:
                         women lie about being rapes;
                         women are not reliable witnesses;
                         women are prone to exaggerate;
                         women report being rapes in order to get attention;
                         degree of the woman’s resistance was a fair measure of the credibility of the rape ‘story’;
                         some women enjoyed being raped;
                         some women deserved to be raped; believe rape is a ‘sexual’ crime rather than an act of
                         power/control and
                       violence.
Childs and   1998      Views police oversight from a criminal/judicial view.
Ceyssens
                       The trend in police civil liability: civil actions against the police have been increasing, many
                       of these cases involve novel causes of action, the courts are awarding judgement against the
                       police in many important cases, the awards are large and include costs, other cases follow on
                       the success of these cases.
                    Areas of civil liability: Negligent Investigation, Workplace Harassment, Negligent
                    Supervision, Police Pursuits, Police Use of Force, Care of Persons in Police Custody.
Anderson     1998      The police, in building their cause against a prime suspect, may suppress, lose misinterpret of
and                    overlook evidence that supports the defendant’s claim of innocence. Once this occurs, it is
Andersion              very difficult for the wrongfully convicted to free themselves. This is a form of police
                       misconduct that is largely undetected because it is perpetrated against powerless members of
                       society.
                       No one knows how many people are wrongfully convicted.
                       Police play a powerful role in deciding who gets arrested, convicted
Dianne       ?         High profile and Low profile cases.
Martin
                            High profile, they are under pressure to solve.
                            Low profile, lack of consideration of innocent.
                       Might ignore information that may be inconclusive.
                       Where they aren’t coming up with evidence they will look to their pre-conceptions of race.
                       Police should have no vested interest in the outcome of the case. This is not the case,
                       especially in high profile cases.
                       She identifies a kind of marginality. He can be tossed away because he doesn’t have the
                       legitimacy of other members of society. Are they built up to be marginal after the fact or prior.
                       Sometimes you target the person because they are weird, sometimes you make them weird
                       after the fact.
                       Police evidence ranked very highly.
                       Conclusion: No real solutions. Police are unwilling to admit error. Need to acknowledge that
                       they make mistakes.
Bryan        2003      Three cases:
Cummins
                       Osbourne – 4 white guys who abducted, and killed in a most vicious manner a aboriginal
                        woman. Closing of ranks, denial of any harm, apathy of the community. Disposable person.
                       Harper – Chief of police, Herb Stevens, resigned. 2 aboriginal suspects did something, police
                        arrest them, but see harper and try to get him. The police kill him. The police close ranks, etc.
                       Leclair and McKeown – Call 911, a former boyfriend outside home, police don’t respond until
                        after he has killed them
                       Disposable people
Stonechild             17 Aboriginal – Body discovered 5 days after being put into the back of a police car. Autopsy
Inquiry                found that he had been handcuffed. He died attempting to walk back to the correctional
                       facility where he was supposed to be.
                       10 years latter 2 aboriginals were found dead under the same circumstances. A murderous
                       situation.
                       1 person survived, and told his story.Relates to Erricson’s Recipie Rules.
                       RCMP re-open the stone child case.
                       The report makes recommendations including:
                           The minister of justice review and improve procedures to deal with complaints from the
                            public about inappropriate police conduct.
                            Municipal police services in larger centres should designate an aboriginal peace officer
                             with the rank of sergeant to act as a liaison person for aboriginal people.
                            A refresher course with course leaders including aboriginal peace officers.
                            In depth training in race relations for municipal peace officers.
Robynne      2000   Racial profiling : Any action undertaken for reasons of safety, security or public protection that
Neugebauer          relies on stereotypes…rather than on reasonable suspicion, to single an individual for greater
                    scrutiny or different treatment.
                    Colour becomes “commodified” – police interpret colour as an expression of a troublesome
                    social identity.
                    police can use threats of physical violence – police also use language of law to manipulate
                    youths
                    Police reform is long overdue: better training, recruitment and promotion of nonwhites, cannot on
                    its own eliminate institutional racism (roots are embedded in the culture)
Julian       2002   Who collects it and what is actually collected---data collected by the police cannot be used as an
Roberts             indication of levels of involvement in crime for the various groups. Who does the data get shared
                    with—may be interpreted and ‘used’ in an array of conflicting ways.
                    Visible minorities are over-represented because of the economic situation, pre-conceived notions
                    of the link between crime and race.
                    The problem with race-crime is classifying race.The danger is that it builds upon the notion of
                    race-crime but does nothing to help understand the nature of crime.
Henry        2000      Overpolicing – when people use their discretion to spend their time in immigrant
Tator                  neighbourhoods. Underpolicing – overload of fraud and white collar crimes, that go
Mattis                 unchecked, by white people. Not responding to calls for help in immigrant neighbourhoods.
Reaves
                       Police Discrimination Factors
                       Incompetence
                       Lack of training
                       Bad Training
                       Should these things be taught to the police
                       Based on image
                       Representation – low in police forces, concentrated on entry levels
                       Police culture
                       Moral Panic, Discourse of denial. Dismiss incidents of discrimination Discourse of blame the
                       victim: Charges tend to be laid against minority groups because they are criminally inclined.
                       Overlooks discretion.
Don          2000      Compelling factors that undermine the ability of any external group to effectively ‘oversee’
Gillmor                policing
                       Civilian review regimes are under attack in many jurisdictions;
                       Aggressive police unions who deliberately resist investigations—internal or external—into the
                       activities of officers following serious incidents
                       Government complicity in resisting open and critical law enforcement debates…
                       Enhanced police powers and broad immunity from prosecution;
                       Media as partners in the post September 11th US propaganda industry;
                       Exportation of US style policing—emphasis on undercover work, reverse stings, and an
                       increase in multijurisdictional cases.
                       Civilian Governance and Policing in a Multicultural Society
Landau        2000   When a civilian review mechanism disappears, it takes with it a symbolic function—possibly as
                     valuable as the oversight function that it might have had. Creates a policing culture entrenched in
                     political, legal and moral untouchability.
                     History in Ontario : Police Complaints Commission (PPC)  Ontario Civilian Commission on
                     Police Services (OCCOPS).Complaints drop 4100  2500.More fear, less confidence, is possible
                     that there was less misconduct.
                     SIU 1990 – completely independent.
                        Although there does not appear to be any convincing evidence to indicate that civilian
                        oversight of complaints against the police is any more (or less) effective than internal police
                        investigations of complaints, it is clear that there is considerable public distrust of the police
                        investigating themselves. – John Howard Society of Alberta (2005)
Wortley       2003   The five types of civilian oversight are a spectrum, ranging from fully police controlled to fully
                     civilian controlled.The police are dissatisfied with any form of complaint process.Complaints
                     against them are rarely substantiated.The people bringing the complaints are not happy unless the
                     complaint goes their way regardless if the police conduct it or not.ADR leads to the most
                     satisfaction.The number of reported complaints goes up when a civilian system is put in place, but
                     this backs off to the old levels.The police, police unions and limited resources all act as barriers to
                     effective police oversight.Given enough resources, it should work, but there is no research that
                     confirms this.
                                      In-house model- police have all the responsibility and there is no civilian
                                       oversight.
                                      Externally Supervised In-House Model- cases can be reviewed by an external
                                       body but final decisions remain in the hands of police supervisors.
                                      Police Investigation with Independent Adjudication Model
                                      Independent Investigation with Police Adjudication Model
                                      Independent Model eg SIU.
Forcese       2002      Brommel – police union head.Responsible for “true blue”, hiring investigators to dig up dirt
                        on politicians, attempting to get the chief to resign.
                        Fantino – chief of police.
                        Judy Sgro – city councillor targeted by the police union.
Kappeler,     1998      Summary: The police prepare the social audience for these justifications by presenting
Slauder and             criminals as dangerous, violent, well organized and deceptive.As these people threaten the
Alpert                  social and moral order, deviant police actions within the context of fighting these groups
                        become more palatable. Justifications from Sykes and Matza 1957
                             Denial of Responsibility.The deviant behaviour is outside the control of the actor.It could
                              be that violence was initiated by the “bad guy”, or the result of uncontrollable emotion
                              associated with police activity.Their own violence is “inevitable”.Denial of
                              responsibility is a cognitive foundation and it lessens adherence to external norms in
                              favour of sub-cultural ones.
                             Denial of Injury.Wrongfulness turns on whether or not anyone has clearly been hurt by
                              the deviant behaviour.If criminals don’t deserve the protection of the law, then violating
                              their rights causes no injury.If the city has lots of money, then padding time sheets
                              causes no foul.The idea is that, without injury, a deviant police officer is doing no
                              wrong.
                             Denial of the Victim.A characterization of victims and victimization in an attempt to
                              justify deviation.Intoxicated persons can either be classified as incapacitated or a
                              potentially violent offender.Some offenders are pre-classified by the police ideology and
                              become appropriate targets for justifiable punishment for their behaviours.
                             Condemnation of the Condemners.Shifting the focus of attention from deviant behaviour
                              to those who disapprove of the violation.Condemners are classified as hypocrites,
                              deviants in disguise or impelled by personal spite.Ex.Plea bargains are the result of
                             judges that are “soft on crime” (deviant behaviour, surely).Citizens who complain or
                             bring actions against the police are resentful or out for a quick buck.Condemners of the
                             police don’t understand the realities of police work.
                            Appeal to Higher Loyalties.The societal are trumped by the norms of the police sub-
                             culture.The officer who commits perjury to protect a fellow officer has demonstrated
                             loyalty and solidarity to the group by placing himself or herself in harm’s way for others.
Sheptycki   2000   This article uses the drug war as an example for how transnational policing works and the factors
                   that influence transnational policies. Much of the article focuses on the key role that the US (in
                   terms of anti-drug culture and key anti-drug players) played in shaping transnational drug
                   enforcment policies, noting that many European countries have been keener to deal with
                   addictions in a medical way while remaining hard on the drug trade itself.

                   Non-state actors played a role in the evolution of international drug prohibition and by
                   implication, within transnational policing generally

                   The role of sub-state actors is also important

                   The gradual assimilation of drug prohibition as integral to interests of state security indicates how
                   other transnational issues might evolve
Manning     1999      3 types of deviance are important:

                       1. Police violations of criminal law. (This also includes violations of the civil rights of
                        citizens.) This is the category that is most easily quantified and for which the most data has
                        been gathered.

                       2. Violations of internal rules and regulations. Obviously, these change from region to region.
                        This type of data is difficult to gather, and is of questionable reliability and validity.

                       3. Violations of civilities. This includes manners of taste, aesthetics manners and morals and
                        is therefore culture specific.

                       The 3 above are influenced by context, and specifically by the following 3 contextual aspects:

                       1. Market regulation or eradication. Police can either attempt to regulate markets or attempt to
                        eradicate a market through sanctioning.

                       2. Reactive or proactive policing. The police can either pursue a “deterrence” model of
                        random patrol and subsequent investigation of criminal acts or a target model, employing
                        directed patrol or some form of problem-solving policing.

                       3. The quality of the deviance: Police violence can either be of a direct and immediate nature
                        or a more erosive, long-lasting and subtle nature.

                       Face to face violence is normally broken into the following categories:

                                     a. Shootings by police
                                     b. Shootings of police
                                     c. Active pursuits
                                     d. Other forms of police violence – this may include anything from excessive
                                  force to razing public housing units in an effort to stamp out drug use.

                   "invitational edge" of corruption when the officer can sense most strongly the temptation with little
                   interference from organizational regulation, control and supervision.
Harding     1992       Four main approaches
                             Cross cultural training – not both sides being equal, one side trying to assimilate the
                             other. Multiculturalism ignores the differences between immigrants and natives.
                             Legal education for the natives -
                          Creation of native constables – goals of doing this are for effective social control, more
                          effective policing. Didn’t address ways to help the locals, just increases incarceration.
                          (most wanted by the police)
                          Tribal policing programs. Restorative Justice – determine their own system (most wanted
                          by the bands).
                    First 3 bound up in ethno centric view.
                    Trends in urban natives – broken families, poverty, youth discontent. Resentment towards the
                    police.



Blakey           Drafter of the RICO Statute, could not have been more clear that in fact racketeers exist in all
                 professions and hence in all social classes and that the statute was intended to sanction all of these
                 criminals:
                    “There is nothing in RICO that says that if you act like    a racketeer you will not be treated
                    like a racketeer, whatever the colour of your shirt or your collar…people who run groups by
                    extortion or violence or fraud ought to be called racketeers. And what they engage in is
                    racketeering”.
                    However you want to criticize it, the drafter meant it to be interpreted broadly.A pattern of
                    activity, vice activities in themselves.Triple damages under RICO laws
Ericson   1984   The increasing size and cost of policing has necessitated the police forces to engage in
                 legitimization activities. The police already spend a very small portion of their time policing, and
                 most of that time is connected to petty offences, the more police you have, the more petty
                 offences will be prosecuted. A major part of this “image work” is carried out in terms of the
                 police mandate to control crime.

                 The police use a system of rules to control situations employing strategies of coercion,
                 manipulation and negotiation. This work is always carried out with respect to rules, including
                 legal rules, administrative rules and “recipe” rules of the occupational culture of line officers. The
                 police control the rules, the facts and their discretion to use different sets of rules and facts to
                 different situations and justifications of their actions.

                 The interaction between officers and the public, the judiciary can define how they go about their
                 jobs. Part of the “recipe” knowledge the patrol officer learns is directed at controlling supervisors.
                 Productive appearances are of considerable significance. Measures of productivity serve to inform
                 supervisors what a patrol officer is up to, and they also provide data with which the organization
                 as a whole can “sell” itself.

Manning   1997   A dramaturgical approach to social control refers to the “selective presentation of behaviours for
                 public view and the symbolizations referring to those behaviours conveying a message or set of
                 messages about the meaning of those behaviours.” Based on Goffman’s ideas with respect to the
                 self.

                 The primary problem of policing is not crime, but coping with uncertainty and informational
                 variation and the complex social structures they produce. Police therefore act ritualistically to
                 promote social values. Through these processes, society converts a profane object into a sacred
                 entity performing sacred duties.

                 Community policing is a presentational strategy designed to legitimate a shrinking police
                 mandate. Community policing is decentralized and promotes democracy; it encourages public
                 cooperation between the public and police and emphasizes response to citizens’ concerns. The
                 police are intended to stand as symbol for the community.

                 The police have claimed to prevent, control, deer and punish crime and have made that above all
                 their primary legitimating theme…they have grown in strength and power…in spite of the fact
                 that they cannot control crime. The crime focus of the police…is both the greatest asset of the
                 police and will be their most profound burden as they attempt to adjust to public consciousness of
                           their limitations.



Proceeds       of   1989      Passed as part of the national drug strategy. Included enterprise crimes so that Provinces
Crime                         would be able to get the reward of confiscated merchandise. New legislation, C-24 includes
Legislation                   all serious indictable offences. Introduced into Canadian law the notion of “Participation In a
                              Criminal Organization” as a triggering mechanism for additional powers for the justice system and
                              enhanced sanctions for the convicted. Was created for the Montreal bikers. despite claims by the police
                              and the prosecutors that Bill C-95 posed too many barriers for successful prosecutions, it was possible to
                              obtain criminal convictions under s.467.1 of both the rank and file members, as well as the more senior
                              members of organized criminal entities. This sort of legislation was pressured for by the US.
Woodiwiss           2001   Alien Conspiracy By the 1980’s the idea of one organization dominating organized crime had
                           become too absurd to sustain. Mafia mythology was adapted…Official thinking about organized
                           crime kept to the same formula: forces outside mainstream American culture threatened
                           otherwise morally sound American institutions….The mistake that has always dogged US
                           organized crime control efforts was the misconception that organized crime was composed of
                           conspiratorial entities that were alien and distinct from American life. A great deal of evidence
                           suggests the opposite

Gambetta            1995   Protection Racket Mafia protection should not be regarded as merely another productive service
                           being sold by the criminal organization, but rather it is the productive infrastructure in effect,
                           within which illegal market activity takes place. This suggests, once again, the correct view of
                           “organized crime” is as a form of governance of the illegal marketplace

Beare/Naylor        1999   Precisely because illicit enterprises have no access to the formal economy and its institutions that
                           provide such services as dispute resolution, property right guarantees, and start-up capital, there is
                           a central role for the crime ‘family’ in the creation of the overall infrastructure necessary for
                           success. …It is, in short, a form of underground government providing basic services necessary
                           for success in the illegal economy

UN Typologies              Standard – single leader, defined hierarchy

                           Clustered Hierarchy – number of criminal groups, degree of autonomy for groups

                           Core Group – surrounded by a loose network, seldom has social or ethnic identity.

                           Criminal Network – defined by activities of key individuals
I           PEEL’S PRINCIPLES 1829

     Author, Sir Robert Peel, served as British Home Secretary during the 1820's. He laid down his famous principles of law
     enforcement which remain the foundation of professional police. The principles consist of nine points. I’ve included
     highlights here.

     Basic mission is to prevent crime and disorder

     Depends on public approval

     Must secure willing cooperation of the public

     Need to demonstrate impartial service to the law

     Use force only when persuasion, advice, and warning is found to be insufficient; only use the minimum degree of force
     necessary

     Police are the public and the public are the police

     Do not usurp power of judiciary by avenging individuals or the state, or authoritatively judging the guilt or punishing the
     guilty

     Test of police efficiency is absence of crime and disorder, not the visible evidence of of police action in dealing with
     them

II          THE POLICE AS REPRODUCERS OF ORDER – ERICSON

Policing – Expansive and Expensive
      Police forces funded by government are a fact of life. The acceleration of their growth and the dispersal of their
     activities are now so widespread we tend to forget that the modern policing system has been in existence only 150 years.
     Policing has evolved it has also entered into arenas of “legitimation work”. In keeping with the general trend in modern
     organizations, police forces have been made professional and bureaucratic. Criteria of efficiency and effectiveness have
     evolved, particularly in “crime” work, and these criteria are used in “selling” the organization to the community.

     Regardless of their success in other respects, they have been successful in using their crime work to increase their
     resources and the dispersal of their activities. Their “product” of crime control is conveniently elastic, carries a virtuous
     ring, and cannot be easily assailed: Who can deny a people’s desire for peace and security, or at least a feeling of
     security.

     Whenever a small municipality clings to at least the feeling of autonomy that comes with maintaining its own police
     force, it is subject to continuing and various pressures to conform with the trend to larger units. If police officers in these
     small forces are caught by allegations of wrongdoing, the central authorities argue that such things are almost inevitable
     in forces of this type and that the obvious cure is to take them over as part of a larger regional or provincial policing
     unit. The authorities apparently do not stop to think about the fact that large regional, metropolitan and national police
     forces have also experienced continuing, sometimes systematic wrongdoings by their officers.

     At the same time that police forces have expanded through amalgamation, they have also multiplied their manpower and
     technological resources. Spending on the police in Canada increased at a level far outstripping the rate of inflation.

The Police, Crime, and Reproducing Order
      The police especially the patrol police, actually spend only a tiny fraction of their time dealing with crime or something
     that could potentially be made into crime. For example Pepinsky reports that more than 85% of police patrol time is
     spent not dealing with citizens. The introduction and subsequent technological “refinements” of mobile patrol operations
     have had no appreciable effect on the incidence of crime.

     The primary function of the uniformed police has always been to patrol the petty. Apparently the more police one has
     the more petty matters will be pursued, especially if organizational procedures are in place to measure and reward that
     pursuit.
   The mandate of police patrol officers is to employ a system of rules and authoritative commands to transform
   troublesome situations back into a normal or efficient state whereby the ranks in society are preserved. This is to be
   done according to means which appear to be of the highest quality and is directed at the appearance of good and firm
   government.

   The police are the most visible frontline agents for ordering the population. To the extent that they are successful in
   portraying their work as professional according to the principles of formal legal and bureaucratic rationality the police
   accomplish legitimacy as agents of the state.

   If he is seeking compliance from a citizen, he can rely upon

   he aura of the general authority of his office;

   his procedural legal powers to detain, search and use physical force;

   his substantive legal powers to charge;

   and various manipulative strategies that form part of the “recipe” knowledge of his craft.

   In short, he negotiates order, variously employing strategies of coercion, manipulation and negotiation. This work is
   always carried out with respect to rules, including legal rules, administrative rules and “recipe” rules of the occupational
   culture of line officers.

   The police have changed their role from being “professional citizens” who carry out “obligations which fall upon all
   citizens” to “officials exercising authority and power over citizens”. Much of this authority and power comes from
   within the bureaucratic organization of policing rather than from the law or other community sources.

   As stated earlier, a major part of this “image work” is carried out in terms of the police mandate to control crime. A lot
   of work is done via the media and official statistics of crime rates and clearance rates, to support the view that the police
   are struggling to keep the lid on the massive amounts of deviance in the community. The police are held responsible for
   crime control, even though the causes of crime (social, economic, cultural, and political) are clearly beyond their
   control. Crime control is an impossible task for the police alone. Because the police are expected to handle a
   phenomenon not in their control there is bound to be a gulf between the structured rhetoric about the police and crime
   and the everyday reality of policing.

Police Discretion and Use of Rules
   Rules serve as tools of power and as justifiers of actions taken. The law provides “cover” in two senses: It provides
   “blanket” cover through the wide range of substantive offences available to handle any troublesome situation the officer
   is likely to confront. Also, the legal procedures for police actions are so enabling that there are very few instances when
   what the officer wishes to do cannot be legitimated legally.

   Beyond this, the police officer has control over the production of “facts” about a case, and this control of knowledge
   becomes a very potent form of power. The rules are not only taken into account, but they also form part of the account
   to legitimate the action taken.

   Thus, rules are used prospectively in taking action, and retrospectively in showing to interested others (especially
   supervisory officers and the courts) that the action taken was justifiable and appropriate. Prospectively, one rule of the
   occupational culture is “Unless you have a good story don’t do it”.

   Justice becomes a matter of justifications, as patrol officers set out to do what they believe is necessary to put things in
   order. They seek the “cover” of legitimate justifications and take their decisions with a view to “covering their ass”
   visàvis any possible source of objection. Indeed, police patrol the facts of “what happened” transforming a conflict with
   a colourful kaleidoscope of complexities into a blackandwhite “still” of factuallegal discourse.

   Sanders examines the process of report construction, showing how the same facts can be used to legitimate a range of
   offence types, or no offence at all. In saying the police officer is able to construct the facts of the case, we are not saying
   that it is a fabrication but the way in which factual accounts and rules are intertwined makes it difficult to establish what
   is a fabrication and what is. In summary, rules are a power resource of the patrol officer in accomplishing whatever
   seems appropriate to the situation. Discretion takes rules into account.
The Organizational Forms of Police Work
   Patrol officers typically have little information besides the appearance of an individual and of a situation. Many
   encounters involve a “negotiation of status claims” officers look for and employ status “cues” to determine what action
   they should take. Two key variables are race and socioeconomic standing. These are influenced by and influence other
   variables especially demeanour and whether the person is “out of place”. Other studies indicate that the “attitude of the
   offender” was the most important item selected by police officers in reaching a final decision about whether or not to
   arrest. Black concludes that the police are more likely to arrest a misdemeanour suspect who is disrespectful toward
   them than a felony suspect who is civil. Other explanations claim that the poor and blacks are particularly vulnerable
   when “out of place” i.e. in social or geographical contexts in which they do not normally participate.

   Citizens mobilize the police (“the law”) as a power resource to assist in handling their own troubles and conflicts: “The
   empirical reality of law is that it is a set of resources for which people contend and with which they are better able to
   promote their own ideas and interests against others”.

   Another aspect of legal organization which patrol officers incorporate into their actions is the organization of the court
   system, including the roles and rules used by judges, justices of the peace, defence lawyers, and crown attorneys. While
   the historic constitutional position of the constable is that he is answerable to the law alone, in practice he must justify
   his actions to other actors whose job it is to use the law. He must establish relationships with the various actors in court
   and respond to their expectations and rules, in order to achieve outcomes that serve organizational interests.

   There are obviously many ways in which judges can and do influence police actions. They can alter the administrative
   organization of the court in a way that leads to a change in police practice. Gardiner describes a situation where
   nightshift police officers were reluctant to issue traffic summonses because they would have to work irregular hours by
   appearing in court on the next day shift; a traffic court judge began to allow deferred appearances in court, and the
   nightshift officers began to write more traffic tickets.

   “Social order depends upon the cooperative acts of men in sustaining a particular version of the truth”. The ordering of
   the criminal process is very much under the influence of the police because their versions of the truth are routinely
   accepted by the other criminal control agents, who usually have neither the time nor the resources to consider competing
   truths. In the vast majority of cases, the effective decision is made by the police, with the cooperation of the prosecutor,
   free from direct judicial constraint.

   The research record suggests that increasing bureaucratization and professionalization have brought the police
   organization increased autonomy from the community. The police organization differs form most other organizations in
   the extent to which essential decisions and the input of knowledge occur among the lowest ranking members and filter
   upwards. In the police organization, the administration can establish general production guidelines, but it is much more
   heavily dependent on the decisions taken and information produced by line members. The police officers rules for action
   are the “recipe” rules learned on the job. Of course, these rules take into account rules from other sources:

   the community,

   the criminal law and

   the police administration especially as they are useful in the formulation of accounts for justifying actions taken.

   The appearance of a disciplined and cohesive unit, the embodiment of consensus, is created through the use of military
   style dress and procedures. This gives a police patrol some of the characteristics of “total institutions”. This is
   accomplished by techniques such as “identity stripping” in the initial training and socialization phase for new members
   of the organization, and by an appearances code that includes such things as military style uniforms and “parades”
   before each shift.

   The police disciplinary code provides an enabling framework for the administration in its efforts to create an appearance
   of organizational order. The “Duty Manual” offers almost unlimited opportunities to bring charges against a police
   officer. Some officers have noted that some rules are contradictory, so that following one necessarily entails violation of
   others. The rules place the patrol officer in a state of “dependent uncertainty” because he knows that the administration
   can always “get” him if he falls from official grace in other matters of importance.

   Part of the “recipe” knowledge the patrol officer learns is directed at controlling supervisors. Productive appearances are
   of considerable significance. Measures of productivity serve to inform supervisors what a patrol officer is up to, and
      they also provide data with which the organization as a whole can “sell” itself. One obvious form of control is the
      development of quota requirements for enforcement activity.

      Research has shown that adoption of production criteria fundamentally affects decision-making about arrest and
      charging. One consequence of measurement in any organization is overproduction in the areas that can be measured and
      underproduction in the areas more difficult to measure.


III          TWENTY YEARS OF POLICE WORK - MANNING

Dramaturgical Society/ the Dramatic Metaphor
      A dramaturgical approach to social control refers to the “selective presentation of behaviours for public view and the
      symbolizations referring to those behaviours conveying a message or set of messages about the meaning of those
      behaviours.” Based on Goffman’s ideas with respect to the self. Dramaturgical society focuses on social control and
      examples of symbolic action include choice, conflict, purpose and reflection. The drama of control focuses on how
      symbols are used collectively to heighten a message. It approaches society as based on symbolic communication and
      examines the tensions between performance and being. It works through social forms by contrast and similarities in
      context. A dramaturgical analysis of the police focuses on:

      contrast code (rules, norms and values), encoded speech and language

      the role of uncertainty and redundancy in communication processes

Themes in Transition
      The primary problem of policing is not crime, but coping with uncertainty and informational variation and the complex
      social structures they produce. The internal bases of cohesion are tacit links between ranks, honour, deference, and is
      promoted through ritual order. Police therefore act ritualistically to promote social values. Through these processes,
      society converts a profane object into a sacred entity performing sacred duties.

Community Policing
      Community policing is a presentational strategy designed to legitimate a shrinking police mandate. Community policing
      should be viewed in contrast with bureaucratic or paramilitary policing. Community policing is decentralized and
      promotes democracy; it encourages public cooperation between the public and police and emphasizes response to
      citizens’ concerns. The police are intended to stand as symbol for the community. Community policing is a means by
      which to selectively highlight some changes in urban policing while suppressing information about others. Bureaucratic
      policing is defined by limited public interaction, a focus on crime, random patrol in cars on shifts, central dispatching
      and territorial organization. Resources are placed at the bottom of the hierarchy to screen and collect information.

Public vs. Private Meanings
      Police work is inherently contradictory; a good example of this is the massive public funerals in contrast with the private
      construction of everyday police work. The police play a central role in maintaining a sense of public morality and this
      demand creates contradictory requirements.

The Drama of Police Work
      To “police” means to control by political means the behaviour and morality of a politically organized entity. An
      “organization” can be seen as a label people use to describe their repetitive, common, authoritatively coordinated but
      situationally located activities. An “implicit contract” is shaped by the give and take between groups within an
      organization. Social control involves selective systematic presentation of their activities with concealed back regions.
      Groups involved in social control are poweroriented. Manning’s main theme (at pg.2: The police have claimed to
      prevent, control, deer and punish crime and have made that above all their primary legitimating theme…they have
      grown in strength and power…in spite of the fact that they cannot control crime. The crime focus of the police…is both
      the greatest asset of the police and will be their most profound burden as they attempt to adjust to public consciousness
      of their limitations. Police have little, if any, effect on the amount of crime present in society; they can only regulate or
      manage it. The dramatic management of their appearance of effectiveness is therefore of central importance.


IV           THE DEMAND FOR ORDER IN CIVIL SOCIETY: A REVIEW OF SOME THEMES IN THE
             HISTORY OF URBAN CRIME, POLICE, AND RIOT - SILVER
Criminals and the “Dangerous Classes”
   Crime and violence in cities have long evoked complaints similar to ones we find in contemporary society – thus, the
   current rhetoric of concern about crime and violence draws on established motifs:

   an indignant sense of pervasive insecurity;

   a mounting current of crime and violence as a result of both unaccustomed prosperity and prolonged poverty;

   bad example set by the self-indulgent wealthy;

   the perceived violent tendencies of immigrants and other newcomers;

   and the ironic contrast between the greatness of the metropolis and the continued spread of crime

   Paper examines question: What factors underlie relationships between urban criminality and disorder and the
   significance ascribed to them by the peaceful and properties classes? To answer this, must focus on the significance of
   the police and the culture of riotous protest

The Policed Society
   Significance of the police can be best understood as they appeared to a generation for whom modern police were
   unprecedented – i.e., Enlishmen in mid19thC. London police created in 1829 – from beginning were a bureaucratic
   organization of professionals. One of main tasks was to prevent crime by regularly “patrolling beats”

   Three advantages of modern police at the time:

   Fear of the mob or riot diminished when early police showed that fluid organization could overcome numbers;

   relieved ordinary respectable citizens of the obligation or necessity to discharge police functions, especially during
   emergencies;

   made a resort to military intervention for purpose of internal peacekeeping less likely

   In unpoliced society, police functions were often carried out if at all – by citizens rotating in local offices or acting as
   members of militia, posses, Yeomanry corps, or watch and ward committees – this involved a problems e.g. once an
   emergency had passed, Yeomanry were exposed to direct attack; also, the urban and industrial propertied classes were
   not eager to take up the tasks of selfdefence as volunteer or coopted police; moreover, arming “master against servant,
   neighbour against neighbour” exacerbated animosities.

   Bureaucratized police also had the advantage – compared to the army – of being able to penetrate civil society in a way
   that was impossible for the military

   Key quote: “The police penetration of civil society, however, lay not only in its narrow application to crime and
   violence. In a broader sense, it represented the penetration and continual presence of central political authority
   throughout daily life.”

   Another key quote: “Amid the bustle of Piccadilly or the roar of Oxford Street, P.C.X. 59 stalks along, an institution
   rather than a man.”

   There is a degree of assent to being policed – Without at least a minimal level of such assent, coercive functions become
   too costly.

Cultures of Riotous Protest
   According to Rudé, in second half of 18thC and first half of 19thC, demonstrations and mobs were a more or less
   accepted form of pressing the ruling elite to make particular policy choices (e.g. price controls), rather than posing a
   revolutionary threat. Therefore, public order remained surprisingly lax by modern standards, and these riots were not
   perceived as criminal

   This way of pressing for particular policies described as “prepolical” by Hobsbawm or “protodemocratic” by Silver
The Demand for Order in Contemporary Democracy
     The above system not found where entrepreneurs or managers, career bureaucrats, or professional politicians have
     displaced former ruling groups – rather, have demand for “law and order” that a professional and bureaucratic police is
     asked to maintain. Daniel Bell has suggested that a breakdown of spatial barriers between urban propertied classes and
     the criminal or unruly poor, making the former more aware of violence in daily life. Character of police as a public
     bureaucracy raises expectations about their ability to “clean up” crime since other types of bureaucracy have succeeded
     in, say, solving urban sanitation and food safety. Police seen as a garrison against an internal enemy


V           RED SERGE AND DARK CLOUDS: SOME THOUGHTS ON THE HUGHES REPORT ON THE
            POLICING OF THE 1997 APEC CONFERENCE – STENNING

     In his report Hughes contended that to understand the “proper relationship between government and the RCMP” it is
     necessary to clarify the much cited concept of police independence and that “there is no consensus, either in academic
     writing or in judicial decisions, as to what is the proper relationship between the federal government and the RCMP.

     After reviewing come recent pronouncements on this issue by the unanimous Supreme Court of Canada in the case of R.
     v. Campbell Hughes concluded that “despite the apparent overarching control vested by statute in the Solicitor General,
     the common law has made it very clear that the RCMP does in fact enjoy a substantial measure of independence.”

     In other words, although the police force should enjoy independence from political direction in such matters, it should
     remain fully politically accountable and open to political guidance and advice from the Solicitor General where
     important questions of public policy are involved.

     Another solution is the establishment of an “independent audit agency” with a review mandate over RCMP operations
     similar to that of the Security and Intelligence Review Committee in relation to CSIS. I do not support such a solution
     for two reasons:

     Firstly, not necessary because the objective of enhanced accountability can be achieved without the creation of another
     bureaucracy.

     Second, and more significant, is my concern that the same difficulty would arise in ensuring the political independence
     of such an agency in doing its work as currently arises in monitoring the RCMP.

     No one can doubt that recognizing a right in the government to give directions to the RCMP involves some risk that this
     right might be abused for unacceptable political or partisan ends. So what limitations might be worth considering in
     order to minimize such a risk? I would suggest four:

     First, any such government directions should be communicated only by the solicitor general (the minister responsible for
     the RCMP) and only to the commissioner of the RCMP.

     Second, any such government communications to the RCMP should be required to be in writing and to be published,
     and the commissioner of the RCMP should be entitled to ignore any government directions that do not meet these
     requirements.

     Third any such government directions could be could be prohibited entirely in matters concerning investigation, arrest,
     or prosecution in individual cases

     Fourth, the commissioner should be recognised as having a right to, and being required to, ignore any government
     direction requiring the RCMP to violate people’s Charter or other legal rights or otherwise break the law.

     However, the real dark cloud that hangs over the Hughes report arises from the failure of the report to address
     adequately the more fundamental question of what principles should govern relations between the federal government
     and the RCMP. Until such principles are clarified and agreed upon; there is a real danger that both the police and the
     government will be in effect above the law and immune from effective public accountability for decisions and actions
     respecting security at events.


VI          SPYING ON THE YOUNG IN DEPRESSION AND WAR - AXELROD
   This article focuses on the Canadian Youth Congress (CYC) and the Canadian Student Assembly (CSA) and examines
   the ways in which the RCMP assembled information, conducted surveillance and interpreted the activities of student and
   youth radicals from the early 1930's to the beginning of World War II.

   The CSA was formed in 1938 following a national student conference in Winnipeg. It sought to represent student
   interests assertively on a wide rage of educational and social issues. Though communists were surely to be found in
   some universitybased organizations, they were a tiny minority and had been so throughout the 1930s. The RCMP was
   ideologically well to the right during the 1930's and 40's. Its surveillance activities targeted confirmed and suspected
   leftists and also groups and individuals associated with causes that communists supported.

   The RCMP's preliminary contact with the CSA is instructive on the nature of the surveillance process. First, Students
   interested in politics aroused suspicion, their possible communist links invariable pursued. RCMP contacts were used
   exclusively, which lead to much misinformation. Subsequent spying consisted of informants inside the organization who
   went beyond observing to try and shape policy within the group, usually towards the right. This grew to active measures
   at meetings, and eventually the CSA dissolved in 194

   The CYC was formed in 1935 as a coordinating body for local youth councils and was committed to lobbying the
   federal government for youthoriented legislation that would reverse the impact of the Depression. The RCMP files on
   the CYC were better developed than their files on the CSA. These files classified the CYC as made up predominantly of
   Communists. When a CYC congress passed a number of “right wing” propositions, the RCMP initially characterized it
   as a shift in the leadership. This was latter passed off as a dupe by the communists. The RCMP remained vigilant to the
   communist leanings of the CYC.

   The RCMP used similar tactics with the CYC as they did with the CSA. They sent plain clothed officers to mingle with
   them during rallies. They went farther in raiding the CYC offices in May 1940 in response to questionable loyalty of the
   CYC to the Canadian war effort. The search was made “…in an endeavour to trace the source of Communist
   publications and literature which [was] being insidiously and widely distributed throughout the city of Montreal.”
   (Justice Minister – Lapointe).

   Concluding that the CYC was a mouthpiece of the Communist party of Canada, the RCMP conducted a sustained
   campaign to have the organization banned. The RCMP Commissioner made such a recommendation to the Justice
   minister following the ban of the communist party of Canada in July 194 He later published a statement denouncing
   “youth councils” as “communist”. Following the German invasion of the Soviet Union, the CYC changed their support
   of the war effort, but this was not enough to save it from a ban by the federal government.

   Although the state could be expected to impose a heavier form of censorship in wartime, there is no indication from
   RCMP records that either the CYC or the CSA hampered the war effort in any way. The Prime Minister noted: the
   RCMP habitually failed to distinguish between facts and hearsay.


VII       THE RNWMP AND LABOUR UNREST IN WESTERN CANADA, 1919 - HORRALL

Thesis
   The federal government used the NRWMP to monitor labour unrest and “communism” in the early 20th century; this
   role was very influential in the creation of the RCMP as the national police force we recognize it as today.

History and Supporting Facts: Organization of the RNWMP as a major police force
   In 1914, the RNWMP began to serve an intelligence gathering role with regard to the war and collecting information on
   potential German spies. As the war drew to a close, it appeared that this police force was not much needed, and so
   numbers or officers, police posts and duties were cut. The federal government at the time had obtained intelligence to
   the effect that “Moscow Money” was being diverted to Canada and that labour unions such as One Big Union (“OBU”)
   represented a revolutionary challenge to established authority. They were concerned about the growing number of
   strikes and labour disputes and believed these were rooted in some kind of sinister communist conspiracy. The feds
   decided to reorganize the police force. Previous to this, the Dominion Police had had nationwide responsibility for
   enforcement of federal laws. In December 1918, the Dominion Police’s region was cut in half, and the RNWMP were
   given the entire West as their jurisdiction for federal security and intelligence gathering. The numbers of Mounties was
   increased at this time in keeping with their new duties; these duties were to gather intelligence and also to meet any civil
   disturbances.
   While many municipal police forces were unionized, the government passed an order in council to prevent Mounties
   from joining any union or association of employees. The result of the reorganization was that there were two separate
   intelligence agencies working on national security. They reported to different directors, and coordination between them
   was lacking.

Beginning Intelligence Gathering
   The leader of the RNWMP, Rowell, did not share the opinion of the hardliners in Ottawa on the extent of the Bolshevik
   conspiracy and the measures needed to confront it. He was opposed to a repressive policy. Nevertheless, operating
   policies for intelligence gathering were put into place:

   All those suspected of revolutionary activities were to be monitored and a careful record kept of all their activities and
   public utterances.

   Each commanding officer was to forward a summary of the secret service activities every month.

   The primary task was to penetrate all labour organization in the district; this meant recruiting suitable personnel. Some
   personnel were brought back from overseas (where they had been for the war) some were recruited. Those who were
   recruited had to be appropriate to infiltrate the groups, meaning they had to speak several Slavic languages and be suited
   to work as miners.Funds for the additional personnel were made available. The Information Gathered

   Officers had varying degrees of success infiltrating the unions and labour groups, who were wary of informers in their
   midst. Despite the difficulties, by April 1919 the RNWMP had managed to penetrate every important radical
   organization, some holding high-ranking positions in these organizations.

   This penetration led to verbatim record of the radicals’ speeches and detailed accounts of their activities; this
   intelligence was often influenced by the biases of the infiltrators. Some of this raw material was sent to Ottawa, but most
   was sent to commanding officers and formed the basis of their monthly reports. These reports largely made it clear that
   although there was a threat of striking, most of the parties involved were not interested in political revolution, but simply
   in improving labour conditions.

Conclusion
   Ultimately, although the unions posed little real danger of over throwing the government, raw, undigested intelligence
   contributed to this belief and led to the strong reaction against the Winnipeg General Strike. This intelligence gathering
   mandate was formative in creating the RCMP as we know them today.


VIII       REPRESSION AND DISSENT: THE OCAP TRIALS – PALMER

Overview
   Since the mid1970s, a campaign of economic restructuring and reactionary political initiatives has eroded the strength of
   trade unions, organizations of dissent, and the social safety net. Small, local governance has followed the example of the
   large state in terms of coercive politics. Examples in Ontario include Mike Harris, Erner Eves, the police form and
   incidents such as the shooting of Dudley George.

   The Ontario Coalition Against Poverty, which advocates for the poor and homeless, has been an opponent against the
   Harris government’s attempts to dismantle social programs.

   In June 2000, an OCAP protest at the legislature incited a police riot and resulted in numerous criminal charges against
   OCAP members. Treatment of OCAP protestors is similar to the targeting of communists in the 1930s.

   There is a sense of police rights in terms of search and seizure etc being strengthened. Court orders have blocked media
   attention from the OCAP trial.

Interview by Palmer with John Clarke and Stefan Pilipia of OCAP (paraphrased):
   Because the law defines a riot as a gathering of three or more people who are disturbing the peace, the police action
   against the OCAP protest has farreaching implications for unions and social activitists. The OCAP trial represents a step
   backwards towards legally sanctioned political repression. Disruptive protest is essential to maintaining meaningful
   dissent in democratic society, and overrepresentation of the police at protests discourages dissent
IX          POLICING POSTMODERN CANADA – CHRIS MURPHY

     The post-modern thesis argues that a powerful global economy, pervasive communication systems, media saturated
     cultures and revolutionary technologies are undermining and ultimately transforming established “modern” patterns of
     political economy and social and political organization. Post modern analysis describes a variety of macro level shifts in
     the political economy, culture and institutional practices of late or post modern societies like Canada, such as the
     declining power of the nation state, the relocation of centralized political power from national to regional or local
     political centres, pervasive public cynicism and mistrust of traditional institutional and governmental authority, the
     triumph of marketplace logic and values, the commoditisation and privatization of public services, and growing cultural
     and social fragmentation.

Transnational Policing
     Transnational policing is a form of state policing concerned with protecting the integrity and security of the nation state
     by establishing relationships with the policing and security institutions of other nations. Increasing political instability,
     new “global” black markets, enhanced mobility and rapid communications are said to provide new opportunities for
     internationally organized and linked criminals. Though the degree of “transnational folk devils” is difficult to ascertain,
     but they do provide an effective rationale for expanding the “high” policing capacity of the modern nation state at a time
     when central governments are diminishing or offloading some of their domestic policing responsibilities.

     In contrast to domestic policing, the activities and outcomes of intranational policing are almost invisible and are
     therefore largely unaccountable and incontestable.

National Policing
     Canada’s national police force, the RCMP, was created by a new federal government as an instrument of national
     governance in order to impose a single, national standard of law and order on the developing Canadian state.

     However, the current federal governments ambivalence to governing nationally is reflected as various forms of
     decentralized federalism are being contemplated and debated which shift many of the responsibilities and powers of
     central government to the provinces.

Provincial Policing
     Provincial relationships with a federally subsidized and centrally controlled provincial RCMP have become increasingly
     conflictual, as federal responsibilities and centralized decision-making clash with provincial politics and regional
     policing concerns. While the current arrangement is beneficial for provinces who don’t want the responsibility and cost
     of creating their own provincial police force, continuing but declining federal subsidies for the RCMP in eight provinces
     may be hard to justify when so many other federal responsibilities are being abandoned or transferred to provincial
     governments. Given these difficulties is not surprising that provinces are seriously assessing the feasibility of replacing
     the RCMP with their own provincial police forces. In response, the RCMP have decentralized the management of their
     provincial operations and are adopting various political and marketing strategies to retain their provincial presence.

     Though municipal policing is primarily funded and regulated at the local level, provinces in varying degrees are
     involved in funding, regulation and training. Despite often strong community opposition provincial governments
     motivated by the perceived administrative and fiscal benefits of regional policing, are forcing amalgamation on often
     unwilling communities and their police forces.

Redefining Public Policing
     With no legitimate private alternative and increasing crime rates, the public police have until recently sought and
     received a continually increasing proportion of government spending. However, the current fiscal problems of welfare
     states like Canada are causing governments to rethink expensive public services like public policing and look for means
     to reduce and rationalize their costs in ways that are politically saleable and yet do not diminish the overall security of
     the state.

     Echoing the neoconservative critique of modern government as too big, expensive certain public segments suggest
     government should provide only necessary or “basic” policing services while “non essential” service should be paid for
     privately or through additional optional taxes. The Ontario governments recent passage of Bill 105, under section 5
     encouraging municipal councils to “adopt a different method of providing police services has resulted in private security
     companies bidding to provide second tier, non-emergency policing services such as responses to break and enter, theft,
     public mischief. A “two tiered” model of basic public and extended private police services limits government
    responsibility and cost without reducing security protection for those individuals, communities and corporations who
    can afford to pay for it.

Relocating Policing Responsibility
    Community policing is now being promoted as means for legitimizing the diminishing ability of the public police to
    provide full service. Increased reliance on citizen volunteers, expanded use of civilian personnel, a new emphasis on
    police auxiliaries and special constables, all previously regarded as “taking away police jobs” are now actively promoted
    as ways of doing more with less, suggesting a realistic recognition of the limited prospects for police expansion.

    Community policing is ironically now used to justify the diminishing role of the public police, camouflaging a subtle
    retreat from the ambitious modern mission of police based crime control and the micromanagement of social order.

The Commodification of Public Policing
    The commodification of policing transforms it from an exclusive government service into a marketable commodity that
    can be produced and sold by a variety of competitive producers, influenced by marketplace dynamics and controlled by
    commercial values. Police are encouraged to see themselves in the “business” of supplying policing services to clients,
    customers and consumers. Market oriented principles such as efficiency and cost effectiveness encourage police to
    reduce, abandon, sell or contract inefficient and expensive police services.

    The commodification of policing is also evident in the recent appearance of marketplace competition among public
    police forces. In response to serious budget cuts and threats to their share of the policing marketplace, the RCMP have
    had to aggressively fight to maintain and expand their share of the policing market. Recently, the RCMP and the OPP
    have been engaged in aggressive bidding wars with municipal police for policing contracts.

    In aboriginal communities, the RCMP have been aggressively “aboriginalizing” detachments as a strategic attempt to
    retain their historical presence in the face of a national movement to autonomous aboriginal police forces. It is therefore
    not surprising that the new RCMP “the police force of choice” is quick to adopt previously ignored progressive
    innovations such as community and problem oriented policing and restorative justice. The final outcome of these
    contract wars is difficult to predict but traditional historical and political relationships appear to be giving way to the
    harsh politics of marketing and competition.

Rationalizing Public Police Service
    The distinctively modern mandate that the public police alone could and should control crime allowed the public police
    to dramatically increase their resources and power without, however, controlling crime or the fear of crime. The
    escalating cost of the ambitious crime control mandate and the increasingly obvious failure of police based crime control
    has recently shifted the current rhetoric regarding the capacity and responsibility of the state and the police to control
    crime. Police and government policies now suggest a much more limited, less expansive and therefore less expensive
    notion of the state’s policing mandate.

    Orthodox views that police alone could and should control crime if given adequate resources are now being replaced
    with a new emphasis on the “social” causes and consequences of crime and the dependent relationship of the police on
    the community.

    (Forgive me everyone I couldn’t help but include this. The relevance is for you to judge…). Most urban police feel
    under appreciated and overly scrutinized, hence the current F.I.D. or “f**k it and drive on” attitude said to be prevalent
    among patrol officers.

X          PUBLIC ORDER POLICING: CITZENSHIP AND MORAL AMBIGUITY - WADDINGTON (2000)

Introduction

    Policing is morally ambiguous. Police officers are duty bound to act in ways that would be exceptional or illegal if
    undertaken by anyone else. If they resort to the use of overt force, the legitimacy of their actions is questionable. This
    moral ambiguity is highlighted in the policing of public order (ie battling protesters and rioters)

Whose order?

    Public order policing is different than “crime fighting” b/c a criminal is one who is outside of the moral community,
    whereas picketers/protesters and possibly rioters are moral equals of other citizens. It’s morally ambiguous b/c both the
     rioters and the police are willing to use violence for what they each regard as the “common good.” Protesters can claim
     to be the moral equals of the police in a way that criminals cannot. The willingness of protesters to experience
     discomfort and expose themselves to risk of arrest or injury for a sympathetic cause reflects a level of commitment that
     enhances their moral status.
     immoral acts – albeit unintentionally. Is it more morally reprehensible to use force in pursuit of a moral goal than to use
     force in pursuit of an admittedly immoral goal? That is the ambiguity of policing public order.

     From a historical perspective, it would seem as though the “bad guys” in confrontations between protesters and the
     police, are the police. Rioting for trade union rights, black civil rights activists are the morally right and the police, in
     repressing the protesters are morally wrong. The “bad guy” image comes from policing in authoritarian and totalitarian
     regimes b/c the police are used to defend these regimes. Note though, that the protester is not always right. Public order
     policing is not just the maintenance of order, but the maintenance of a particular order.

Riots: Causation and blame

     What masquerades as a search for what causes riots is mainly an exercise in attributing blame. Conceptualizing the
     crowd as an irrational mob reflects a conservative elitist view that fails to recognize the grievances that lead to protest,
     disorder, riot and rebellion. Conservative view is that rioting is no more than opportunistic criminality. Liberal view is
     that r
     have an equally political purpose – to legitimate their violence and delegitimate the violence of others. During a police
     riot, the police confront not an enemy, but fellow citizens.

Riot Control: Militarisation

     In modern liberal democracies, military involvement is typically restricted to states of emergencies. What distinguishes
     police action from military action is the circumstances in which each is entitled to use force. Police: citizen can only be
     killed when necessary. The amount of force used must be proportionate to the gravity of the offence and must cease
     once the adversary has been subdued. Military: enemy can be killed when possible. Any blurring of this distinction
     represents a threat to the general public. It is arguable that the policing of public order has become paramilitary
     (militarised). Officers act less with their own discretion but as squads under superior command and control. Police
     inherited some military tactics – ie the baton charge – indiscriminate use of force to disperse an unruly crowd.

Public Order

     Outbreaks of disorder are comparatively rare b/c police retain extensive control over the conduct of virtually all such

     with police aims. Violent class conflicts are largely avoided by the incorporation of the organized working class into the
     political system. The Labour Party Protesters don’t want to cause violence b/c it will threaten the political party’s appeal

     can threaten careers. There is no need to use legal powers to suppress protest and disorder as long as these institutions
     are in place. Groups that are excluded from established institutional structures (feminism, environmentalism, animal
     rights, etc) have little incentive to play by the rules. As the institutions decay, the police will be unable to deflect
     demands for vigorous enforcement by appeals to democracy. The police themselves may be marginalized as the state
     pulls back from its involvement in society and the economy.


XI          “BROKEN WINDOWS” AND FRACTURED HISTORY THE USE AND MISUSE OF HISTORY IN
            RECENT POLICE PATROL ANALYSIS - SAMUEL WALKER

     This article examines the use of history by Wilson, Kelling, and Moore in their proposal for reorienting police patrol.
     Argues that Wilson, Kelling and Moore have misinterpreted police history in several respects.

Policing and Broken Windows
     Broken windows are symbol for deterioration of neighborhoods. Wilson, Kelling and Moore argue that policing in
     America has failed as a result of neglecting “the little things” (broken windows). 2 developments in the 1930’s launched
     a radical reorientation of police patrol:

     The greatly increased use of the patrol car and;

     The development of the Uniform Crime Reports system.
    Wilson became the leading advocate of one officer cars. He held that two single officer patrol cars were twice as
   efficient as a one two officer car. He also believed that rapid response time would increase apprehensions and generally
   improve public satisfaction with police service.

The Historical Framework
   Consists of 3 components:

   The near-term – which embraces the last 15 years. The major development in the last 15 years has been the vast
   expansion of our familiarity of various aspects of policing. “We have learned that adding more police or intensifying
   patrol coverage will not reduce crime and that neither faster response time nor additional detectives will improve
   clearance rates.”

   The middle term – which includes the last 50 years, is full of police history that is mixed. They identify the most
   significant developments in the period but misinterpret them in essential ways.

   The long-term – which involves all of police history before the last 50 years. Policing from the 1930s to the 1960s was a
   complex process. It involves the impact of the patrol car and the crime control orientation of policing.

The Technical Revolution
   Transformation from foot to automobile patrol b/w the 1930s to the present in America. Car patrols remove officers
   from the sidewalk, which isolates police from casual contacts w/ ordinary citizens, damaging police community
   relations. The impact of technology was ironic. How? The revolution of the car patrol came with the introduction of the
   telephone and 2way radio. This served to bring police closer to the people than ever before. However, at the same time
   the patrol car isolated police from the community.

   Technology radically altered the nature of police citizen contact. How? Contact now occurred in private residences
   contact (which presented police in dealing with personal problems – ie. disputes/problems arising from alcohol, drugs,
   mental illness, and poverty), the police lost with “ordinary” people and gained contact with “problem” people.

   Note: some argue that police involvement in the personal lives was present before the advent of the telephone. However,
   there were no observational studies performed before the 1950s to support this.

The Revolution in Public Expectations
   A major consequence of the technological revolution in policing has been a parallel revolution in public expectations
   about the quality of life. Why? There was now a mechanism for getting someone to “do something” about minor
   disorders and nuisances.

   The source and the victims of this revolution are the police. How? They have stimulated higher levels of public
   expectations by their very presence and their policy of more readily available services. However, at the same time they
   are prisoners of their own creation, swamped with an enormous service call workload.

The Mythology of Crime Control
   Conventional wisdom states that police organize their efforts around the goal of crime control (Wilson, Kelling, and
   Moore). Distinction bw the self-image of the police and the day-to-day reality of routine policing. Peter Manning argues
   that the police consciously created and manipulated this self-image as a way of establishing greater professional and
   political autonomy. However, the day-to-day reality contradicts this self-image.

   The sharp contrast bw the crime fighting imagery of the police and the peacekeeping reality of police activities was one
   of the first and most important findings of the flood of police research that began in the 1960s. Walker believes that
   “When Wilson, Kelling, and Moore suggest that the police are completely crime control oriented they seriously
   misrepresent the nature of contemporary policing.”

The Question of Legitimacy
   According to Wilson, Kelling, and Moore, the most important long-term development in American policing, has been
   the loss of political legitimacy. Walker believes that “The interpretation of police history offered by Wilson, Kelling,
   and Moore, …… is seriously flawed. The evidence completely contradicts the thrust of their argument.”
   Wilson, Kelling, and Moore concede that there was a lack of concern for due process, but argue there was an important
   trade-off. Legal concerns with due process denied officers the ability to use the tactics of rough justice by which they
   had enforced neighbourhood community norms.

    W,K, and M propose that the lost political legitimacy could be re-established by the older “watchman” style of policing.
   Walker argues that this is pure fantasy. Walker believes that W, K, and M are in error when they suggest that the police
   enjoyed the substantial legitimacy in the pre-technology era.

The Myth of the Watchman
    W, K, and M, resurrected the old myth of the friendly cop on the beat. Offer “watchman” style of policing as a practical
   and viable model for contemporary policing. What is the watchman style of policing? = An organizational style used in
   police departments that emphasize peacekeeping without aggressive law enforcement.

    This style of policing has been criticized. WHY? bc none of the historical accounts published to date presents a picture
   of policing that could be regarded as a viable model for the present as historians have not yet reconstructed a full picture
   of police behaviour in the 19th century. Historians have established that police officers had a few purposes:

   To get and hold a job

   To exploit the possibilities for graft that the job offered

   To do as little actual patrol work as possible

   Establishing and maintaining authority in the face of hostility and overt challenges to that authority

   Officers felt obliged to go through the motions of “real” police work by arresting occasional miscreants.

Summary and Conclusions
   Walker finds the analysis used by Wilson, Kelling, and Moore flawed in the following ways:

   The depersonalization of American policing from the 1930s onward has been greatly exaggerated.

   The crime control orientation of the police has been greatly exaggerated.

   There is no historical evidence to support the contention that the police formerly enjoyed substantial political legitimacy.

   The watchman style of policing is just as inefficient and corrupt as the reformers accuse it of being.


XII       ZERO TOLERANCE, COMMUNITY POLICING AND PARTNERSHIP (2003) - LES JOHNSTON AND
          CLIFFORD SHEARING

Introduction

   Two developments in governance have had a major influence on the way in which security is promoted. Shift in focus
   from the past to the future. Macroscopic shift in the way collective life is imagined and organized à “death of the social”
   and “birth of community”. The frequent use of the term “community” signifies that collective life is being fractured and
   decentred. Collective space and collective living are fractured by the emergence of “mass private property” ie gated
   communities, industrial parks, commercial shopping areas, offices and Recreational complexes.

   A corollary of this massive “re-feudalisation” of collective life is that a variety of governmental functions once
   associated with the state (garbage collecting, policing, etc) are now provided by “private governments”. This article
   examines Zero-Tolerance Policing (ZTP) and how it combines community-based modes of security governance with
   instrumentally-oriented/risk-based ones.

   ZTP is a mode of community policing precisely because it uses coercive techniques in order to apply pain for preventive
   ends within a dispersed governmental context. ZTP’s central objective is to effect prevention through community-based
   multi-agency partnership and, while being committed to prevention, the application of pain becomes a key preventive
   mechanism.
   Will look at 2 places where ZTP was used:

   Middlesbrough, England – ZTP is risk-based, information-led mode of community policing

   New York – ZTP’s use of coercive techniques for prevention

The Limits of the ZTP Debate

   4 main types have dominated the debate.

   ZTP as an heroic moral crusade

   Comparisons drawn between the Lone Ranger who rids the community of wrong doers and the police

   Ethical critiques of ZTP

   Notion that ZTP is a moral mission that assumes that “good” overcomes “bad” by the police’s zero-toleration of street-
   level law breaking and incivility.

   Policy is justified by the “Broken Windows” thesis – public toleration of routine minor incivilities on the street
   encourages a spiral of community decline and, in the long run, increases the risk of more serious crime occurring. Petty
   crimes known as “quality of life” offences. Critics say that ZTP encourages and sanctions police violence and
   discrimination.

Efficacy of ZTP

   The reduced crime can be attributed to events other than the use of ZTP. It’s argued that ZTP might produce a range of
   negative effects – rapid and costly expansion in prison population. Some officers acted corruptly in order to place ZTP
   in a positive light à it may not be as efficient as stats show.

Conceptual disputes about ZTP

   Ownership of the term “zero-tolerance” – feminists have been using ZT before ZTP was implemented. Recognition of
   the complexity of ZTP has been overridden by an emphasis on its “heroic” and “moral” essence. Speakers distance
   themselves from terminology of ZT.

Information, prevention and partnership

   Case study: Middlesbrough, Cleveland (England)

   Declining steel and chemical industry – high levels of unemployment

   High levels of crime exacerbated by heroin use

   Has the cheapest heroin in Britain available on its streets

   Home of Britain’s “new rabble underclass”

   Detective Superintendent Mallon appointed as Head of Middlesbrough CID who introduced ZTP in 1996. Principle
   aims: reduce all recorded crime, reduce fear of crime, increase public confidence in and support of the police, increase
   police performance. Prioritized house burglary, anti-social behaviour by young ppl, quality of life offences. Employed
   many “stop-and-searches,” of which few led to an arrest. Police were not bandit-catching but information gathering
   using stop-searches, stop-checks, stop-talks. Their strategy was to “win back the streets,” collect information, use ZTP
   with Problem-Oriented Policing (POP), and work with local agencies. Links between ZTP, multi-agency partnerships
   and the design and deployment of information-based modes of preventive activity à COPS approach – agencies will
   collectively deliver their services. See Gelsthorpe’s 5 different modes of partnership moving from least to most
   collaborative, Communication, co-operation, co-ordination, federation, merger. Middlesbrough’s strategy is aiming
   towards federation/merger. Shift towards community police reforms, such as ZTP, are part of the wider shift towards
   dispersed community governance. Pain, banishment and exclusion
   Case Study: New York

   Primary aim is to “take back the streets” by regaining control of public spaces and re-establishing a modicum of civility
   and safety for ordinary citizens who travel daily along streets and by public transportation

   Mass private spaces (ie gated communities) give rise to conduit problems – how to ensure that ppl move safely between
   fortified fragments. Can create private corridors between fortified fragments ie walkways above/below ground. An
   extension of mass private property

   Private bodies can pay to have their public spaces privately patrolled. Focus the attention of public police on the conduit
   problem. The ZTP strategy in New York then is to police the conduits. Focus on quality of life offences. Physical
   coercion – employ pain for the purposes of banishment and exclusion. Created an environment where risky people and
   risky actions were not tolerated.

Commonalities between Middlesbrough and New York.

   ZTP is a risk-based, intelligence-led form of community policing. Deploys traditional (coercive) means in the pursuit of
   non-traditional (preventive) ends. Linked to strategies of banishment and exclusion. Public police undertake ZTP.
   Deprofessionalization of ZTP emerging in Europe – use of citizens without police powers in policing quality of life
   offences à rationale is that the public police have other priorities other than the policing of minor criminal activity and
   nuisance so private police fill that gap. Ethical issues – allows someone to be banished from a public place or quasi-
   public place on the basis of having committed a non-criminal act that was deemed to be anti-social à and banishment
   may not stop once the conduct stops.


XIII        THEORIZING POLICING: THE DRAMA AND MYTH OF CRIME CONTROL IN THE NYPD -
            MANNING

Thesis/Short Summary:
   From approximately 1994 until 1997, crime statistics in NYC, as in most parts of America, were down for many
   reasons. This articles postulates that the media and key ‘experts” perpetuated the myth that it was Police Commissioner
   Bratton and the NYPD’s policies (including “zero tolerance” policies and rhetoric about accountability,) that were
   responsible for this drop in crime, ignoring other possible factors and turning a blind eye to the negative societal effects
   that zero tolerance policing had, particularly on minority groups of colour.

   Manning uses four stages for the purpose of his study:

   Order and its Breach

   Crisis

   Response and redress

   Conciliation

Background The Drama of Policing
   Dramaturgy explains how symbols are selectively presented in order to impress an audience. In policing, there is a
   tension between how the public perceives the police and the actual mandate that the police are given. Their mandate is to
   act, often quickly, and this necessitates making spontaneous, and unreviewed decisions. However, in order to legitimize
   police actions to the public, they must maintain an image of acting in a uniform and non-discriminatory way. For this
   reason, the police manipulate symbols and rhetoric to represent their actions as coherent, rational and coordinated.

   The imagery of an organization is crucial to retaining a market share, public trust and funding. The media play a wide
   role in developing this imagery, particularly for police, whose actions naturally invoke such concepts as violence,
   retribution justice punishment and revenge.

   Police top commands are increasingly aware of their relationship with the media, and Chiefs capacity to command
   media attention is considerable. Their aim is to maintain an image which is broad enough to win public trust and which
   allows for multiple definitions of police role and function. At the same time, the media can be turned against the police
   due to increased mobility, speed and intrusiveness, and thus police are more vulnerable than ever to public scrutiny and
   media scorn.

NYPD
   The NYPD was seen for a long time as a bureaucratic dinosaur that was top heavy with ambitious policepoliticians and
   barely able to stem unending, uncontrollable crime waves. It was characterized negatively as corrupt, violent and
   unionized. Although it had been changing gradually since the 70s, this negative imagery was transformed largely in the
   90s by media attention to Bratton, his ‘spin skills’ and use of the media.

The Four Stages
   Order and its breach

   Policing became to be viewed as “war,” and the strategy was described by militaristic metaphors making policing a
   matter of winning and losing, with the goal being the elimination of the loser rather than compromise and nonexclusive
   outcomes.

   Bratton encouraged zero tolerance tactics and “taking back the streets,” this was to be accomplished by making
   misdemeanour arrests in an attempt to limit more serious crime and to gather intelligence. The force was increased by
   12,000 The media emphasized Bratton’s “personal, effective direction” and also implied that he supported “greater
   accountability to the community and involvement in solving local problems.” These accountability references included
   no content, detail or explicit mechanisms for achievement of such a goal.

   Bratton’s techniques appeared to be succeeding, and in 1995, Bratton declared crime reductions in all categories on an
   average of +40%. He argued that policing produced these reductions, dismissing changes in demography, youth crime
   and changes in crack use as influencing factors.

   At this point, Bratton was seen as a hero who had confronted the mysterious foe, crime, and battled it ferociously to
   exhaustion. The crime decline was generally seen by the media and the social scientists quoted as a real and direct effect
   of Bratton’s policies. This media blitz continued from 1996 through 199

   Crisis

   In April 1996, Bratton resigned amid rumours that he had challenged Guiliani’s authority and was now a political threat.
   This, along with an inability to ensure a suitable successor, and public events that suggested problems with aggressive
   and violent police street tactics stimulated a perceived crisis in crime control.

   Claims against and complaints about the police (particularly by minorities) increased from 1992 to 1996; these tarnished
   in retrospect Bratton’s reign. Then in August 1997, a black Haitian immigrant (Abner Louima) was arrested, beaten and
   tortured. The media called this “the darker side of the zero tolerance doctrine” and suggested that such things were a
   tradeoff for a decrease in crime. No one suggested that such tactics had a cost to the city’s residents.

   Response and Redress

   The beating of Abner Louima, the publication of the rise in complaints and the Mayor’s continued emphasis on zero
   tolerance led to demonstrations and marches to city hall in 1997 and 199 The Mayor named a commission to study
   police violence, and the feds investigated the Louima case as a violation of civil rights.

   Public opinion of the NYPD and its policing policies outside of New York, however, remained positive.

   Conciliation or schism

   Two years after the Louima beating, NYPD shot an unarmed black man in 1998. In 1999, NYPD shot a street peddler,
   Adalo Diallo and a media event exploded. Diallo was shot by 4 officers who fired 41 bullets. These 2 additional
   shootings became key media events representing and emerging schism appearing between “the people” and “the police.”

   In this stage, the imagery of crime control orchestrated by a hero was juxtaposed with the imagery of violence and
   distress.

Spectacle Politics
   The drama of crime control is an example of spectacle politics. Most people in NYC, and those outside of it experienced
   crime via television and news reports. A spectacle is a scene to be viewed, felt, and appreciated (not understood or
   explained.) It is a morality play, where evil is opposed, confronted and hunted, and good is victorious.

   The media role

   The media played a part in first sustaining the reality of crime reduction and then in examining the downside costs of it.

   Experts as celebrities

   An essential part of modern politics is the manipulation of imagery and the appearance of competence. The media often
   use "experts" to do this, although these experts may or may not be competent, and their opinions may or may not be
   supported by evidence. Still, as long as the media protrays them as experts, they lend credence to news stories. In the
   case at hand, experts opinions varied.


XIV       POLICING DISORDER CAN WE REDUCE SERIOUS CRIME BY PUNISHING PETTY OFFENSES? -
          BERNARD E. HARCOURT

   Punishment in recent times is marked by 2 developments

   An increase in the number of persons incarcerated. The intellectual rationale for this increase is provided by
   "incapacitation theory"—the idea that a hardcore 6 percent of youths and young adults are responsible for the majority
   of crime and that locking up those persistent offenders will significantly impact crime rates.

   The popularity of "order maintenance policing". An approach to policing that emphasizes creating and maintaining
   orderly public spaces. This policy is driven by the "broken windows theory"—the idea that tolerating such minor
   infractions as graffiti spraying, aggressive panhandling, prostitution, public urination, and turnstile jumping encourages
   serious violent crime by sending a signal that the community is not in control.

   These two developments have common intellectual roots in the second half of the twentieth century. Conservative
   policymakers tend to argue for both incapacitation and broken windows policing.

   Among progressives, liberals, and the full spectrum of Democrats, order maintenance policing has been hailed as the
   only viable and feasible alternative to the three strikes and mandatory minimum laws that have resulted in massive
   incarceration.

Questionable social science
   Broken windows theory is popular today. The main reason for its popularity is that it is understood as an alternative to
   the incarceration explosion, which was popular in the latter part of the 20 th century.

   Problem with broken windows theory = there is no good evidence for the theory that disorder causes crime.

   The Manhattan Institute Study was conducted to determine the relative impact of four factors—broken windows
   policing, economic indicators, young male population shifts, and the decline in crack cocaine consumption—on violent
   crime in the 75 precincts of New York City.

   It concluded that the "measure of 'broken windows' policing is the strongest predictor of precinct violent crime in the
   model." Looking at the change over time, they find that neither demographics nor drug use patterns are significantly
   related to the drops in precinct violent crime over the ten-year study period. Unemployment is related to changes in
   crime rates, but in the opposite direction to what is generally assumed.

   Note: There are a two main problems w/ the Manhattan Institute Study:

   there are numerous alternative explanations that may account for the associations between the number of misdemeanour
   arrests and violent crime;

   the authors did not have the proper data;

The New York Story
    A number of large U.S. cities have experienced significant drops in crime since the early 1990s, in some cases
   proportionally larger than the drop in New York City's crime.

    One recent study found that New York City's drop in homicides, though impressive, is neither unparalleled nor
   unprecedented. Another study looked at the rates of decline in homicides in the seventeen largest U.S. cities from 1976
   to 1998 and found that New York City's recent decline, though above average, was the fifth largest.

    Note: Many of these cities have not implemented the type of aggressive order maintenance policing that New York City
   did. There was a remarkable decline in crime in many major cities in the United States during the 1990s. The bottom
   line is that the broken windows theory—the idea that public disorder sends a message that encourages crime—is
   probably wrong.

A Broken Theory:
   The central claim of the broken windows theory—that disorder causes crime by signaling community breakdown—is
   flawed. We have come to identify certain acts—graffiti spraying, litter, panhandling, turnstile jumping, and
   prostitution—and not others—police brutality, accounting scams, and tax evasion—as disorderly and connected to
   broader patterns of serious crime. When we peel away disorder from crime, it becomes clear that the model of
   orderliness offers to contemporary society:

   a classic mode of enhanced surveillance and;

   order maintenance policing provides a way to enforce an aesthetic preference, under the guise of combating serious
   crime.


XV        AN IRON FIST IN AN IRON GLOVE?' THE ZERO TOLERANCE POLICING DEBATE - MARTIN
          INNES

   Thesis: A critical analysis of the theoretical and practical bases upon which the zero tolerance approach is founded.

What is Zero Tolerance Policing (ZTP)?
   The fundamental tenets of ZTP strategies have been a concentration upon low-level public disorder offences such as
   graffiti, vandalism, public drunkenness and so forth The premise being that strong and authoritative use of coercive
   police powers, in respect of these types of behaviors, can prevent more serious types of disorder and crime from
   occurring.

   These strategies have been predicated on the ‘Broken Window Theory’ that suggests that particular areas become
   criminogenic where states of physical disorder in the environment are not repaired. Signs of dilapidation engenders fear
   in the lawabiding members of the local population whose informal mechanisms of surveillance and control are the main
   guarantors of order in a locality. This fear leads to a general retreat from public interactions amongst the lawabiding
   groups and thus informal controls decrease and criminal and disorderly activities rapidly increase

Assertive Policing in New York
   Success of ZTP accredited to New York. Six crime control strategies: drugs, guns, auto theft, corruption, domestic
   violence, and youth crime. Reorganized command structure: police commanders accountable for their own area. Used
   computerized information system to improve knowledge of occurrences of crime

Zero Tolerance Policing in Britain
   Not adopted country wide but targeted certain areas Targeted beggars, littering, vandalism, graffiti, etc. Authoritarian
   Populism. Symbolic significance: Police actions underscore and implement the intentions of the state. Public concern on
   crime gives rise to the popularity of ZTP’s ‘tough on crime’ approach. Advocates assert that:

   ZTP reduces fear of crime amongst the public.

   one can effect the reduction of crime by targeting key areas

   Dealing with the effects rather than the causes produce practical and efficient solutions to social problems
Alternative Visions: Problem Oriented Policing (POP)
   POP is founded upon a different conception of the relation b/t community and police than ZTP. Views the police not
   crime fighters but as problem solvers. Should identify, analyze, and devise effective solutions. Decentralize decision
   making and redistribute power within command structure

Against Zero Tolerance Policing
   Ignoring the Causal Explanations. Though there has been a real decline of crime in New York not certain that ZTP was
   the cause. San Diego experienced similar declines in the same period without ZTP. Crime has fallen in a significant
   portion of North America and Western Europe. Improvements in technology is also a factor in the reduction of crime.
   Increased number of officers also contribute the reduction of crime.

   Applying the Iron Fists of Policing. People conform to the roles they are placed. By encouraging aggressive policing,
   allegations of corruption, excessive force and police brutality have been made where ZTP was implemented. ‘Ecological
   contamination’ influences the amount of aggression used depending on the socio-demographic area.

   This has lead to increased civil actions against the police. Produces deleterious consequences for police public relations

   Short Termism and Isolationism

   Increased tactics to reduce crime are accompanied by increased public hostility towards police

   Policing low-level offences may not be efficient, removing the officer off the street for hours in paper work for every
   arrest; this counteracts the potential gains of having visible police presence

   Also creates a feed through effect of work to other parts of the criminal justice system ie. Courts

   By not addressing the root causes, may increase crime in the long term

The Labeling Critique
   Labelling low-level offenders may promote a longer term increase in criminality. Negative social reactions can act to
   amplify future participation in criminal activity. ZTP criminalizes a new sections of the population contributing to their
   social exclusion. Recidivism after incarceration is over 60%

The Liberal Democratic Critique
   There is concern for the policing of a democratic society becoming the ‘tyranny of the majority’. Policing strategies
   targeting unpopular minority groups. Constabulary independence, the separation of police and politics, is aimed to
   protect minorities.


XVI       ZERO TOLERANCE: BACK TO THE FUTURE - JOCK YOUNG

   The diversity of modern society creates a sense of nostalgia for the inclusive, secure world of the past. The last third of
   the 20th century witnessed a rise in crime rates in almost all industrialized countries in the world. This rise in crime
   occurred despite rises in living standards, expenditure in the criminal justice system and crime prevention measures.

ZeroTolerance: Policing a Free Society

   Five key components of zero tolerance policies:

   a lowering of tolerance to crime and deviance.

   the use of punitive, sometimes drastic, measures to achieve this

   a return to perceived past levels of respectability, order and civility

   the awareness of the continuum between incivilities and crime with both law spectrum “quality of life” rule breaking
   and serious crimes considered problems.
   the belief that there is a relationship between crime and incivilities in that incivilities left unchecked give rise to crime.

   *inspired by Wilson and Kelling’s article, Broken Windows.

   William Bratton, exCommissioner of Police in New York City did not adhere to a zerotolerance policy

ZeroTolerance and False Assumptions

   The basic assumption is that the approach used in Broken Windows was used in New York City and effectively reduced
   crime. Crime was drastically reduced in New York City in 1993-1999

   This is the only assumption which is true. The decrease was due to the specific innovative police practices of the NYPD.
   The decline actually occurred in many US cities, including those that used an opposite policy or no policy at all.
   ZeroTolerance was tried out in New York City.

   Bratton denies using the policy. It would not allow for police discretion and stretch the budget too far. Instead, Bratton
   shifted the policing focus to crimes of disorder. The Broken Windows approach was tried out in New York City.


XVII      DEVIANCE AND MORAL PANICS – STANLY COHEN

Moral Panic
   A condition, episode person or group of person who has been defined as a threat to societal values and interests; Its
   nature is presented in a stylized and stereotypical fashion by the mass media. Society deals with moral panic in two
   ways; it either passes it over and it is forgotten or it has serious and longlasting repercussions and might produce such
   changes as those in legal and social policy.

Relevant Frameworks of Analysis
   Sociology of Law and Social Programs – when a public concern about a particular condition is generated a symbolic
   crusade is mounted, which results in a moral enterprise which can result in legal consequences like Prohibition,
   Abortion Laws, Organized Crime laws, etc.

   Study of Collective Behaviour – society labels rulebreakers as belonging to certain deviant groups and once the person
   is thus type cast, his acts are interpreted in terms of the status to which he has been assigned.

The Transactional Approach to Deviance
   The empirical existence of forms of behaviour labelled as deviant and the fact that persons might consciously and
   intentionally decide to be deviant, should not lead us to assume that deviance is the intrinsic property of an act nor a
   quality possessed by an actor. Social groups create deviance by making the rules whose infraction constitutes deviance.
   The deviant is one to whom the label has successfully been applied. Essentially, there is no intrinsically deviant
   behaviour. It is only behaviour that is outside current societal norms.

   The transactional perspective does not imply that innocent persons are arbitrarily selected to play deviant roles or that
   harmless conditions are wilfully inflated into social problems. Primary deviation is behaviour which does not produce
   symbolic reorganization at the level of selfconception. Secondary deviation occurs when the individual employs his
   deviance as a means of defence, attack or adjustment to the problems created by the societal reaction to it. The
   internalization of deviant behaviour, and its continuance based on societal reaction is what leads to Secondary deviation.

Deviance and the Mass Media
   In industrial society most information on which people’s ideas are built comes from the media. It arrives already
   processed and filtered. The media play a role of thrusting normative concerns into the limelight, and as a considerable
   portion of the news is based on reports of deviant behaviour and its consequences, can create social problems quickly
   and dramatically. We react to this information based on our information about the deviant behaviour (which may have
   also come from the media) and our tolerance level for that type of behaviour.

In Application – Mods And Rockers in England
   The Mods and Rockers are labels applied to a form of adolescent deviance among workingclass youth in Britain during
   the 1960’s. They were initially registered in the public consciousness not just as the appearance of new social types but
   as actors in a particular episode of collective behaviour.

   The author analyses the Mods and Rockers in terms of three phases of social control: The Warning Phase, the Impact
   and Inventory Phase and the Reaction Phase. During the warning phase apprehensions about conditions that are real or
   not are amplified by communication from other members of society. During the Impact and Inventory phase, deviant
   behaviour is observed, and people form a preliminary picture of how this behaviour has affected their condition. The
   Reaction phase starts with a rescue of the nondeviant parts of society directly impacted by the deviants, follows with
   more deliberate and formal activities towards relieving the affected and finally ends with a reestablishment of
   equilibrium.

   This deviant model was developed from looking at disaster models, but rather than being linear and constant is circular
   and amplifying.

Conclusion
   The language used in the article is antiquated and full of connotation. The very word “deviant” behaviour makes Mods
   and Rockers sound like their actions threatened to destroy British society. But we can see the same principles at work
   here in Canada. In the recent news item about the two youths who killed the taxi driver while racing on Mt. Pleasant
   Road, a video game about racing was found in the car. This “deviant” behaviour obviously makes these kids a threat to
   society. Maybe we should ban racing games? Funny, shootings haven’t caused us to consider banning “shooting
   games”, but then again, the media never brought it up.


XVIII     BROKEN WINDOWS – WILSON AND KELLING

   Article based on disillusionment with the efficacy normal policing methods. Authors held that it is a mistake to judge
   police on their ability to reduce crime, because most of their work occurs after the crime is committed. It is more
   important to view the police as an institution that maintains orderly neighbourhoods that one that prevents crime.
   controlling disorderly behaviour is just as important as crime control, because controlling incivilities would revitalize
   the community in terms of internal controls and vigilance.

The Media and Moral Panic

   The mass media the atypical ie that which contrasts with everyday normality, is what makes news. It can be negative
   (crime rates) or positive (movie stars). The media also generate a drive to create news in small, soundbite sized portions.

   Claimmaking agencies. Claimmaking agencies make their living by convincing the government that they have a solution
   to the crime problem eg private drug clinics, crime prevention agencies, specialized police units.

   The public. Our era has a pluralism of values which leads to insecurity. Insecurity leads to nostalgia and a desire for a
   return to an imagined past of civility and predictability. There is a general cultural belief in the “miracle cure.”

The Cosmetic Fallacy and the Social as Simple

   The Cosmetic Fallacy crime is a “skin deep” social problem in an otherwise healthy society. Reverse causality crime
   causes social problems and not vice versa. Difficult to sustain in late modernity, especially with the focus on
   individualism and the blurring of what constitutes a crime or an offender.

   The Social as Simple. The social world is seen as a relatively simple structure. Also difficult to maintain in late
   modernity greater pluralism in the value system leads to greater social complexity. There is widespread conflict as to
   what is orderly and disorderly behaviour. Note that both theories go counter to modern theoretical perspectives on
   criminology.

The Limits of Tolerance

   What does tolerance man in a liberal democracy? The implicit assumption is that a liberal democratic state implies
   minimal penalty and is more tolerant of diversity (ie the reverse of zero tolerance). In some situations, especially
   feminism, zero tolerance may be desirable. The difference is that feminism is forward looking and not nostalgic. One
   way to respond to the rise in crime is to “define deviancy down” ie not classify issues such as family breakdown or
   mental illness as deviant. The main problem with zero tolerance is that it severs crime from context and focuses on order
   and expense of a clear vision of a safe society.


XIX       THE NEWS MEDIA AND ACCOUNT ABILITY IN CRIMINAL JUSTICE - ERICSON

Central Theme:
   The news media are not a separate entity from the criminal justice system, but function as an integral part of it and
   should be conceptualized as such. News media are key to people’s perception of government institutions, and since most
   news sources are government related, the two are intertwined.

Accountability and Account Ability
   Accountability is an obligation to give an account within one’s ambit of responsibility

   Account ability is a matter of strategic intervention and negotiating control. It is the capacity to provide a record of
   activities in a credible manner so that they satisfy the requirements of accountability.

Criminal Justice and News Media
   Criminal justice is a complex institution comprised of diverse organizations, people and communications media. The
   roles frequently overlap. Criminal law and news media offer a particular discourse of accountability. Ongoing contact
   between journalists and criminal justice officials allows officials to develop a more accountable/ legitimate appearance.

   All members of this process serve as “reporters” of socially constructed knowledge rather than dealing with actual
   observed activity. The focus is on symbolic versions of events created by others. The reporter therefore becomes part of
   the process of knowledge production and distribution. All reporting, even if routine has a “performative character” and
   “promotional value.”

   The news media police the police by focusing on procedural accountability as a requirement for sustaining legitimacy.

Communications and Account Ability
   Communications involved concealed and revealed knowledge (eg censorship and secrecy vs. knowledge and publicity).
   An organization often achieves legitimacy by censoring some aspects and revealing others. “Accountability is a matter
   of justified practices of secrecy, confidence, censorship and publicity. Justification is focused on whether criminal
   justice officials think news in a particular case will be helpful or harmful: whether it will enhance their capacity to act
   and to maintain strategic advantage over others.” Criminal justice officials legitimate themselves by keeping reporters
   happy by telling them certain things, which leaves them free to conceal others.

News Culture and Account Ability
   Journalists focus on what is out of place or deviant, and this procedural assessment involves a moral assessment of
   propriety. Legitimacy depends on the ability of authorities to make convincing claims that they are acting with social
   norms. Moral authority is something requiring consent and legitimacy is granted rather than implicit; the news media are
   complicit in the justice system achieving both of these aims. Modern culture requires that news be both objective and
   dramatic.

The Organization of News and Account Ability
   The “reality of news” is embedded within the influences between reporters and their circumstances. Unlike courts, the
   police cannot be closed to the news media. The emphasis on publicity leads officials to conform to news criteria.
   Accountability is therefore embedded in the communications practices and cultural and social relations that exist
   between journalists and the criminal justice system combined.


XX        “COPS”: TELEVISION POLICING AS POLICING REALITY - AARON DOYLE

Law and Order Ideology
   Society is seen to be on the decline b/c of spiralling violent crimes. The answer to this is tough crime control according
   to ideology. Due process and civil right are part of the problem b/c “right-thinking” people know criminals are guilty.
   Us vs. them mentality. Criminals are strangers, not family. Focuses on race and class – non-white and poor. “Cops” fits
   in with this ideology.

Naturalization (making it feel real)
   The realism of “Cops” relies on the veracity of firsthand experience, compared to news that appeals to legitimate
   authority. Concept of “real time” – footage is continuous over a few minutes but actually hours. Creates a sense of
   immediacy (present time) since no date is ever shown. The host cop talks directly to the camera but does not
   acknowledge the camera thus creating a sense of being there.

Identification
   “Cops” encourages the viewer to identify with police by providing them a protagonist for the story. Reinforces the us
   them dichotomy. Police are contextualized differently.

    the host officer’s name and rank is displayed while non-cops remain nameless

    host cop also provides autobiography to get to know him/her personally

    civilians are stripped of similar human background – no social context except criminal record

    blurring faces further depersonalizes criminals

    Point of view

    single viewpoint –that of the officer

    resembles fiction b/c it simulates the view of a character in film

    gives them a sense of being an officer too

    Verbal descriptions

    the host officer describes the sensation and satisfaction of their work

    pleasure from authorized power

    Voyeurism

    pleasure from viewing something private or forbidden

    the viewer overrules the wishes of others that they remain secreted

    experiences acts of dominance

    the warning of the “graphic nature” and concealing faces may also give this sense

    explicitly sexual

    authoritarian pleasures

    Closure

   Editing footage creates unambiguous storyline that has beginning, middle and end. To complete the scene, the host
   officer normally narrates some history and parts not captured on camera. Through the words of the officer the viewer
   knows that it was successful. Last words on wrap-up finishes the episode to resolve any issues left ambiguous.

   On the spot resolutions diagnosed and dealt with by police creates a feeling in viewers of presumed guilt. Heavy TV
   viewers had more bias towards guilt of suspect in survey. Moral of the story also given at the end – reinforces ideology.
Selection of Events and Situations
   “Cops” over represent violent crimes and the proportion of crimes solved by police. Producers select cases that are dealt
   with effectively. Producers depend on police cooperation and thus internalize pro-police attitudes. Police use “Cops” for
   self promotion. Unlikely that “Cops” would air footage that makes police look bad.

   “Cops” under represent Blacks and Hispanics and over represent whites as police officers. Further, over represent
   Blacks and Hispanics and under represent whites as criminals. “Cops” omits any act that is overtly racist behavior by
   police (censorship). Survey shows that viewers of “Cops” tend to have higher racial prejudice. Always go to poor areas
   to film, never wealth areas.

Ideology and Audiences
   Not all audiences believe that “Cops” is real, however research shows high percentage. Audiences perceive “Cops” to be
   more real than other crime fiction. Seen as very similar to local news. Audiences already inclined to law and order
   ideology.

   Survey shows that regular viewers are more fearful of being sexual assaulted, assaulted, shot, knifed, or killed. Likely
   that regular viewers watch “Cops” b/c of fear of crime. Idea of mutual reinforcement – reinforcing fear of crime among
   those are ready predisposed to those views.

Intertextuality
   Media products helps shape the meanings consumers make of other media products – news, entertainment, reality TV.
   TV package related to fear of crime reinforce fear – back to back “Cops”, “America’s Most Wanted”, ads for pepper
   spray. Viewed immediately after 6 ’clock news or before 10 ’clock news gives it more likeness to reality.Generally
   viewers draw on experiences of one media format to interpret another.

Media Logic
   “Cops” also shapes practices and situations in the criminal justice system. Police tailor their behaviour for the show –
   stage directions for “real” incidents. Interrogations or conferences b/t officers sometimes only for the benefit of the
   camera. Readymade situations for filming – truck intentionally abandoned in poor neighbourhood.

   Rituals of punishment involving media – parading suspects in handcuffs, lecture by police to criminal. “Cops” also
   influences police and would be police – educative function.

Hyper reality
   By crossing the boundaries b/t factual and fictional, it unsettles the notion of real. “America’s Most Wanted” mixes
   journalism with fictional techniques such as re-enactments. Outtakes from reality crime shows create comedy crime
   shows – “America’s Dumbest Criminals”. Conflating news and entertainment.

XXI       THE NEWS MEDIA AND ACCOUNT ABILITY IN CRIMINAL JUSTICE - ERICSON

Preamble:
   News Media process by which people get info about government institutions. News is a discourse of government
   accountability. Government agencies sustain particular version of events. 1/2 newspaper address aspect of crime or
   justice need to look at news media accountability in order to understand criminal justice accountability.

Thesis:
   News Media do not stand apart from the various arenas in which people seek criminal justice, but are integral to their
   everyday practice (part of crim justice not external). Whether a crime or criminal justice practice is publicized is related
   to the strategic interests of the parties involved and their “account ability” or capacity to explain their activities in a
   credible manner

Accountability and Account Ability:
   Accountability entails obligation to give an account of activities within one’s ambit of responsibility ex fiscal,
   statutory….entails record showing person acted in credible manner.
   Accountability articulated through discourses of rights and obligations gvts try to claim they have symmetry, however is
   practice humans are reflexive, adjust rights and obligations to contingencies such as knowledge, restraints……..since
   there is asymmetry we need to pay attention to account ability(the capacity to provide a record of activities that explains
   them in a credible manner so that they appear to satisfy the rights and obligations of accountability.

   Account ability is a matter of strategic intervention and “negotiating control” means to an end, invokes practices of
   secrecy, every act of publicity for accountability is an act of selection/distortion. JS mill says people need publicity from
   their government, Plato said organizations require shelter from publicity in order to arrive at reasoned decisions and
   carry them out. Law is “a species of social imagination….constitutive of social realities rather than merely reflective of
   them”

Criminal Justice and the News Media:
   Crim Justice system complex courts, police, government, news media….lots of overlap. News is part of the
   accountability structure, part of culture, criminal law and news function as cultural devices for the coordination of
   institutional activities of “ordering” and offer a particular discourse of accountability(ie..journalists have offices in news
   buildings). Criminal justice officials are able to refine their accountability in terms of news discourse

   Reporters establish relations with police officers..get tips, exchange info, write favorable stories, give coverage where
   police want it, reporters willingly join with members of the force in accomplishing their policing tasks, reporter is
   interdependent with the police officers regarding knowledge production and communication both inside and outside the
   police organizations..direct assistance to police(communicate emergencies), publicize crackdowns, dramatize police
   work foster sympathy for the police. All this makes police work seem proper. Because the media is seen as independent,
   it legitimizes the police when the media reports on them.

   coverage on type of crime= more money for the police, focusing on the few bad cops who get fired keeps the focus of
   the police organization as a whole

Communications and Account Ability:
   Communications form reality/ control knowledge= power

   Publicity is restricted by communications formats, interpretations. Accountability is a matter of justified practices of
   secrecy, confidence, censorship and publicity. Justification is focused on whether criminal justice officials think news
   will enhance their capacity to act and to maintain strategic advantages over others, whether it will be helpful or harmful.
   Criminal justice officials take proactive approach to the news media can control more

News Culture and Account Ability:
   Strong cultural influences on account ability in criminal justice system. News provides instructions on “where things
   fit”, not how things re Journalists consider questions of accountability primarily in terms of specific and sporadic
   incidents of procedural deviance, not in terms of significant and systemic processes of government.

   News allocates responsibility for action and attributes accountability. News offers pervasive and persuasive means by
   which authorities attempt to obtain wider consent for their activities. News focuses on individual authorities who are
   institutionally defined as accountable(supervisors). Process seen to be objective and strategic ritual of objectivity tends
   to encourage that spokesperson not likely to be questioned. Dramatization important part of criminal justice officials
   seeking accountability(i.e. picturing cops at work)

The Organization of News and Account Ability:
   Criminal justice system is subject to news system, but varies within the criminal justice system. Prisons closed to news(
   more internal administrative discretion), Courts less closed but reporters don’t have access to some parts (i.e. crowns
   office during plea bargains) only give official statements…so reporter reports pre established pubic information

   Police are not as closed to the media as the courts police is more porous, reporters have relationships with officers, can
   get info from them. Police are used by reporters to represent government accountability so they have to be more open
   with reporters. Legislature is very open politicians want to stay in office, use media to advance their agendas, lots of
   Public relations staff on hand.

Conclusion:
   Accountability by crim justice officials must be taken in context their ability to fulfill that obligation. Accountability is
   really embedded in communications practices, cultural and social relations that develop between reporters and their
   source. Need to consider these practices to see if crim justice officials are really accountable.


XXII      R V MCCURRACH: OUTLAW MOTORCYCLE GANGS AND MORAL OUTRAGE

   This case involved the establishment of road spot checks to assist in "intelligence gathering" by videotaping and
   photographing the members of targeted motorcycle gangs. The Court held that there was a violation of sections 7, 8 and
   9 of the charter which was not justified under s

   For the purposes of this course, should the police be acting outside the law in order to police “Outlaw Motorcycle
   Groups (OMGs)”? Is moral outrage enough to justify breaching of charter rights in accordance with the values of a free
   and democratic society?

   Frandsham J. rules that the police relied upon the idea of public fear of OMG’s and their own unproven ideas about
   those gangs to justify unlawful actions in the pursuit of intelligence gathering on these organizations. He found that the
   prosecution failed to present either credible witnesses or solid evidence in support of the supposition that the Hell’s
   Angels were a criminal organization.

   Furthermore, he detailed three charter rights which the actions of the police violated in pursuit of these goals. His
   analysis of if they are saved under s. 1 of the charter was brief due to his findings that the detention of the Applicants
   was not authorized in law, thus section 1 of the Charter does not apply.

   He does not find a breach to section 6 (mobility rights) or section 2(d) (freedom of association).

   The Judge does not come to a conclusion about the justification of charter breach based on moral outrage, but I will:
   Nope, Canadian law does not support the idea of public moral outrage supporting breach of the charter under s. It’s a
   silly                                                 idea                                                    really.



XXIII     LAW COMMISSION OF CANADA, “IN SEARCH OF SECURITY: THE ROLES OF PUBLIC POLICE
          AND PRIVATE AGENCIES” (2002 REPORT)

Introduction
   Modern society is a risk society people take steps to minimize exposure to risk. Advent of mass media means that we
   can all watch shootings, riots, etc as they happen far away. This makes us feel helpless. We purchase private personal
   security to make us feel safer. Some ppl are in a better position to manage their security. More $$ = more private
   security (ie alarm systems). Canada has always strived to provide security to everyone regardless of social class. This
   paper deals with the changes in Canadian society and the shift to private citizens for managing their own security.

Policing in Canada
   Police as institutions are creations of the govt. and often signifies public institutions. Policing as an activity encompasses
   all activities whether done by public or private personnel. For this paper, policing is defined as activities of any
   individual or organization acting legally on behalf of public or private organizations or persons to maintain security or
   social order while empowered by either public or private contract, regulations, or policies, written or verbal. This
   excludes vigilantism and other forms of illegal protection operations

   The line between public police and private security has blurred (Written in the aftermath of Sept. 11th 2001):

   Pre 9/11 – traditional reliance on private security

   Post 9/11 – should govt play a greater role?

   For the past 30 yrs, private policing orgs have grown and # police officers has declined

Networks of Public and Private Policing
   Complex networks of policing that reflect a mix of public and private security providers are emerging. Multilevel
   policing: public police contract out patrol services to private security firms.

Blurring of private/public
   Blurring of private and public is amplified b/c some private security agencies look and act like public police. Citizens
   often think they are dealing with a police officer when they are instead dealing with a security guard. Some argue that
   they should look like public police b/c they are all engaged in policing. But private security officers don’t have the same
   level of authority as public police officer.

   Further blurring: “pay duty” officers – private clients hiring police officers for their events. Although they may act in the
   public interest, they also support the private interests of the owner of the premises. Problem: taxpayers are subsidizing
   the insurance and liability costs of securing an event on behalf of a private person or corp. ie if you were denied entry to
   the event and you decide to sue, you would be suing the public police, which rely on public funds.

   Private security agencies also being hired to perform some of the functions that the police used to perform. Public police
   and private security agencies often develop cooperative relationships with one another. Exchange info about ppl and
   events in a particular jurisdiction. In community policing, there may be partnerships between them. A controversial
   issue – financing of investigations by private corporations.

Why the rise in private policing?
   The “expectation gap” – the gap between what people expect from the police and what the police can deliver.

Governance Framework
   Private security officers have the same power to arrest another as an average Cdn citizen – the difference is that public
   police can arrest on reasonable and probable grounds that an indictable offence has been or will be committed, and
   private citizens (and private security officers) must actually see an individual committing an indictable offence before an
   arrest can be made. Police officers have the right to search and seize property and similar latitude is given to private
   security personnel working in sensitive industries.

   The doctrine of state agency:

   Charter doesn’t apply to private citizens

   Charter does apply to individuals acting as agent of the state

   All arrests (doesn’t matter if it’s public or private officer) are subject to the Charter

   But detainments of a private citizen by another private citizen are not subject to the Charter

   Not all searches by private investigators are subject to the Charter depends on the context in which they were made. If
   the search was for a private purpose (ie civil law suit), the Charter does not apply.

   Public policing is regulated by provincial police acts; provincial statutes regulate contract private security, but not
   “inhouse” or proprietary security.

Use of enforcement tools - private security agencies is controlled. Security and Policing in a Democratic Society

   4 main principles: Justice, equality, accountability, efficiency

   Justice – everyone ought to be treated fairly and their “rights” respected

   Charter protection from unjust treatment by public police but not private security officers

   Principle of justice requires there to be a balance between the crime and the punishment

   Public police: charges are dealt wi
   harshly for small offences.

   Private security: punishment may or may not be deserved. There is no appeal for such a “penalty”
   Equality – everyone ought to receive policing services sufficient to feel safe in their community and that there is
   representation and participation by all members in the delivery of policing services

   Access to security issues ppl with more $ can afford private security

   A representative and inclusive police service helps maintain trust between a population and its police

   Inclusiveness is a central focus of community policing

   Private sector also been adept at inclusiveness.

   Accountability – actions are subject to review, formal channels for complaints

   Public more accountable than private:

   Public police are politically accountable since elected officials appoint the chiefs of public policing services.

   Court system examines conduct of officers to ensure they acted within their legal mandate.

   Administrative accountability mechanisms – internal and external Boards

   Efficiency – services provided in costeffective manner

   Need to balance the goals above with the costs. Cannot afford to spend if the costs are disproportionate to the benefits.

Governing Policing in the Future
   Current regulatory environment may not reflect distinctions between public/private policing. Professionalization of
   private security may address some of the issues raised. Organizational structures – fragmentation in the security industry
   can have serious consequences. This creates risks for the delivery of effective and democratic policing. Govt would be
   able to better respond if it had more statistical data about the private security industry.

   Minimum standards for training & encourage lifelong learning – can improve the quality of private security interests.
   Proposed change from police colleges to policing colleges to ensure that all have access to stateoftheart training and
   education facilities.

   Oversight – lack of system of public oversight for private security sector. Critics argue that it is incompatible b/c they
   operate in the interest of their clients and are uninterested in and unaccountable to the ppl they police.

   New proposed regulatory models:

   Private security companies regulated by public police forces.

   Development of communitydriven policing boards to organize and regulate public and private policing activities


XXIV      CHANGING POLICE CULTURE POLICING IN A MULTICULTURAL SOCIETY - CHAN

   Push to improve relations with minorities. Need more than piecemeal change, need to systematically to at fundamental
   police deficiencies (i.e. recruitment, training, philosophy) . Emphasize accountability and community partnership
   (coincides with movement to professionalism of police officers). Dramatic departure from traditional policing (police
   need to be responsive, innovative and creative. New strategies directed at structural or cultural organization of policing.
   Two approaches to achieve police accountability tighten rules as a means of controlling police discretion changing the
   informal culture of police orgs

Tightening rules
   Change leg, admin rules, codes of conduct, policy…. i.e. pass leg saying police cant beat you down, or that have special
   duties to uphold in police code. Policies of access and equality, statements by police, complaint mechanism…. Set goals,
   design indicators(i.e. number of beatdowns), make schedules…all as part of the strategic planning….but need resources
   and monitoring to do this or its all a bunch of crap. People given interpreters by police..help deal with perceived
   inequality and racism. Some cops don’t like to use interpreters..causes problems..so can put regs into place requiring this
   but run into cost tradeoff issues.

   In theory easy to make policy and tell beat cops to do it, but in practice they are tight with other beat cops not with
   police management, so reform from top down may be ignored they have a “I’m a bad ass street cop” thing going. Idiot
   street cops fight back. Don’t like changing the rules on them. “police executives are enthusiastic and optimistic about
   change, but for parole officers at the ‘coalface’ it is business as usual” Despite all this, rule tightening is popular.

Changing Police Culture 2nd approach
   Need to complement rule tightening with culture change, or dumbass cops just go around the rules anyways.

   #1New recruitment and training strategies. Train recruits in racism…hire smarter cops(so maybe they have finished high
   school now) hire natives, colored, women cops because their backgrounds make them understand these issues more.
   Teach native history, cultural sensitivity, communication, need to be careful or just could reinstall prejudice values to
   “commonsense” cops. Training needs to be practical, not abstract and be relevant to local police operations. Special
   courses to bring aboriginal candidates up to speed so they can attend police training

   #2 Community policing. neighborhood watch, community initiatives. Partnerships, liaison officers, safe houses,
   feedback, print info in different languages, decentralize police commands, women’s safety projects, ethnic advisory
   groups. Despite rhetoric community policing usually just token and an aside for publicity…ie consultation with the
   community just involves respectable, nontroublesome people.

Weakness of cultural change
   Cops just use deviant practices anyways…resist change. Women cops become defeminized, black cops just act like the
   majority white cops and take the status quo(ie they accept racist jokes)

Conclusion
   To get rid of police racism use both rule tightening and cultural change, but both have flaws.



XXV       04/03 GEORGE S. RIGAKOS - CONSTRUCTING THE SYMBOLIC COMPLAINANT: POLICING
          SUBCULTURE AND THE NON-ENFORCEMENT OF PROTECTION ORDERS FOR BATTERED
          WOMEN

Summary

   sub-cultural norms found in the police occupational psyche and how these constructions are created and affected by
   larger societal attitudes toward women.

   the dominant values of the Force are still in many ways those of an all-male institution such as a rugby club or boys
   school

   these perceptions help foster a selective memory process that magnifies the rare event of a battered woman failing to
   appear or refusing to testify and comparatively diminishes those cases that result in successful prosecutions.]

   Police officers are quick to blame an inadequate legal system for women’s suffering and mistreatment. Blame women
   themselves

   police erroneously conclude that women are reluctant witnesses they must keep in mind that survivors have every right
   to be suspicious of a criminal justice system that has often failed them.

Article

   This project centres on the relationships between sub-cultural norms found in the police occupational psyche and how
   these constructions are created and affected by larger societal attitudes toward women.
Prevailing attitudes toward women are contextualized within the daily occupational culture of the police department and
then linked specifically to individual officers’ perceptions of the phenomenon and their general opinions of battered
women.

Family lawyers consistently express frustration with a system that barks but never bites. The major problem they suggest
is the problem of enforcement of restraining orders.

Of the evaluative studies conducted on civil restraining orders that consists of interviews with survivors, there is
consensus that restraining orders “could” work, but do not, because of police inaction.

The law in Canada provides both criminal and civil protective court orders. Feminists have argued that this division in
law has facilitated a general ambivalence toward protective orders issued through civil processes.

In terms of the police subculture, the dominant values of the Force are still in many ways those of an all-male institution
such as a rugby club or boys school.

The masculine occupational culture of the police department has contributed to negative stereotypes of women as liars,
manipulators, and unreliable witnesses; has fostered erroneous assumptions about the cause of violence in the home; and
has pointed the finger at the “system”. In addition, these perceptions help foster a selective memory process that
magnifies the rare event of a battered woman failing to appear or refusing to testify and comparatively diminishes those
cases that result in successful prosecutions.

Police officers are quick to blame an inadequate legal system for women’s suffering and mistreatment. These criticisms
are, of course, not limited to the issue of violence against women, complaints about “the system” are a pastime of police
services around the world. Police rationalize their inaction when protective orders are breached by citing bureaucratic or
technical impediments to obtaining a conviction. They also believe that restraining orders are too liberally dispensed and
rarely taken seriously by judges and lawyers.

Legal agents believe that the orders lack effectiveness because the police fail to enforce them. The perception is that
police misunderstand court orders and cannot respond adequately; that is protective orders are ineffective because of
police ineptitude.

The police hold conservative vies on most topics including the preference that women adhere to traditional behaviours
such as mothering and housekeeping.

When asked why “domestics” occur, police officers cite alcohol consumption and other situational variables. Although
suspicious of all informants, the police may be more ready to validate the rationales of the man that the cries of the
woman. Adopting societal definitions of women as manipulators and liars, the police hold sceptical views of women
who protest against their treatment by intimates.

Officers complain that they invest a tremendous amount of effort and time to prepare a case against the offender only to
be abandoned by the women at trial. Police thus feel betrayed by an ungrateful women. Abandonment at trial
occasionally results in personal resentment being built up against battered women.

So disturbing is the incident of a survivor abandoning the officer at trial that a single case may set the stage for that
officer shying away or “thinking twice” about effecting an arrest.

Why is there such a gulf between perception and reality by the police about witnesses at trial? The answer may have
much to do with selective recall and a subculture that quickly reinforces both positive and negative “war stories”.

Such stories of betrayal are circulated within hyper-masculine police culture that reifies society’s stereotypes of women.
In this way “symbolic narratives” representing battered women as manipulative, deceitful and masochistic, are diffused
within a subculture “pre-wired” to receive them.

The data reveals how macro-level theorizing about patriarchal relations in society might also be applied to
understanding micro-level decision-making by the police.

When police erroneously conclude that women are reluctant witnesses they must keep in mind that survivors have every
right to be suspicious of a criminal justice system that has often failed them.
XXVI      04/03 KUSZELEWSKI AND MARTIN: THE PERILS OF POVERTY: PROSTITUTE’S RIGHTS,
          POLICE MISCONDUCT, AND POVERTY LAW

Summary:

   Representation of Prostitutes by PCLS. PCLS’ support of street prostitutes was met with outrage from all levels of govt
   and debate began on how to address the situation: legalization, decriminalization, red light districts, further
   criminalization but no changes were made.

   Representation of tenants, domestic abuse cases.Brought about some change.

   “police misconduct” for both serious, overt acts of violence and abuse of authority as well as hidden, systemic abuses
   manifest in racist and sexist attitudes The experience of PCLS is that all police misconduct is systemic and the product
   of institutionalized policies and practices, both officially and unofficially sanctioned

   Police Methods: The End Justifies (and Determines) the Means: Selective enforcement of sex and drugs.

Kuszelewski Perspective: Background and Parkdale Community Legal Services (PCLS)

   Kuszelewski was the supervisor for the landlord and tenant group at PCLS

   Representation of street prostitutes as victims of police misconduct were largely left to private defence bar rather than
   legal clinics b/c of the stigma of criminal defence work and also the illicit glamour in it such that a decision to take on
   criminal cases would result in criminal work overriding other cases.

   But these are the types of clients who have a real need for the assistance of legal clinics

   PCLS began representation of prostitutes in late 80s/early 90s

   Police tactics were questioned – police officers posing as johns to catch prostitutes “communicating” and also posing as
   prostitutes to catch johns “communicating” – why is the decoy police officer always on the receiving end of the
   communication? But evidence by a communications professor was not allowed in the courts as the trial judge knew what
   communicating was without the need for the witness.

   PCLS had difficulty maintaining an effective legal presence. It was stated by a NY defence counsel that “What happens
   to prostitutes matters to no one…public decorum is satisfied b/c whores are arrested. This is the justice men bestow on
   women.”

   Policing was the tie btw representing street prostitutes and tenants – similar concerns about violations of their basic legal
   rights.

   PCLS’ work in landlord and tenant law in the revitalization of run-down rooming houses were seen as an attack for
   defending the addicted or criminal poor or as an active support of drug use and criminal behaviour.

   PCLS’ support of street prostitutes was met with outrage from all levels of govt and debate began on how to address the
   situation: legalization, decriminalization, red light districts, further criminalization but no changes were made.

Martin Perspective: Police Misconduct, the Law, and Change

   Martin was the academic director at PCLS

   PCLS’ police project aimed to expose the lie about misconduct (that it did not happen) and to find remedies. Also
   attempted to demystify and de-centre the law and emphasize community organization and education.

   Uses the term “police misconduct” for both serious, overt acts of violence and abuse of authority as well as hidden,
   systemic abuses manifest in racist and sexist attitudes

   “Police crime” is usually limited to overt, criminal conduct
   The experience of PCLS is that all police misconduct is systemic and the product of institutionalized policies and
   practices, both officially and unofficially sanctioned

   Police Methods: The End Justifies (and Determines) the Means: Selective enforcement of sex and drugs.

   Police abuse of marginalized women arises from and reproduces class whore/Madonna stereotyping

   Community demands strong police presence but police intervention often impacts primarily on marginalized women,
   racial minorities, and ppl with AIDS.

   Role of Law – police are answerable only to “the law” and free from political interference is seen by many as the sacred
   trust of the police in a democracy à “constabulary independence” is a widely cited response to demands for more civilian
   control

   Police reluctance to interfere in domestic disturbances led to legal reform – mandatory charge, no drop policies
   implemented. But this narrow, legalistic response is inadequate at best. Access to community support is far more
   relevant, esp. b/c many minority women are reluctant to call police.

   Police use of deadly force can bring public outcry that criminal charges be brought. But in the Johnson case, the family
   brought a civil suit which was a legalized strategy that primarily benefited the police – officers were acquitted and the
   lawsuit was settled in a secret agreement – no opportunity to explore systemic issues of racism and treatment of
   mentally ill persons.

   Response to demands for reform is slow and limited in scope

Where to go from here: Reclaiming the agenda (truth telling), reclaiming the law, and coalitions and community,
PCLS

   Media attention and public inquiries to challenge and question police practices

   Participating in public inquiries provide an opportunity to advance a more broadly based agenda and to preserve a public
   record, which may provide a basis for future work – it also produces a record of the extent of resistance to public
   accountability by the police.

   Coalitions and the community can apply persistent and political pressure in order to effect significant change in policing
   strategies

   The PCLS recognizes both the enduring nature of police misconduct and the importance of sustained pressure for
   change and support to individuals and communities harmed by it – provides a base for support and a headquarters for
   strategizing – allows for community education b/c information engenders confidence to fight back, provides legal and
   support services to victims of police misconduct, participates in law reform research.

   Focus has continued to be on giving a voice to the most vulnerable and on keeping track of their words.

XXVII     04/03 - JALNA HAMMER, JILL RADFORD, AND ELIZABETH A. STANKO -POLICING, MEN’S
          VIOLENCE: AN INTRODUCTION - 1989

Summary:

   protection is conditional upon women meeting police notions of “deservedness” and the circumstances of the attack
   meeting their definition of crime

   Rape myths:

    women lie about being rapes;
    women are not reliable witnesses;
    women are prone to exaggerate;
    women report being rapes in order to get attention;
    degree of the woman’s resistance was a fair measure of the credibility of the rape ‘story’;
    some women enjoyed being raped;
    some women deserved to be raped;
    believe rape is a ‘sexual’ crime rather than an act of power/control and violence.
Introduction

   the article is about with how police deals with women’s needs when they suffer from violence from men

   2 major ways in which demands for reform have surfaced in the past 2 centuries: the demand for women police and the
   demand that violence against women from men be treated as crime

   different words and terms have been used to describe women’s experiences of men’s violence over time and in different
   cultures – like “unspeakable horror” or “rape”

   in the early days of the present wave of feminism, domination and subordination are seen to be located in socially
   constructed relations through which men maintain power over women and children

   heterosexuality became a system of social relations rather than simply sexual practice

   “hetero-reality” is used to describe the world view that woman exists always in relation to man

   the article explores how the treatment abused women received is always mediated through experience with men

   it is important to see the underlying relations of differential power, domination, exploitation and oppression by men of
   women in the terms used to describe men’s violence

   violence against women is a specific example of a more general failure in effective responses to interpersonal crime by
   the police

Gender Power Dynamics and Violence

   the culturally sanctioned views of women and women’s role are embodied in legal, economic and financial
   discrimination against women and are expressed through social institutions and processes, for example, the police

   violence may be used by men to control or punish women who challenge, or are seen to be challenging their authority

   men can assert their power as individuals and as a sex class this way

   men’s violence against women and children is identified by radical feminists as central to the maintenance and
   reproduction of all exploitative social relations

   men are not innately violent because if they were, that means it is unchangeable and critiques of their misogynist
   oppressive practices would be meaningless

Women’s Alternatives to Police Protection

   in many countries, women have established their own support networks to compensate for the failures of police to offer
   support or protection against men’s violence

   eg. women’s refuge, shelters, rape crisis centres

   but despite these collective resistance strategies, many women still have no option but to turn to police

Do Reforms Reinforce Existing Gender Stereotypes?

   in evaluating police reforms, we need to ask whether the reforms secure safety for all women or simply provide
   protection for certain women against some forms of men’s violence
   if reforms are geared only to curbing the more obvious or conventional excesses of male violence and to protecting
   women the police define as deserving of protection, then women’s demands will only shore up existing relations
   between men and women rather than secure the feminist aim of autonomy for all women irrespective of class, race, and
   sexual orientation

The “Deservedness” of Police Protection

   police make a distinction between attacks they deem to be justifiable (and require police attention) and those that are not

   this decision-making process shows that police do not offer unconditional protection to all women against forms of
   men’s violence

   rather, their protection is conditional upon women meeting police notions of “deservedness” and the circumstances of
   the attack meeting their definition of crime

   these notions are inevitably informed by the misogyny, racism, classism and heterosexism of dominant social ideologies

   to the extent police refuse to intervene to assist women, they are effectively legitimizing men’s use of violence as a form
   of social control

Gender, Race, Class, and Sexuality

   the position of men and women vary on the key dimension of gender, so that wile some men may be less valued because
   of their race, class, or sexuality, all men by virtue of their gender have power as men in relation to women

   women’s lives are affected by the interaction of differing structures of power in contemporary Western societies

   eg. a black woman in Britain will be more disadvantaged and victimized than a while woman

   we have to understand that the interactions around these power structures are not static but dynamic

Public v. Private Split

   the public/private split represents who is to be policed and how

   women’s’ victimization patterns differ from those of men primarily in that women’s attackers are much more likely to
   be close associates and the offences are most likely to occur in and immediately around the home

   strange men in public, while greatly feared and constitute a real and symbolic threat to women, constitute less of a
   danger to women numerically speaking

   while attacks on women occur more frequently in the home, men rarely fear attacks from their partners and children

   thus, assaults on men are more likely to occur in public

   public assaults are more likely to be defined as crime by the police

   this has significant impact on the way violence on women is policed

Reform and Structural Change

   many assume that to bring about a structural change in policing means altering policy

   this approach ignores the entrenched and powerful occupational culture (sexist, racist, “cult of masculinity”) that exists
   among police

   to expect any attempt towards institutional change in policing men’s violence, one must have a better grasp of this
   occupational culture, how it is steeped within a masculinist view of gender social relations and how resistance to
   imposed change is organized
XXVIII 04/03 – CHILDS AND CEYSSENS - DOE V. METRO TORONTO POLICE – THE STATUS OF PUBLIC
       OVERSIGHT OF POLICE IN CANADA – 1998

Summary:

  Views police oversight from a criminal/judicial view.

  The trend in police civil liability: civil actions against the police have been increasing, many of these cases involve
  novel causes of action, the courts are awarding judgement against the police in many important cases, the awards are
  large and include costs, other cases follow on the success of these cases.

  Areas of civil liability: Negligent Investigation, Workplace Harassment, Negligent Supervision, Police Pursuits, Police
  Use of Force, Care of Persons in Police Custody.

INTRODUCTION

  Doe raises several prominent issues in police oversight, most notably the availability of damages under the CORAF and
  potentially onerous new duty on the police to warn potential victims of crime.This article examines the significance of
  this judgement in light of recent trends in legal accountability of the police and its impact on policy decisions for police
  forces and their governing bodies.

FACTS AND FINDINGS

  The facts are well known.The novel duty of the police for warning potential crime victims was established. The court
  found that Metro Police were liable in negligence and for violation of Doe’s 15(1) and 7 charter rights.She was awarded
  $175,000.

DOE AND RECENT TRENDS IN POLICE CIVIL LIABILITY

  Although Doe does set important new ground, it should be viewed as one in a large number of recent cases where the
  civil courts have examined an important aspect of police conduct in detail and found it wanting.Trends in police liability
  can be summarized as:

   civil actions against the police have been increasing
   many of these cases involve novel causes of action
   the courts are awarding judgement against the police in many important cases
   the awards are large and include costs
   other cases follow on the success of these cases
  Emerging areas of scrutiny:

   Negligent Investigation: persons charged by the police have sued after criminal proceedings have been disposed of
    in their favour.Bechstead v. Ottawa (City) [1997] Ont CA Police owe a duty to perform a careful investigation of the
    complaint before laying a charge. Awarded $20K.
   Workplace Harassment: harassment in the police work place.Clark v. Canada [1994] F.C. Intentional infliction of
    nervous shock.Awarded $93K
   Negligent Supervision: negligence on the part of supervisors owe a duty to supervise their subordinates. Berntt v.
    Vancouver (City) [1997] B.C. S.C. Negligence not established.No award.
   Police Pursuits: where pursued vehicles cause damage.Ontario (AG) v. Keller [1978] Ont C.A. Police found 25%
    liable in collision.
   Police Use of Force: from firearms, battons, pepper spray, dogs, choke holds, weapons of opportunity.
   Care of Persons in Police Custody:police owe a duty at law to people in their custody.To enquire as to status,
    provide medical attention where required.
   Compare to Hill v. Chief Constable Of West Yorkshire – English House of Lords favoured restraint.Found police duty to
   warn limited.Otherwise, “The result would be a significant diversion of police manpower and attention from their most
   important function, that of the suppression of crime.”

RECENT TRENDS IN OTHER MECHANISMS OF POLICE OVERSIGHT

   Other methods of oversight include quasi-judicial administrative boards and tribunals.Internal police discipline, public
   complaint process.The administrative tribunals have looked at traditional issues like use of force and new ones like
   discrimination.Internal police discipline have turned to remedial models.Human rights tribunals findings against the
   police are becoming more common.



   The criminal courts are using the charter to punish police misconduct.Police procedures considered entirely acceptable
   twenty years ago have fallen victim to the increased desire for regulation and public accountability.

   Organizations like the SIU have been established, charged with investigating circumstances of serious injuries and
   deaths that may have resulted from criminal offences committed by police officers.A tension has been created between
   the need for genuine public accountability of police actionsand the concern that the duty to cooperate may force officers
   to testify against themselves.

THE SIGNIFICANCE OF THE DOES JUDGEMENT FOR POLICE FORCES AND THEIR GOVERNING
BODIES

   The two important results of the Doe decision are award of damages under the charter and the legal implications of the
   duty to warn.

   Award of damages under the charter has been sparse.Three cases are listed:

   Crossman v. the Queen [1984] F.C.T.D.– Breach of 10b rights.$500 awarded

   Chrispen v. Kalinowski [1997] Sask Q.B. – Breach of s8.rights. $3k awarded

   Krznaric v. Chevrette [1997] Ont Gen Div – 15(1). $13k awarded

   The Doe case has weak analysis of Charter rights and their relation to negligence by the police.

The duty for the police to warn:

   What is the extent of that duty?

   How far do the police have to go to seek out potential victims and ensure the message is heard?

   What level of information in police hands triggers this duty?

   Disclosure should only be made when there is a pressing need for that disclosure – R. v Chief Constable of North Wales
   [1998]

   A public body must disclose information to the public without delay where risk of serious harm exists to the safety of
   the public or where disclosure is clearly in the public interest. – Freedom of Information and Protection of Privacy Act
   (Note that in Clubb v. Sannich (District) [1996] B.C.S.C. the court found the police have a duty to warn the person about
   whom the information is to be released.

XXIX      03/28 – ANDERSON AND ANDERSION MANUFACTURING GUILT: WRONGFUL CONVICTIONS
          IN CANADA – 1998

Summary:

   The police, in building their cause against a prime suspect, may suppress, lose misinterpret of overlook evidence that
   supports the defendant’s claim of innocence. Once this occurs, it is very difficult for the wrongfully convicted to free
   themselves. This is a form of police misconduct that is largely undetected because it is perpetrated against powerless
   members of society.

   No one knows how many people are wrongfully convicted.

   Police play a powerful role in deciding who gets arrested, convicted.

How many are wrongfully convicted?

   There is very little research in Canada in this area so an exact number is impossible to define.

   A study in Britain found as many as 6% of the prisoners were innocent, and one in the US found 15% of prisoners were
   wrongly convicted.

How are individuals wrongfully convicted?

   Police may suppress evidence in favour of case building.

   “Jailhouse testimony” is used by police masquerading as fellow inmates.

   Testimony is often gained through coercion, especially if the witness’ existing class or racial biases are exploited.

   Expert witnesses for the prosecution may overstep their bounds.

   Judges may be biased.

   The Canadian adversarial system rewards lawyers who win cases, sometimes at the expense of justice, whereas other
   lawyers do not adequately defend their clients.

   All of these above factors are exacerbated by systemic social inequality.

Social Inequality, Crime and Wrongful Conviction

   The use of the legal system as an institution works as a tool for maintaining the legitimacy of the social order by
   emphasizing the activities of wrongdoers or those thought to threaten the structure of society.

   The legal system functions as an extension of these social values.

   Marginalized people understand that the law is biased and may act in ways that bring them in direct conflict with the
   legal system.

   The judicial system tends to be more likely to convict someone of a lower class and less likely to be granted bail/
   leniency on the grounds that the upper class offender has “suffered enough” through loss of social status.

   Police play a role in deciding who to investigate, arrest and charge.

   AfroCanadians and First Nations people are particularly targeted.

   The justice system can be seen as a system of social control were wrongful conviction is shaped by social forces.

   The legal system encourages disadvantaged people who may be innocent to enter guilty pleas. The Crown prosecutor
   usually has more access to resources than does the defence lawyer for someone who is lower class.

   The Canadian adversarial system is classbased in that it is made by middle class people who in turn convict lower class
   people who have no say in the development of the system.



XXX       03/28 - DIANNE MARTIN – WRONGFUL CONVICTIONS
Summary:

   High profile and Low profile cases.

                     High profile, they are under pressure to solve.
                     Low profile, lack of consideration of innocent.
   Might ignore information that may be inconclusive.

   Where they aren’t coming up with evidence they will look to their pre-conceptions of race.

   Police should have no vested interest in the outcome of the case. This is not the case, especially in high profile cases.

   She identifies a kind of marginality. He can be tossed away because he doesn’t have the legitimacy of other members of
   society. Are they built up to be marginal after the fact or prior. Sometimes you target the person because they are weird,
   sometimes you make them weird after the fact.

   Police evidence ranked very highly.

   Conclusion: No real solutions. Police are unwilling to admit error. Need to acknowledge that they make mistakes.

INTRODUCTION

   Wrongful convictions represent a double failure of justice: not only is an innocent person wronged, but a guilty person is
   thereby allowed to go free.The failure in both accounts is attributable to such things as reliance on stereotypes, and bais
   rather than objective fact, overconfidence in eyewitness testimony or jailhouse informant and blind faith in confessions
   elicited by police.The police are responsible for gathering evidence, identifying suspects and building the case, which
   makes the investigation the heart of these miscarriages. (that and criticizing the police is fun and easy) This article
   focuses on those institutional conditions within police culture that contribute to conviction of the innocent.In addition it
   presents an international comparative discussion of the role of the police in wrongful convictions.

General Conclusions:

   Wrongful convictions are neither aberrations nor difficult to prevent.

   They typically can be found in the situation where there is a pressure to convict and when the conduct itself is deliberate
   the practice is often rationalized by noble cause corruption.

   Can be rooted in institutional cynicism and neglect (the same old suspect is obviously guilty)

   Certain types of cases are more likely to result in a wrongful conviction than others because of the evidence that is used
   for the conviction (confessions, jailhouse informants, subjective science)

   The likelihood is magnified when there is appreciable bias against the accused because of identifiable characteristics.

THE SCOPE OF THE PROBLEM

   Criminal justice actors and the general public assume the criminal system is fair.The rate of wrongful conviction is not
   known, but some defence lawyers claim as high as 20% in contested cases.From 1980-1987 the British Home Secretary
   paid damages to 60 persons who were wrongfully convicted.The UK establishedthe Criminal Cases Review
   Commission in order to review post-appellate claims of wrongful conviction.

   If you are viewing the investigation of wrongful convictions from the point of view that it is going to produce
   uncertainty in the justice system, you can view these low numbers as quieting.If you think that any wrongful conviction
   is damaging, any number is too many.

THE INSTITUTIONAL CONTEXT : PREDISPOSING FACTORS

   The Pressure to Convict – where the crime is particularly public, odious or there is pressure to convict at all costs
   The Marginalized Accused – Race, economic status or the stereotypical outsider will be wrongfully convicted more than
   others.

   The Unreliable Evidence – A cycle of questionable evidence, the police assuming that evidence is true leading to further
   unarticulated reasoning steps about the validity of the evidence and their conviction that they have the “right” suspect.

POLICE PRACTICES AND WRONGFUL CONVICTIONS

   Stereotypes, particularly those based on racism, sexism and class bias work to both wrongly exclude and wrongly
   include suspects in an investigation (Ericson 1993).Police training and experience tend to reinforce stereotypes.Police
   investigators often do not have the skills needed to uncover initially unknown offenders and thus fall back on
   stereotypes.

   Police influence and participate in witness error in two ways: by failing to detect is when a witness first offers it or by
   deliberately forcing or encouraging a witness to change her testimony.This is often a result of tunnel vision.

   Direct police misconduct can occur because police officers have relatively easy opportunities to tamper with
   evidence.They can use their discretion to ignore witnesses, evidence and leads that take them away from the prime
   suspect.Few outsiders scrutinize their conduct.

CONCLUSION

   The police do help uncover wrongful convictions and prevent them from happening, sometimes.The ultimate challenge
   is to be morally, ethically and intellectually honest during investigations, scrupulously fair during trials and above all,
   humble enough to admit errors.

XXXI      03/28 ANDERSON, BARRIE AND DAWN ANDERSON (1998) “INTRODUCTION IN
          MANUFACTURING GUILT: WRONGFUL CONVICTIONS IN CANADA.” THE CASE OF GUY
          PAUL MAURIN

The defendant

   Guy Paul Morin – early twenties, living w/ parents, seldom dated girls, preferring instead company of his honey
   bees.Skilled musician; strange speech

   Deemed “weird” by police investigators

The Crime

   Nine-year old Christine Jessop abducted, raped and murdered in 1984

   New Year’s Eve, 1984, 89 days after she disappeared, her badly decomposed body found in a bush near home fifty
   kilometers from Queensville (which is north of Toronto)

   Presence of national media, horrendousness of crime, created pressure on police to produce a suspect

The investigation (completely incompetent)

   Durham regional Police.Detectives Bernie Fitzpatrick and John Sheppard

   Worrying about onset of winter snow, quickly removed body and evidence from crime scene à a fiasco.For any
   homicide investigation the preserfvation of the crime scene is of utmost importance.Should have put up a tent, done the
   standardized grid search, collect soil samples, etc.

   Autopsy evidence: Jessop’s bone marrow indicated same results as found in victims of drowning.Pink colour of teeth
   also indicated drowning.BUT this discovery never pursued by police, who preferred to believe, as the coroner had
   suggested, that these results may have been caused by contaminated samples

   Single dark hair found on her necklace, not consistent with own hair type, but consistent w/ Morin’s hair type found (NB
   this is pre-DNA analysis, so doesn’t conclusively point to an individual, just to someone w/ same hair type)
   Fitzpatrick and Sheppard secretly record conversation w/ Morin in police cruiser – tape runs out, but officers say that
   after the recorded portion, Morin made comment that “innocent little girls grow up to be corrupt”

   Other suspects existed (all marginalized people), but not pursed by cops.These include:

    Gabriel Polgar: not a suspect, but claims to have seen a parked car w/ truck open near part site, and saw big man go
     back into the car and close trunk
    Dean MacPhail: young male employee of nearby cemetery w/ history of sexual misconduct
    Brad Foster: perhaps most pbvious suspect.In 1983 was ejected from another group home not far from body site after
     was discovered having sex with several young children in the home.Job at car dealership, but disappeared shortly
     after having an accident w/ the company van, which had been washed inside and out with powerful industrial
     detergent (employer thought this weird since he had never washed the van before)
    Bill Larocque: 16 year old living in a group home with history of sexual violence (forced sex on a twelve year old
     girl)
   Time line made Morin an unlikely suspect: On Oct 3, Janet Jessop and her son Kenny visited dentist.Told police that
   returned home at 4:10pm.Records indicate that Morin left work in Toronto at 3:32.Considering traffic, he could not have
   arrived back home before 4:15.Obviously, if Christine was not home at 4:10 as her mother claimed, it would have been
   impossible for Morin to have abducted her.BUT, after police met with mother again, she changed her claim, saying now
   that she returned home sometime b/w 4:30 and 4:40.

   No motive for killing, but police developed an elaborate theory about Christine wanting to show Morin her clarinet.He
   abducted her, wanting to sexually assault her, and killed her after she resisted.

   FBI involved in investigation – composed a profile of killer based on evidence provided by Police which matched Morin

   Police got testimony from two convicts in jail in exchange for lessening their sentences: not taped, but claim that he
   admitted to killing Christine Jessop and, on tape, that Morrin’s favourite movie was the Shining, with the line about
   ‘Redrum’

First Trial

   Defence attorney Clayton Ruby

   Judge Archibald Mcleod Craig

   Verdict: not guilty

   Appealed to SCC.Two yrs later, SCC ordered that Morin was to stand trial a second time.

   Second autopsy found multiple cut marks on the neck vertebra, massive damage inflicted to facial bones (first
   pathologist John Hillsdon Smith had testified in 1985 that the skull was intact w/ no fractures) – enormous implications:
   would have been massive bleeding at the time of the murder and the killer would have been soaked in blodd, as would
   the area where the murder took place.The killer’s attempt to dismemberthe body would have taken at least thirty
   minutes, a factor that negated the proscution’s argument that Morin had returned from Toronto, committed the murder at
   the body site and arrived back at his home w/ in the specified time frame (75 minutes, I think) – meant that at second
   trial police would have to use different evidence

Second Trial

   Activities of police Sergeant Michael Michalowsky disturbing: kept two notebooks, the original one ant he second relied
   on for evidence (which had some omissions and some inventions); several photographs of body site kept at his home
   rather than in police records; didn’t keep list of who handled the evidence or record of taped interviews, no list of items
   submitted to the Centre of Forensic Sciences, etc, and other pieces of evidence lost

   Trial Judge: James Donnelly clearly biased in favour of prosecution and police, and against defence attorney Pinkofsky
    E.g. judge’s comments about Dr. Glenn Camerson, who had diagnosed Robert May (convict who testified against
     Morin) as an egocentric liar unable to control his urge to manipulate others, suggested to jury that the doctor was
     incompetent
    Damaging statement against the D was comment that if the jury was vexed by the timing issues raised by the D they
     should consider the possibility that Jessop never went home after school: that she was abducted off the street à this
     possibility NOT introduced by prosecution or defence.With this comment, Donnelly destroyed the very essence of
     the defence case.
    Judge instructed jury not to take seriously Keny Jessop’s testimony that he and two other boys had been having a
     sexual relationship with Christine.
    Furthermore, the judge said little about the vast quantity of evidence lost by the prosecution and the forensic expert!
   Found guilty of first degree murder – sentence; life imprisonment w/out eligibility for parole for 25 yrs

   BUT granted bail, pending appeal.Only the second person in Cda to be granted bail after being convicted of first degree
   murder.Appeal never heard b/c DNA evidence (which became accepted by this time) cleared him (semen was found on
   Jessop’s underwear)

Conclusion

   This case represents everything that is wrong with our judicial system.Wrong-doing on part of police and prosecution,
   including suppression of evidence, failure to follow leads that would implicate other suspects in the crime, losing
   evidence, making deals with convicts in exchange for perjured testimony, introducing questionable forensic evidence
   and experts, and judicial bias all led to the wrongful conviction.

   What most observers found so incomprehensible about the guilty verdict was the prosecution had presented only
   circumstantial evidence along with some very questionable jailhouse confessions from two untrustworthy
   witnesses.Furthermore, the defence had presented a strong case that certainly raised in the minds of the jurors at least
   reasonable doubt about Morin’s guilt

   Why was Morin deemed the prime suspect and convicted?Answer lies in the relationship Morin had w/ the community:
   his eccentricities caused him to become marginalized.E.g. of how social intolerance and ignorance cause certain
   individuals and groups to become the target of negative public attitudes and victims of the forces of social
   control.Charged and convicted not for what he did, but b/c of who he was, a person on the fringe, a person who in a time
   of crisis could be quickly singled out and persecuted.

XXXII     03/21 STONECHILD INQUIRY

Summary:

   17 Aboriginal – Body discovered 5 days after being put into the back of a police car. Autopsy found that he had been
   handcuffed. He died attempting to walk back to the correctional facility where he was supposed to be.

   10 years latter 2 aboriginals were found dead under the same circumstances. A murderous situation.

   1 person survived, and told his story.Relates to Erricson’s Recipie Rules.

   RCMP re-open the stone child case.

Article

   The original investigation by Saskatoon police into the death of 17-year old Neil Stonechild was “superficial and totally
   inadequate”, according to the final report of a provincial inquiry.Stonehild was found frozen to death in a filed on the
   outskirts of Saskatoon in 1990.

   The original police investigation in 1991 was brief.It concluded the aboriginal teenager dies while trying to walk to an
   adult jail to turn himself in for being at large from a youth home.Police claimed they had no contact with Stonechild the
   night he disappeared.
   The case was largely forgotten by many for a decade, until two aboriginal men were found frozen to death in a filed on
   the outskirts of Saskatoon within a week in 2000.

   The third man survived and told a tale of being driven to the field by Saskatoon police officers, who left him there to
   find his way back to the city.

   At the inquiry, two police officers implicated in the case denied even seeing Stonechild the night he
   disappeared.However, Stonechild’s friend, Jason Roy, testified that the saw a terrified Stonechild in the back of a police
   cruiser the night he vanished.

   Police maintained Stonechild’s death was an accident.They say he died while walking to an adult jail to turn himself in
   after a night of drinking.He had been at large from a youth home when he died.

   However the Crown prosecutors have determined there is not enough evidence to lay criminal charges against the police
   constables involved in Stonechild’s disappearance.

   In the years that followed “chiefs of police ignored reports from the Stonechild family members and investigative
   reporters, that cast serious doubts on the investigation.The self-protective and defensive attitudes exhibited by the senior
   levels of the police service continued.These same attitudes were manifested by certain members of the Saskatoon Police
   Service during the inquiry.

   The report makes recommendations including:

    The minister of justice review and improve procedures to deal with complaints from the public about inappropriate
     police conduct.
    Municipal police services in larger centres should designate an aboriginal peace officer with the rank of sergeant to
     act as a liaison person for aboriginal people.
    A refresher course with course leaders including aboriginal peace officers.
    In depth training in race relations for municipal peace officers.




XXXIII 03/21 BRYAN CUMMINS – ABORIGINAL POLICING IN MANITOBA- 2003

Summary:

   Three cases:

    Osbourne – 4 white guys who abducted, and killed in a most vicious manner a aboriginal woman. Closing of ranks,
     denial of any harm, apathy of the community. Disposable person.
    Harper – Chief of police, Herb Stevens, resigned. 2 aboriginal suspects did something, police arrest them, but see
     harper and try to get him. The police kill him. The police close ranks, etc.
    Leclair and McKeown – Call 911, a former boyfriend outside home, police don’t respond until after he has killed
     them
   Disposable people

Aboriginal policing – mainly in Manitoba

Byson hunt – set up rules because it was major socio-political organization

Parallels how they set up their society

Aboriginal policing – trained by RCMP or other police force, are aboriginals, local force

   Used to have chiefs on police commission, but found this politicized it

   Now just have others in that position
Instances of people brutalized / killed

   Girl murdered by group of boys and unresolved for over a decade before anyone arrested for it – Osborne

                     She was aboriginal and boys were white
                     Appeared the community knew who the killers were, but because they were good boys from good
                      homes they were protected
                     Osborne (girl) deemed to be expendable person
   Cover up shooting of aboriginal man by policeman – JJ Harper

                     Cover up by police force
                     By the time he was shot, they’d already picked up the real culprit
                     Officer committed suicide
                     Begrudging inquiry
                     Harper seen as disposable
   911 incident

                     Women called police – man who they had restraining order against was there and they wanted
                      help
                     Police showed up 8 hours later and they’d been stabbed to death
                     Women and aboriginal
                     Did generate a massive inquiry that got to systemic racism in those provinces against aboriginal
                      people
                     Other form of deadly force is practice where you can bundle them in cruiser and drive them into
                      middle of prairies in middle of winter and leave them to freeze to death
                     Started series of inquiries, looking at it almost as a police practice
XXXIV     03/21 ROBYNNE NEUGEBAUER – KIDS COPS AND COLOUR - 2000

Summary:

   Racial profiling : Any action undertaken for reasons of safety, security or public protection that relies on
   stereotypes…rather than on reasonable suspicion, to single an individual for greater scrutiny or different treatment.

   Colour becomes “commodified” – police interpret colour as an expression of a troublesome social identity.

   police can use threats of physical violence – police also use language of law to manipulate youths

   Police reform is long overdue: better training, recruitment and promotion of nonwhites, cannot on its own eliminate
   institutional racism (roots are embedded in the culture)

Article

   Young Offenders Act in practice has always been a punitive measure, contradicting the principles of “doing good”.

   Racism has become increasingly implicated in police-minority youth relations.

   Strategies to reduce disproportionate confinement of minority juveniles have included the use of risk-and-need
   assessments, training for officers, individualized home-based care, mentorship, therapeutic foster care, reintegration
   services and job training.

   Youth think that police officers generalize situations in terms of fixed race stereotypes (located in the occupational and
   popular culture)
   Colour becomes “commodified” – police interpret colour as an expression of a troublesome social identity.

   Many youth refuse to register complaints

   Police-youth encounters can occur in the back of the cruiser – no longer visible to general public – tightly articulated
   system of control – police can use threats of physical violence – police also use language of law to manipulate
   youths

   Foot patrol cops more concerned about projecting a “public relations” image to youths – they’re more willing to
   negotiate with cooperative individuals

   A cop in Montreal who held a gun to 14 year old black guy’s throat was only given 7 days without pay

   Black youths are typically described by cops as: fragmented, dysfunctional, delinquent.

   Mutual distrust

   Type of community in which a youth lives also affects hislikelihood of becoming involved in hostile police encounters

   Both youths and police provide staged performances, differentially manipulated by wider narratives of trouble that
   demand intolerance, closure, containment and coercion”.

   Police believe these impaired relations are related to faulty family, school, peer or work socialization

   They use threats to intimidate and manipulate youth

   Stigmatization and labels not only shapes identity, but remains so firmly attached that it becomes difficult to remove

   Anger, frustration and resentment characterize youth-police exchanges

   Police reform is long overdue: better training, recruitment and promotion of nonwhites, cannot on its own eliminate
   institutional racism (roots are embedded in the culture)

XXXV      03/21 JULIAN ROBERTS – RACISM AND THE COLLECTION OF STATISTICE RELATING TO
          RACE AND ETHNICITY 2002

Summary:

   Who collects it and what is actually collected---data collected by the police cannot be used as an indication of levels of
   involvement in crime for the various groups. Who does the data get shared with—may be interpreted and ‘used’ in an
   array of conflicting ways.

   Visible minorities are over-represented because of the economic situation, pre-conceived notions of the link between
   crime and race.

   The problem with race-crime is classifying race.The danger is that it builds upon the notion of race-crime but does
   nothing to help understand the nature of crime.

Reasons why minorities are over-represented in criminal system:

   They tend to have living conditions that put them at greater risk for offending

   Clear that they attract a disproportionate degree of attention from police

   Canadians see a link b/w immigrants and crime

   If members of the public believe that there is an inherent link b/w race and crime, what does this say about the chances
   of a Black accused receiving unbiased treatment from a jury?

Collection and Distribution of Race Crime Stats in other countries:
   US – routinely collect and publish arrest stats broken down by suspect’s race or country of origin – this is dangerous b/c
   these are published and will help to promote the idea that there is a causal link b/w race/ethnicity and crime

   Not clear why this info needs to be published – race of the offender is not a useful research variable like criminal history

   Knowing that a certain % of crimes are committed by people with a criminal record has implications for crime-control
   policies – they’ll impose harsher penalties on such offenders (so different from knowing someone’s race – that’s
   irrelevant)

   Perhaps skin colour is a defining characteristic in American society – in Canada we wouldn’t define ourselves in this
   way b/c we come from such a variety of backgrounds and high % were born outside.

Problems of Collecting Race-Crime Stats

   Practical difficulties: classifying people according to their ethnic origins isn’t easy in a multicultural society – so
   many exceptions

   This is why Stats Canada abandoned exercise of collecting crime stats according to race.

Dangers of Publishing Crime Stats that include Race:

   Clear dangers for minority communities – will lead to further stereotyping – they’ll be seen by others as crime-prone.

   Race is not a cause of crime and publishing these stats doesn’t help us learn anything about the nature of crime

   One advantage: knowing that a lot of youth were over-represented might lead us to develop better programs for helping
   kids stay in school.

Police Reports vs. Crime Stats

   Media is responsible for talking about “crime” and not “criminal justice” stats – eg: people translate “black
   account for 25% of arrests” to “blacks commit 25% of all crimes”.

   Police-based stats represent the tip of the iceberg

Argument in favour of Collecting Race-Crime Stats:

   The protection of minorities through the documentation of bias within the criminal justice system

   If the TO police had not recorded the race of suspects/accuseds for a brief period in the early 90s, the Ontario
   Commission on Racism wouldn’t have been able to determine the existence of discrimination against Blacks at the level
   of bail

   We need to track the treatment of minorities to ensure that judges or parole boards (or the police) do not discriminate
   against any particular group.

   Solution DOES NOT lie in the routine collection and publication of such info – instead – the system should conduct
   periodic “special studies” of limited scope and duration (currently endorsed by Stats Canada).

   A special study involves recording, over a period of time, the racial/ethnic origin of suspects, accuseds and offenders. A
   sample of cases is followed as it makes its way through the criminal process.

   Permits researchers to determine whether the system is treating people equally, but minimizes the degree of
   stigmatization that may occur.

   Although, the practical problem of classifying people will still occur.

   What’s the difference b/w routine collection of data and a ‘special study’?
   American practice of routinely collecting: a person’s race is important to understanding why crime occurs, why
   some people offend, and how crime can be controlled

   A special study conveys a very different message: focus is not on ascribed characteristics of the offender – but rather on
   functioning of justice system. Goal: to document inequitable treatment if it exists, not to document relative rates of
   participation in criminal justice stats.

   Special studies far less likely to be used improperly – BUT – routinely collecting race at the arrest level leads to the
   association of crime and race.

   If we do routine collections in Canada it may ultimately lead to stricter immigration rules (it’ll polarize society by
   stressing gap b/w law-abiding citizens raised in the country and unlawful groups and cultures who come here).

XXXVI 03/21 -HENRY TATOR MATTIS REAVES - RACISM AND POLICING - 2000

Summary:

   Overpolicing – when people use their discretion to spend their time in immigrant neighbourhoods. Underpolicing –
   overload of fraud and white collar crimes, that go unchecked, by white people. Not responding to calls for help in
   immigrant neighbourhoods.

   Police Discrimination Factors

    Incompetence
    Lack of training
    Bad Training
    Should these things be taught to the police
    Based on image
    Representation – low in police forces, concentrated on entry levels
    Police culture
   Moral Panic, Discourse of denial. Dismiss incidents of discrimination Discourse of blame the victim: Charges tend to be
   laid against minority groups because they are criminally inclined. Overlooks discretion.

Intro

   There are 3 levels of policing in Canada: Municipal, Provincial, and Federal.

   There are approx. 60,000 police officers in Canada.

   The Police Service Act is the authority for police institutions.

   Crime prevention, law enforcement, assistance to victims of crime, public order maintenance, and emergency response
   are the key services of the Ontario Police Services (See pg. 467 for a full list of the principles under the Ontario Police
   Services Act of 1990).

   Arguably, the relationships b/w the police and people of colour has caused more concern and persistent tension than any
   other single are of Canadian life.

   A survey by the Royal Commission on the Donald Marshall Jr. prosecution, found that 60% of respondents agreed that
   police discriminated against Blacks (Nova Scotia). Other studies throughout the province have yielded similar results
   regarding police treatment of both Blacks and Aboriginal people.

   The attitudes of police are a reflection not only of the current social views of people of colour, but also of the historical
   attitudes of the White majority

So police more likely to mistreat individuals who are stigmatized by the dominant society
   Leads to over-policing and underprotecting of minorities

   Racial minorities experience the justice system differently than non-minorities (from policing to sentencing to prison)

   Racism in policing itself – minorities are over-policed in attention to cause of crime, and under-policed in terms of
   victims of crime (abuse of women, etc.)

   Same thing with aboriginals – no recourse and faith in the system

   Don’t tend to file complaints because feel no one will understand

   People of colour don’t have access to and are not able to participate in and influence, the decision making process of
   policing institutions

   If police are not directly accountable to the racially diverse communities, they are less likely to reflect and respond to the
   needs of those communities

   Police think of themselves as the only organization of social control and thus the sole protectors and guardians of
   society – this diminishes the sense of police community accountability

   Police feel an accountability to uphold the laws of the land rather than an accountability and responsiveness to the
   multiracial public they serve = democratic racism

   “Crisis Conspiracy” – idea of chaos and crisis in every society – police put forth a self-serving image in order to get
   more funding and autonomy – they push the moral panic button, release crime stats – and people assume that people of
   colour are a major cause of this turmoil

   Few visible minorities in patrols, let alone higher ranks – minorities feel no one will understand them

Representation

   They are trying to have them work up through hierarchy

   Police start developing systemic bias in themselves, reinforced by their partners

   Unwelcoming nature of police force

Complaints process

   If first step internal, victims don’t know what to do and complaints not dealt with fully / effectively

   Potential responses

    Training – but what kind will work, what will it involve
                     Used to have one sensitivity course
                     Now argue this is the wrong way to do it – need to be part and parcel of all courses
                     use of firearms – having more guidelines and procedure as opposed to gun-toting police
                     Having more interaction with community
XXXVII 03/21 – JIM HARDING – POLICING AND ABORIGINAL JUSTICE

Four main approaches

   Cross cultural training – not both sides being equal, one side trying to assimilate the other. Multiculturalism ignores the
   differences between immigrants and natives.

   Legal education for the natives -
   Creation of native constables – goals of doing this are for effective social control, more effective policing. Didn’t
   address ways to help the locals, just increases incarceration. (most wanted by the police)

   Tribal policing programs. Restorative Justice – determine their own system (most wanted by the bands).

First 3 bound up in ethno centric view.

Trends in urban natives – broken families, poverty, youth discontent. Resentment towards the police.

ANSWER MODEL : legal pluralism. Parallel system of justice.

Self government hasn’t come to fruition.

XXXVIII 03/14 – ROBERT BLAKEY

Summary:

   Drafter of the RICO Statute, could not have been more clear that in fact racketeers exist in all professions and hence in
   all social classes and that the statute was intended to sanction all of these criminals:

   “There is nothing in RICO that says that if you act like a racketeer you will not be treated like a racketeer, whatever
   the colour of your shirt or your collar…people who run groups by extortion or violence or fraud ought to be called
   racketeers. And what they engage in is racketeering”.

   However you want to criticize it, the drafter meant it to be interpreted broadly.A pattern of activity, vice activities in
   themselves.Triple damages under RICO laws.

   The beauty of civil forfeiture is that you don’t have to charge anything.The money that is seized goes back to the police
   service that made the arrest.

XXXIX     03/14 - SHEPTYCKI – THE DRUG WAR – 2000

Summary

   This article uses the drug war as an example for how transnational policing works and the factors that influence
   transnational policies. Much of the article focuses on the key role that the US (in terms of anti-drug culture and key
   anti-drug players) played in shaping transnational drug enforcment policies, noting that many European countries have
   been keener to deal with addictions in a medical way while remaining hard on the drug trade itself.

   Non-state actors played a role in the evolution of international drug prohibition and by implication, within transnational
   policing generally

   The role of sub-state actors is also important

   The gradual assimilation of drug prohibition as integral to interests of state security indicates how other transnational
   issues might evolve

Article

(Sheila’s note: I’m making a minimal summary of this article because it’s full of a lot of info I can’t see being of use
on the final. I’ve distilled it to the most basic and what I think would actually be of use in an answer.)

Sheptycki says that there are 3 key points to his article:

   1. Non-state actors played a role in the evolution of international drug prohibition and by implication, within
   transnational policing generally. For example, the war on drugs in America was fuelled at least in part by migratory
   pressures and perceptions of the racial groups who were entering the country; anti-opium laws were one of the legal
   devices useful in the suppression of Chinese immigrants, and later, anti-marajuana laws did the same for Mexican
   immigrants. These laws were brought in in tandem with the idea that drugs fuelled crime which was perpetrated by
   these groups when fuelled on their respective drugs.
     2. The role of sub-state actors is also important. The article mentions a Harry Anslinger, who headed the Federal
     Bureau of narcotics and played a prominent role in popularising tales of drug-induced crime within the United States.

     3. The gradual assimilation of drug prohibition as integral to interests of state security indicates how other transnational
     issues might evolve. After the cold war, a period of “narco-diplomacy” emerged as the guiding rationale for security
     agencies around the world. (Sheila’s note: This has perhaps now been superceded by anti-terrorist diplomacy – although
     the war on drugs continues as well.)

Finally, the development of any international control regime and depends in important ways on non-state actors.
This means that regimes of transnational governance are difficult to predict. Once created, a transnational
enterprise of any scope is difficult to repeal or reform. Accordingly, transnational policing will likely continue to
focus on drug prohibition for the foreseeable future.

XL          03/07 - DON GILLMOR, “THICK BLUE LINE…POLICE UNION BOSS…CRAIG BROMELL” 2000

Summary:

     Compelling factors that undermine the ability of any external group to effectively ‘oversee’ policing

     Civilian review regimes are under attack in many jurisdictions;

     Aggressive police unions who deliberately resist investigations—internal or external—into the activities of officers
     following serious incidents

     Government complicity in resisting open and critical law enforcement debates…

     Enhanced police powers and broad immunity from prosecution;

     Media as partners in the post September 11th US propaganda industry;

     Exportation of US style policing—emphasis on undercover work, reverse stings, and an increase in multijurisdictional
     cases.

     Civilian Governance and Policing in a Multicultural Society

     Bromell’s New Order: the police would target their political enemies and work on behalf of political allies; they were
     their own political masters

     New footage and newspaper photo of Bromell showed him surrounded by his beefy, black-suited exec board, conveying
     a sense of militancy and menace

     He blames the media for portraying him as a monster, but the menacing image has served him well

     Police, he once said, are like movie stars [think dramaturgy!!!].Operating in a guerrilla theatre, they performed each
     night, every street bust gathering a crowd: the curious, the supportive and the doubtful all waiting for something
     dramatic

     Predecessor: Paul Walter (1980-1988)

     Previous police chief: David Boothby, a decent man and unloved and woolly leader

     Present chief: Julian Fantino

     Police central grievance: that the police are misunderstood and under attack.“We’re the only ones who can literally shut
     a city down,” he says.“So we feel we’re the most important profession out there.”

     Worked in Toronto’s 51 division (and lived there – albeit in Rosedale)

     As union steward there, in 1986 wrote a piece for Toronto Life, saying “Even though the uniform branch is the
     backbone of the force, there is a problem among uniform guys that we are on our own, with no help from anyone.”
  The station had reputation for militancy, much of which stemmed from Bromell.In 1992 he helped organize a march on
  Queen’s Park to protest new restrictions on police drawing their guns

  In 1995 he organized what has been variously termed a work stoppage, a lockout and a wildcat strike at 51 Division, the
  only one in the force’s history.The issue, again, was police revolvers being drawn, this time in the detaining of Dwight
  Drummond, a black Citytv reporter who was mistaken for an armed suspect

  In 1996 he and eight officers at 51 div were accused of beating a drifter name Thomas Kerr, who had broken an officer’s
  arm – was investigated, including wire-tapped.The rage he felt at this intrusion fueled his run for office a month later.It
  also informs his philosophy: that police be allowed to do their jobs with minimal and oversight, and that overseers be
  either banished or held more accountable.

  Operation True Blue: telemarketing campaign in which police union solicited funds from citizens and businesses,
  oferring a gold decal at $100, silver at $50, and bronze at $25 . According to Paul Copeland, a lawyer with the Law
  Union of Ontario, that violated the Police Services Act, s. 46, which states: “No municipal officer shall engage in
  political activity, except as the regulations permit.”(The regs don’t permit “soliciting or receiving funds”)

  Rather than challenging police action in ct, city council, responding to public outrage, voted 39-0 to create a bylaw
  making it illegal for the police to solicit funds for political purposes.

  For the police, the purpose of True Blue, wasn’t really raising money.Rather b/c “it will also help us develop a database
  throughout Toronto that we can utilize at the push of a button and that will help us immensely when we decide to
  challenge those politicians who obviously do not support us and/or help elect those politicians who do.” i.e., a valuable
  tool that would enable police to speak to voeters as either pro law and order or otherwise – in short, was meant to target
  political enemies

  Bylay announced, but then rescinded, in a deal brokered by Bromell, Chief Fantino, Mel Lastman and the director of the
  police service board, Norm Gardner.

  By that summer, condemnation from city council had sufficiently subsided for six councilors to solicit Bromell’s
  support at their political fundraisers.Mel Lastman solicited Bromell’s support and says it pushed him past rival Barbara
  Hall in elections for Major.Mike Harris also sough an endorsement, and 32 of 34 candidates the police publicly
  supported won their seats

  U of T Criminology prof Philip Stenning: “As a society, we want the police to do certain things that we’re not always
  comfortable with, and one of the ways we can achieve that is by fudging the relationship b/w the political masters and
  the police, so that if things go wrong politicians don’t get held responsible.And so long as the relationship is fudged, it
  benefits the police, b/c they have a lot of freedom to do what they think is right, w/out being totally controlledby
  politicians.

  The Police Services Board is ostensibly the forces employer, but it rarely exercises its power.

  Bromell’s infatuation w/ American law enforcement is not necessarily shared by the rank and file.Our societies are
  different, and most feel that we have little to learn from US cops.Stenning: “What this attempt to control senior officers
  amounts to is an attempt to overturn the system of governance.In theory, the chief is supposed to take his direction from
  the police services board, which his is supposed to represent the will of the people.If the chief takes direction from the
  police association, what you’ve done is broken the democratic link.”

  A more literal import form the US: a subway poster supporting Mike Harris that was paid for by the association.It
  featured a Latino street gang [which we don’t have in Toronto – picture was from US] with a caption that read, “There’s
  only one thing that these guys fear.Your vote.”

  Bromell’s position is that his members want to enter the political debate, to take part in the process in the way of
  American police.But Toronto police have been endorsing political candidates for years, largely w/out public
  protest.Bromell’s prediction that they can control the outcome sharpens the question: should a group that is armed, well
  funded and intimidating be allowed into the political arena?

XLI      03/07 – LANDAU – BACK TO THE FUTURE: THE DEATH OF CIVILIAN COMPLAINTS IN
         ONTARIO – 2000
Summary:

   When a civilian review mechanism disappears, it takes with it a symbolic function—possibly as valuable as the
   oversight function that it might have had. Creates a policing culture entrenched in political, legal and moral
   untouchability.

   History in Ontario : Police Complaints Commission (PPC)  Ontario Civilian Commission on Police Services
   (OCCOPS).Complaints drop 4100  2500.More fear, less confidence, is possible that there was less misconduct.

   SIU 1990 – completely independent.

   Although there does not appear to be any convincing evidence to indicate that civilian oversight of complaints against
   the police is any more (or less) effective than internal police investigations of complaints, it is clear that there is
   considerable public distrust of the police investigating themselves. – John Howard Society of Alberta (2005)

Intro: Author Landau is highly critical of the recent amendments to the civilian review process – believes that the
abolishment of the Commissioner and any effective civilian role in the complaints process have significant symbolic
impact on the legitimacy of the process.

History of Reform:

   Pre-1980s reform is marked by hostile, even volatile police-community relations, procedural irregularities, criminal
   wrongdoing within the forces. Completely internal handling of complaints against the police, lack of transparency in the
   process are identified as significant barriers to police accountability and legitimacy to the public

   1981 – Metro Toronto Police Force Complaints Project Act established a civilian authority – The Public Complaints
   Commissioner who had (albeit limited) powers over investigation, adjudication, discipline, and appeal

   1984 – Metro Toronto Police Force Complaints Act – pilot project made permanent

   1990 – Police Services Act – expanded to cover all police services in Ontario

Limitations of the Commissioner

   Limited powers to initiate a complaint or investigation – complaints were first investigated by the police force whose
   officer was subject to the complaint

   Limited powers to review the adjudicative decision of a complaint made by Chief of Police – can only order a hearing
   before board of inquiry at the request of either the complainant or subject officer or if it was in the public interest to do
   so

   Procedural stipulations intended to grant additional legitimacy had only limited impact

   Complainants can make complaints with Public Complaints Investigation Bureau of the local force or with the Office of
   the Public Complaints Commissioner, that is, not directly to the police but most ppl didn’t even know who they were
   making their complaint to (police or independent body) and had poor understanding of the process

   Required complaints to be recorded and copies and regular interim reports circulated to chief of police, Complaints
   Commissioner, the complainant and subject officer, but most ppl were cynical since the reports generally outlined the
   officers’ version of events or stated that “there are no new matters to report”

The arrangement whereby the police investigated themselves had a devastating impact on the legitimacy of the
system (60% complainants thought TO did not have a fair system) but there remained a modicum of legitimacy to
the process (28% thought Commissioner played an important role, 24% not important, 47% uncertain)

While Commissioner was not as effective as many would wish, the existence of such a role had important symbolic
effect.

Recent changes:
  1995 brings Conservative govt and an agenda of downsizing, devolution, dismantling of many public services + pro-
  police agenda with massive restructuring

  Limited and superficial consultation of the community – excluded representation by the Community Coalition
  Concerned About Civilian Oversight of Police from its review and so issues of concern to the community with the
  greatest effect on legitimacy were neglected

  1996 – Rod McLeod, a lawyer with Tory connections was consulted to advise on how the current system of civilian
  oversight of police could be improved. Two of his recommendations were main themes in Bill 105

  Jan 1997 – Bill 105 released – an Act to Review the Partnership Btw the Province, Municipalities, and the Police and to
  Enhance Community Safety. Significant reforms: a complete internal handling of complaints + elimination of
  meaningful civilian review by abolishing the Police Complaints Commissioner and removing power from any civilian
  authority to investigate, adjudicate, or review complaints

  Black Action Defence Committee and the Ombudsman of Ontario objected to the changes, the latter saying that “they
  represent a step backwards”

  Dec 1997 – few changes made to Bill 105 when it passed into law

  Ontario Civilian Commission on Police Services (OCCOPS) already existed as an independent agency with general
  responsibilities to ensure compliance with standards or to “investigate, inquire into and report on” the conduct or
  performance of officers but the new amendments added to their responsibilities powers to review public complaints
  against the police.

The Old system

  Chief of police is largely responsible for deciding how, or whether a complaint will be dealt with (may not deal with it if
  believes that complaint is frivolous, vexatious, or made in bad faith), as well as the outcome of a complaint

The New System

  Not very different except for options available to the chief at the dispositional stage. Appears to inject an arm’s length
  process but is also geared toward keeping out civilian authorities and keeping the administration of discipline within the
  jurisdiction of the chief.

  If chief thinks that complaint is substantiated, that is the officer’s conduct may constitute misconduct or unsatisfactory
  work performance – must inform parties and hold a hearing into the matter to be “prosecuted” by someone appointed by
  the chief and could be another officer of equal or superior rank to the subject officer within the same force

  If chief thinks that complaint is unsubstantiated or that the misconduct or unsatisfactory work performance is not of a
  serious nature, the chief “may resolve the matter informally without holding a hearing” with consent of parties

  Lack of guidelines on the informal procedure means that no records kept about complaints resolved informally so that
  no review, appeal, or audit is possible

  Complainants still have the right to review decisions through OCCOPS but OCCOPS is not to hold its own hearing into
  the matter when reviewing the decision. Their decision is final and binding.

  Requests to review the outcome of a hearing can be done by OCCOPS as well and they have powers to hold their own
  hearings on this decision

  Can lodge a complaint about police policies or services provided but not much guideline is provided

  Addresses length of time to resolve complaints but no time constraints on investigations

  No longer any requirement to give the complainant a copy of the complaint, information about the process or their
  rights, or regular interim reports.
   Principle of “simplification” leaves many critical procedures (that were regulated under the old system) to be developed
   by individual police services

Conclusion

   The role of the Commissioner was symbolic – a political commitment to strike a meaningful balance btw competing
   interests and political ideologies about police independence and accountability.

   Recent reforms take us further and further away from that goal



XLII      03/07 - SCOT WORTLEY - CIVILIAN GOVERNANCE AND POLICING IN A MULTICULTURAL
          SOCIETY

Summary:

   The five types of civilian oversight are a spectrum, ranging from fully police controlled to fully civilian controlled.The
   police are dissatisfied with any form of complaint process.Complaints against them are rarely substantiated.The people
   bringing the complaints are not happy unless the complaint goes their way regardless if the police conduct it or not.ADR
   leads to the most satisfaction.The number of reported complaints goes up when a civilian system is put in place, but this
   backs off to the old levels.The police, police unions and limited resources all act as barriers to effective police
   oversight.Given enough resources, it should work, but there is no research that confirms this.

Arguments in Support of Civilian Review

   There are four inter-related hypotheses in support of civilian review:

    Citizens will be more objective and therefore more effective than officers.
    This objectivity means more complaints will be substantiated and more officers disciplined.
    This will deter police misconduct.
    The actual and perceived independence of civilian review will lead to higher levels of satisfaction and confidence in
     the police force.
   There are 5 types of civilian oversight:

    In-house model- police have all the responsibility and there is no civilian oversight.
    Externally Supervised In-House Model- cases can be reviewed by an external body but final decisions remain in the
     hands of police supervisors.
    Police Investigation with Independent Adjudication Model
    Independent Investigation with Police Adjudication Model
    Independent Model eg SIU.
Evaluation Research

   There is a cycle by which the number of complaints initially increases after the implementation of civilian review, then
   decreases. Regardless, very few complaints against the police are substantiated.

   Individuals whose cases are resolved through informal mediation tend to be much more satisfied.

   Evaluating the impact of civilian oversight would entail:

   official complaints data;

   public opinion surveys;

   interviews with complainants;
   interviews with police personnel and;

   external audits with specific oversight systems.

   The biggest obstacle to overcome is resources.

Arguments in Support of Civilian Review

   Civilian review will enhance police accountability to the general public. Non-police oversight will be more independent,
   thorough and objective than internal governance.

   In 1997, the conservative government in Ontario abolished the PC and replaced it with OCCOPS, which had much less
   power.

   The SIU is one of few type five models in Canada (totally independent). Another example is LERA in Manitoba.
   However, there is no national standard for civilian oversight.

Impact on the Number of Police Complaints

   There are two competing hypotheses on how civilian review will impact the number of complaints against the police:

    Effective civilian review should deter police misconduct to a greater extent than internal review and should therefore
     reduce the total number of complaints.
    Civilian review will increase public confidence in the complaints process and increase the probability that individual
     citizens will decide to file complaints. Limited research supports this hypothesis.
Impact on Case Outcomes

   Limited evidence shows that external oversight have not created consistently better investigative outcomes, but there is
   very little Canadian research completed.

   Both internal and external review types will produce low substantiation rates because there are usually no witnesses or
   other objective evidence and there is a high standard of proof.

Impact on Complainants

   Even when complainants have their complaints investigated by an independent agency, there is still a high level of
   dissatisfaction, and satisfaction depends largely upon the outcome of their case.

   ADR tends to yield higher satisfaction because it better addresses the goals and expectations of the complainants. The
   majority want an apology, explanation or face-to-face encounter.

Impact on the Police

   Police and police unions have voiced strong opposition to the use of civilian oversight.

   They have argued that citizens cannot properly evaluate police officers, but this is not convincing because most are ex-
   officers.

   Police have also argued that civilian oversight will have a negative impact on police moral and increase already high
   levels of stress, but there is no research supporting this.

   Toronto Police Association President Craig Bromell has argued that civilian oversight adversely affects police
   performance.

The Queensland Criminal Justice Commission: A Case Study

   Under some circumstances, external oversight can make a significant contribution to police accountability to the public.
   The CJC are an example that if appropriate resources and authority are provided, external oversight can make a very
   positive contribution.

Practices:

   This list compiles a number of promising strategies for effective civilian oversight:

    External reporting mechanisms.
    Accessibility/ awareness.
    Recognition of third party complaints.
    Promotion of informal resolution.
    Independent investigation.
    Proactive investigations (undercover) re: police corruption and integrity.
   Rights of the police- debate exists over whether police should retain regular rights (eg to remain silent) or have to
   surrender their right to silence in non-criminal disciplinary matters as a reflection of their obligation to the public.

   Standard of proof should be less onerous.

   Disciplinary decisions- civilian oversight bodies should be able to both investigate and adjudicate.

    10.) Case processing- complaints should be resolved quickly.
    11.) Monitoring police management- the primary purpose of civilian oversight should be to monitor and evaluate
     police leaders re: corruption and misconduct.
    12.) Early warning systems- computers should alert authorities to officers who are complaint-prone.
    13.) Expertise- civilian review must be expert.
    14.) Representation of minority interests- civilian oversight should reflect the diversity of the communities in which
     they operate.
    15.) Policy review- civilian oversight should be able to review general police operations and make recommendations
     re: policies.
    16.) Monitoring and evaluating research- civilian oversight should develop standardized recording practices and
     periodically evaluate their operations.
    17.) Maintenance of Strong Internal Affairs Units- civilian oversight should not be used as a substitute for effective
     internal affairs operations.
Obstacles to Reform

   The Police - Police subculture fosters an “us against them” mentality in which members of the public are viewed with
   distrust. This means that police will be especially resistance to investigations conducted by civilian authorities. Police
   officers rarely report misconduct of their peers and may not cooperate with review, external or otherwise.

   Police Unions - Police unions have historically voiced strong opposition to civilian review.

   Resources - Effective civilian oversight is impossible without resources.

XLIII        03/07 - DENNIS FORCESE - THE POLITICS OF POLICE UNIONS - 2002

Summary:

   Brommel – police union head. Responsible for “true blue”, hiring investigators to dig up dirt on politicians, attempting
   to get the chief to resign.

   Fantino – chief of police.
   Judy Sgro – city councillor targeted by the police union.

Introduction

   This article focuses on (1) an account of an atypical Canadian police employee group resorting to American police union
   tactics and (2) an account of odd affiliations for provincial and municipal politicians and police union leadership.

   Police unions can be traced back to post-World War I, and various employee groups in the 1960s.

   Chiefs of police have often been blatantly contested in Canada.

Union Politics in Toronto

   Due to the committed aggressive police reporting by the Toronto Star, police association actions were well reported in
   the 1990s.

   The reputation of police associations was layered throughout the 1990s, with an explicit intent to take on politicians
   whom the associations considered undesirable. However, in the 1990s police associations started taking on managers
   and politicians. This was done after the advice of Los Angeles police associations.

   Private investigators were hired by the Toronto Association to search for incriminating data on politicians perceived to
   be opponents or critics of the police.

   The Ontario Police Commission investigated councilor Judy Sgro at the request of the union based on the fact that she
   had not taken a mandatory training course for police service board members. Sgro had previously criticized the union
   for targeting politicians.

   In 2000, the “True Blue”campaign (which was against politicians), was formed, which raised money to be used in its
   lobbying to amend to Young Offenders Act, and to assist in forming a national DNA bank. Local politicians believed
   the funds would be used to target undesirable politicians. The money was being raised (1) by officers selling stickers for
   $25 - $100 (which could be attached to vehicles) and (2) through telemarketers. The campaign was scrutinized by the
   public for exercising favoritism. For example, some questioned whether an individual stopped for speeding would be
   treated differently based on whether or not they displayed a sticker on their car.

   The union executive was charged by the chief with discreditable conduct.

   After much criticism, the Police Service Board ordered the union to end the campaign. Additionally, a bylaw was passed
   banning telemarketers and fund-raising for political activities by any police officer. The association challenged their
   legal right in the bylaw and termination of the campaign. The city council agreed to drop its bylaw for political purposes
   and the association in turn dropped its lawsuit against Toronto council. The union eventually terminated the campaign
   (Jan 31, 2000).

Association versus Management

   In 1999, Julian Fantino, was named the new chief of police in Toronto. He entered a police organization in which the
   union was outspoken and highly visible representative for Toronto policing.

   The union assembled a non- confidence vote, putting the question to members: “After reviewing the chief’s
   performance, do you have confidence in his leadership?” – 89.9% of the ballots were negative.

   Before Fantino became chief, there was speculation in the press that he was once opposed but now favored by the
   association. Furthermore, it was expected that Fantino would align with the association in opposition to local politicians.
   However, Chief Fantino was continuously targeted by the union. For example, it was alleged that he made “irresponsible
   comments to the media about … members”. Fantino complained that the union had private investigators following him.

   Chief Fantino and the Police Services Board dismissed the association referendum as mischief, and the association
   president declined to demand the resignation of the chief.

XLIV      02/14 – KAPPELER, SLAUDER AND ALPERT – LEARNING TO DEVIATE MOTIEVE AND
          JUSTIFICATION FOR BREAKING NORMATIVE BONDS.
  Summary: The police prepare the social audience for these justifications by presenting criminals as dangerous, violent,
  well organized and deceptive.As these people threaten the social and moral order, deviant police actions within the
  context of fighting these groups become more palatable. Justifications from Sykes and Matza 1957

  Denial of Responsibility.The deviant behaviour is outside the control of the actor.It could be that violence was initiated
  by the “bad guy”, or the result of uncontrollable emotion associated with police activity.Their own violence is
  “inevitable”.Denial of responsibility is a cognitive foundation and it lessens adherence to external norms in favour of
  sub-cultural ones.

  Denial of Injury.Wrongfulness turns on whether or not anyone has clearly been hurt by the deviant behaviour.If
  criminals don’t deserve the protection of the law, then violating their rights causes no injury.If the city has lots of
  money, then padding time sheets causes no foul.The idea is that, without injury, a deviant police officer is doing no
  wrong.

  Denial of the Victim.A characterization of victims and victimization in an attempt to justify deviation.Intoxicated
  persons can either be classified as incapacitated or a potentially violent offender.Some offenders are pre-classified by the
  police ideology and become appropriate targets for justifiable punishment for their behaviours.

  Condemnation of the Condemners.Shifting the focus of attention from deviant behaviour to those who disapprove of the
  violation.Condemners are classified as hypocrites, deviants in disguise or impelled by personal spite.Ex.Plea bargains
  are the result of judges that are “soft on crime” (deviant behaviour, surely).Citizens who complain or bring actions
  against the police are resentful or out for a quick buck.Condemners of the police don’t understand the realities of police
  work.

  Appeal to Higher Loyalties.The societal are trumped by the norms of the police sub-culture.The officer who commits
  perjury to protect a fellow officer has demonstrated loyalty and solidarity to the group by placing himself or herself in
  harm’s way for others.

INTRODUCTION

  This article discusses the techniques police use to break the bonds of social norms while maintaining their “law-abiding”
  appearance.The subculture of policing facilitates deviance by providing its members with the beliefs, values, definitions
  and manners of expression necessary to depart from acceptable behaviour.With this shared framework, officers can
  rationalize, excuse and justify their deviance while maintaining their conformist image to the public.

MOTIVE AND MOTIVATION

  Motives prepare a social actor for courses of actions.Culture and ideology provide the necessary frames of reference that
  prepare an actor for future courses of action.The motive takes shape when an event is incorporated into an actor’s
  collective experience.When an actor’s understanding of the social world is favourable to a certain course of action and
  when the actor anticipates little or no negative social reaction to the behaviour, there is a greater likelihood that the
  behaviour will occur.Thus, police must first perceive the use of deviant behaviour as a viable response to citizens and as
  an effective measure for crime control before it is a viable course of action or them.

JUSTIFYING POLICE DEVIANCE

  Deviants employ certain techniques that neutralize the consequences of their actions by insulating offenders from the
  negative self-image normally associated with the commission of a crime.These are (from Sykes and Matza 1957):

   Denial of Responsibility.The deviant behaviour is outside the control of the actor.It could be that violence was
    initiated by the “bad guy”, or the result of uncontrollable emotion associated with police activity.Their own violence
    is “inevitable”.Denial of responsibility is a cognitive foundation and it lessens adherence to external norms in favour
    of sub-cultural ones.
   Denial of Injury.Wrongfulness turns on whether or not anyone has clearly been hurt by the deviant behaviour.If
    criminals don’t deserve the protection of the law, then violating their rights causes no injury.If the city has lots of
    money, then padding time sheets causes no foul.The idea is that, without injury, a deviant police officer is doing no
    wrong.
    Denial of the Victim.A characterization of victims and victimization in an attempt to justify deviation.Intoxicated
     persons can either be classified as incapacitated or a potentially violent offender.Some offenders are pre-classified by
     the police ideology and become appropriate targets for justifiable punishment for their behaviours.
    Condemnation of the Condemners.Shifting the focus of attention from deviant behaviour to those who disapprove of
     the violation.Condemners are classified as hypocrites, deviants in disguise or impelled by personal spite.Ex.Plea
     bargains are the result of judges that are “soft on crime” (deviant behaviour, surely).Citizens who complain or bring
     actions against the police are resentful or out for a quick buck.Condemners of the police don’t understand the
     realities of police work.
    Appeal to Higher Loyalties.The societal are trumped by the norms of the police sub-culture.The officer who commits
     perjury to protect a fellow officer has demonstrated loyalty and solidarity to the group by placing himself or herself
     in harm’s way for others.
AUDIENCE ACCEPTANCE OF JUSTIFICATIONS FOR DEVIANCE

   These justifications can also be formed to make the audience more accepting of the acts.For this to work, the audience
   has to accept their justifications.The police prepare the social audience for these justifications by presenting criminals as
   dangerous, violent, well organized and deceptive.As these people threaten the social and moral order, deviant police
   actions within the context of fighting these groups become more palatable.The message is tailored to the audience.

NEGOTIATING THE BOUNDARIES OF THE NORMATIVE SYSTEM

   Acceptance of rejection of police justification for deviance serves a larger role in the construction of social order; it is
   the interaction between the police and the audience that negotiates the moral and social order.When police justifications
   are played our in public forums, they provide the foundation for future individual and societal conceptions.If the
   justification is rejected then the justification must be modified or the behaviour changed.If accepted, both the
   justification and behaviour can continue.This leads to a modification of the existing social and moral order.

XLV       02/14 – MANNING “DEVIANCE” IN POLICE ORGANIZATIONS - 1999

Summary:

3 types of deviance are important:

   1. Police violations of criminal law. (This also includes violations of the civil rights of citizens.) This is the category
   that is most easily quantified and for which the most data has been gathered.

   2. Violations of internal rules and regulations. Obviously, these change from region to region. This type of data is
   difficult to gather, and is of questionable reliability and validity.

   3. Violations of civilities. This includes manners of taste, aesthetics manners and morals and is therefore culture
   specific.

The 3 above are influenced by context, and specifically by the following 3 contextual aspects:

   1. Market regulation or eradication. Police can either attempt to regulate markets or attempt to eradicate a market
   through sanctioning.

   2. Reactive or proactive policing. The police can either pursue a “deterrence” model of random patrol and subsequent
   investigation of criminal acts or a target model, employing directed patrol or some form of problem-solving policing.

   3. The quality of the deviance: Police violence can either be of a direct and immediate nature or a more erosive, long-
   lasting and subtle nature. Face to face violence is normally broken into the following categories:

   a. Shootings by police
   b. Shootings of police
   c. Active pursuits
   d. Other forms of police violence – this may include anything from excessive force to razing public housing units in
    an effort to stamp out drug use.
CENTRAL THESIS:
   Police deviance arises from the nature of police work, which is broadly defined. It often requires actions to be taken in a
   speedy manner, and sanctions violence to maintain order. These attributes allow the police to do their job, but also
   provide the means to rationalize behaviour that may not be appropriate.

   The full nature of police deviance is not known. This is because of limitations of research, the autonomous nature of
   police work, the strong cohesion between officers and also because the police do not always recognize their own
   violations due to their culture.

   The state gives the police the power to take immediate and decisive actions. This allows them to do their work, but the
   generality and urgency also provide for ambiguous interpretations of the law. Speed is a central aspect of police
   ideology and may be used to justify any manner of actions. Therefore, if undue force is used or neglect occurs, the
   imperative of having to take action rationalizes personal responsibility. In addition, the police are a self-governing
   organization and have considerable leeway in policing themselves, although they are subject to external regulations and
   laws.

   When police violations come into public awareness, since the police are funded by the state, this brings up political
   controversy and can erode public confidence in both the police and in politicians.

3 types of deviance are important:

   1. Police violations of criminal law. (This also includes violations of the civil rights of citizens.) This is the category
   that is most easily quantified and for which the most data has been gathered.

   2. Violations of internal rules and regulations. Obviously, these change from region to region. This type of data is
   difficult to gather, and is of questionable reliability and validity.

   3. Violations of civilities. This includes manners of taste, aesthetics manners and morals and is therefore culture
   specific.

The 3 above are influenced by context, and specifically by the following 3 contextual aspects:

   1. Market regulation or eradication. Police can either attempt to regulate markets or attempt to eradicate a market
   through sanctioning.

   2. Reactive or proactive policing. The police can either pursue a “deterrence” model of random patrol and subsequent
   investigation of criminal acts or a target model, employing directed patrol or some form of problem-solving policing.

   3. The quality of the deviance: Police violence can either be of a direct and immediate nature or a more erosive, long-
   lasting and subtle nature. Face to face violence is normally broken into the following categories:

    a. Shootings by police
    b. Shootings of police
    c. Active pursuits
    d. Other forms of police violence – this may include anything from excessive force to razing public housing units in
     an effort to stamp out drug use.
FINDINGS:

   Interpersonal violence is affected by organizational policies and training, suspect and officer characteristics, suspect and
   officer ethnic congruity and the presumed mental state of the citizen (sober citizens are subjected to more violence than
   those considered “mental”). In addition, it was found that the under-application of violence in response to citizens
   tended to lead to violence and injury to officers.

   These finding imply that events of police violence may be products of history training and traditions rather than the fact
   that there are “bad apples’ in the police barrel.

   Manning concludes that police deviance is a two-sided problem, reflective of police culture and culture at large.
   Ultimately, “we may not get the police we deserve or even want, but we get what we need.”

								
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