"policing beare w03 1"
POLICING - appears to be a visible process, but largely an invisible occupation - controversies/experiences depends on who you are and where you are - use of inquiries, commissions, cases, reports … as windows for understanding what actually occurs inside the police department + allows us to predict what may happen - allow for cracks of light (visibility) into the process - facts, history, findings, responses/changes - body of documents that allow us to look at an aspect of policing In Relation to Sociology - increasingly law as a matter of context - who gets policed (as inflicted upon a community) - who receives policing (as a service) - what is defined as crime/law evolves and changes i.e. domestic/family abuse was once viewed as a private and invisible matter … 1975 response to Canadian citizens wanting capital punishment and the government diverting attention with the creation of a get-tough package i.e. prisoner’s rights i.e. national security and enhanced police power and rise of private policing i.e. policing of corporations … although these activities have met the definition of organized crime, has been largely ignored Concepts and Words - Robert Merton - “Our conceptual language tends to fix our perceptions and derivatively our thoughts and behaviours. The concept defines the situation, and the research responds accordingly. Explicit conceptual analysis helps him recognize what is responding to and which (possibly significant) elements he is missing.” - the label you give to things - words take on a meaning/life - an active process - not neutral i.e. Sutherland coined the phrase “white collar crime” as different from “true crimes” … does this imply that corporate crime is not as severe as other crimes ? i.e. who are the police ? - members of private security ? - fisheries agents ? - they are all engaged in law enforcement Perspectives on How the World Operates (a) functionalist – Durkheim - a consensus within society - people understand and agree to what the law should be doing and on what the role of the police should be i.e. police - keep things in order … an order that the people agree to - law = a faithful representation of the collective conscious - while everyone does not take part in the formation and enforcement of the law, everyone is part of the collective conscious of what the law should do - unrest is an abnormality and disjunction … but it is also good because will bring about a change - forbids both the rich and the poor from sleeping under bridges … equality of the law and its application (b) conflict - law and police as a tool of the state to control and oppress - for the benefit of the “elite” - reproduces the social order - a means of social control (c) dialectic - negotiated order - there are a lot of masters/elites with different interests and agendas - but sometimes powerless groups may band together and get laws passed to their advantage, and which may be disadvantageous to the more powerful groups - CJS has to maintain legitimacy – to be seen and perceived as equal + fair (d) Foucault - relationship between knowledge and power as intimately related – cannot have one without the other - people with power create the facts around them - important to policing - the first people on the scene - voice between the incident and the media - they are defining and providing an understanding of what the world looks like - providing a “public consensus” - the power dynamic will inform us to the reality (“truth”) … this is not value free (e) Erickson - role of law as the police use it - law as a malleable tool that can be “used” or not used at their discretion i.e. the tools used can depend on how deferential you are - police have a great deal of discretion (f) J.Q. Wilson - law as a “force that tells the police what he/she can or cannot do” - black letter of the law - safeguards within the system – due process rights, Charter (but how often do these serve as rights among the most vulnerable citizenry) - or is process the punishment ? (g) Goffman – dramaturgical focus - the messages we give off … performance entails an individual’s attempt to impress upon others and themselves the character that they claim … deliberate - we are the successful performances that we play in social situations … but these presentations are constrained wrt what will be accepted in the context of a given social hierarchy - notion of the drama … social life as moral and manipulative - rituals to maintain social order and allow for certainty - backstage - chaotic - people preparing self i.e. police working units, cruisers, police parties - front stage - where the performance takes place - the public image … wrt policing, this is what we see i.e. press release, funeral, headquarters - includes the physical props of the social setting + personal expressive equipment - at a micro level, considers the individual … “The Presentation of Self” - control of impressions (impression management) (h) Manning - why an institution/organization develops the way it does (macro) - different situations, ceremonies, symbolic values, messages, rituals (funeral) - patterned actions and patterned rituals + game - organization that operates to maintain, perpetuate, sustain - police behaviour as a function of the organized life of policing - organizational performances allow the public to view the actors and institution in a specific way … requires planning, management, direction - front stage and back stage i.e. what is visible to the public v. inquiries into the backstage invisible world - public meanings - derived from the invocation and dramatization of public rules - where members of the private realm interact - private meanings - those used in situations out of public view - it is not just that the police have put on acts as being self-serving and cynical, because underlying this is that they have also been affected by their performances i.e. internalization of roles and role expectations - both the public and the police internalize these messages - team work … the person who violates this is ostracized - maintaining social control - knowledge - appearance - demeanour - physicality - some tension between being (the result of a successful performance) v. presentation Video: Police Funeral of Hancox - a dangerous job but one of the safest professions - so, how did the police come to have such grand funerals ? - took place outside of the family church + another denomination … family stepping back a bit - 12 internet sites that broadcasted the funeral - police flown in from all over the country - public has gotten up at 6:00am to attend - “he is one of us” … us v. them - sacredness, brotherhood … BUT Hancox’s partner is drinking in a hockey rink while on duty - “we are the thin blue line” … we are there for the community - police in uniform … even retired governors wearing police chief uniforms - red surge … mobilization of thousands of police officers - values of honour, duty - mother (member of the public) shown with her child … the whole family - public perceptions of the funeral are created and constructed by media presentation 1. police symbolize the capacity of state to intervene and the concern of the state for the affairs of citizenry 2. the mobilization in uniform of a large body of officers transmits messages about their mutual identification with the corporate body of police 3. sense of sacredness that lies at the root of political order and authority ... deference to the rule of law 4. represent the means by which the political authorities maintain the status quo ... the police act on behalf of those with power 5. capacity to deter citizens from committing acts that threaten the order they are believed to symbolize 6. reaffirm the centrality of formal social control in everyday life and a legitimate occasion for the dramatization of police presence - tension between visual images of gloss and polish v. reality of the job - pg.5 … policing a masterful costume drama, a presentation of ordering and mannered civility that are also dirty work - pg.7 … because dramaturgy assumes that action is symbolic and governed by meanings that exercise influence over our behaviour, it is structural in character … presentation as structured and organized - pg.29 … one theme varied at times = prevent, control, deter, punish crime - the reality is that they cannot control crime for structural reasons … therefore, what do you do ? create a series of performances i.e. the more the police make arrests, the more crime there seems to be i.e. evidence that police have little effect on the amount of crime ... therefore, while the police can manipulate crime figures, they cannot control crime in the sense of eradication ... but they can regulate or manage it - drama of police work - attempt by their public proclamations, publicized actions, and ceremonies, to appear to constrain and punish violations of the law - requires downplaying the dirty, insignificant, tedious, and unpleasant aspects i.e. provide transportation, take reports, control the public in traffic, note public nuisances v. crime fighting - the police are often represented by the media as crime fighters who battle heroically against the threatening chaos of crime - police mission is described as crime derived ... reaffirmed through the selective presentation of police duties i.e. rhetoric of professionalism i.e. use of statistics to measure crime and as a measure of police effectiveness - thus their legitimation rests on inadequate or controlled info - to create the appearance of control - and as the public begins to understand the limits of policing as a crime- fighting agency, the police will have closed off alternative views of their work i.e. crime prevention, special social service agency, regulatory Historical Development of Policing - C8-11 England - contract between Kings and King’s subjects = “Kings peace” - relationship where the threat was seen as external - in exchange for labour/loyalty, King would mount an army to fight external threat - private policing by gentry - community policing - threat moving inside into the towns - family’s forming social bond of tything - social contract - have hearings to settle disputes … groups deciding … consensus - “policing” function - 1215 Magna Carta - sheriff - assign fines to those who violated the rules - fines should correspond to severity of the rule breaking - watch system … on the look out for suspicious people - hue and cry - however, a gradual growth of the middle class with jobs - found volunteering not workable - instead of volunteering - pay other people to watch others - those with no jobs and responsibilities - unemployed serving the role of police i.e. role of Gin as a deteriorating factor - C18 Henry Fielding - magistrates should be paid (and voluntary) on a salary v. on the basis of the number of cases brought forward - secured funds to hire people to catch criminals - 1780 Gin riots - 1875 William Pitt - bill to establish a police force - but this was criticized as militaristic and invisible (plain clothed) and invasive as were the police forces in France ... who secretly surveyed and controlled citizens - bill withdrawn - John Fielding - preventative mounted patrol on highways - 1829 Peel - paid and professional 1. prevent crime and disorder as an alternative to the military ... at the time, there was a fear of civil order within civilian society, therefore an emphasis on prevention + NOT the military 2. ability of the police to perform their duties is dependant upon public approval of police action and behaviour ... will function only if the people want them to and allow them to function 3. police must secure the willing cooperation of the public ... we grant police the ability to police us … secure and maintain legitimacy 4. the greater the cooperation (legitimacy), then the less physical force used 5. police are not the law makers, prosecutors, sentences, rather enforcement ... impartial service to the law ... no political influence - today, police are engaged in lobbying for changes in the law … both through unions and through the chief of police - police conferences that come up with resolutions - use of discretion … not all of the laws are enforced 6. use of a minimum degree of force only when required ... weigh severity of the offence with observance of the law 7. the police should at all times maintain a relationship with the public ... “the police are the public and the public are the police” - questionable in a heterogeneous society … gender, race, ethnicity of police 8. police should always direct their actions toward their function and not appear to usurp the power of the judiciary ... hand over the person to the system without any other vested interest - but this is very hard to do especially after you have worked on the case for a period of time … caught up in getting a conviction 9. the test of police efficiency is the absence of crime and disorder - the introduction of the professional police was the result of Peel + the circumstances of the time (social context) - expanded mandate - growth of professional era - if allow the police to interact with the public, would lead to more corruption - put police in cars (v. street) and make headquarters into fortresses - speed oriented whether or not it made sense to go to the scene - however, with changes - people did not feel safe - did not know who the police were - public police - growth of private policing - Ignatieff - “To interpret the coming of the new police as a “response” to crime and disorder, “caused” by urban growth - to see the force as the work of bourgeois consensus brought together by social … is inaccurate - the formation of the police is more complicated than it seems Summary of the Explanation for the Creation of the New Police 1. changes in patterns social solidarity, in sociological terms, a shift from gemeinscheft (informal, small, homogeneous) societies, to gesellschaft (urbanized, heterogeneous, formal) societies 2. rapidly growing urban poor – an underclass that the larger society came to see as a “dangerous class” capable of threatening the fabric of society - Silver article - impact of Gin on riots i.e. riots were expected as a means of change, but there came a point at which there was a risk to the fabric of society … growth of a dangerous class ... or was this perhaps the result of less tolerance of crime and riots ? - increased feelings of insecurity - population increases - immigration - more different from ourselves - a group of people that are presented by the police, media and politicians, as the dangerous class of the moment … when the police need more powers and resources to “fight crime” ... creation of a moral panic ... "crime wave" 3. rising crime and increasing images of criminality 4. growth in the middle class with property/goods to protect 5. failure of judicial terror (capital punishment) to reduce crime 6. successful early models such as the Bow Street Runners 7. improved local government and the emergence of paid, professional services 8. propertied classes come to see their interests advanced by the new police - Ignatieff - police negotiate a complex, shifting, largely unspoken contract - define those activities that they will turn a blind eye to, and those activities which the will suppress, harass, or control - “tacit contract” between neighbourhood activities and police objectives - basis of police legitimacy … fragile at best * what is tolerable in one neighbourhood v. another * police have to gain and maintain legitimacy Police Officers by Level of Policing in Canada 2000 - total police officers - 56, 000 - total civilians - 19,675 (in 1997) - federal - 4, 341 - provincial - RCMP - 5, 261 - Quebec - 3,768 - Ontario - 3,925 - Nfld - 313 - 13,367 - municipal - RCMP - 3,819 - independent - 33,520 - OPP - 37,339 - law enforcement and administration - 1,073 * RCMP at every level except Ontario, Quebec, and some of Newfoundland * unlike the US with 1000s of different police organization, a strong RCMP present through out the country - wrt policy - because the RCMP are at every level, clearly the feds have influence over them i.e. domestic violence - charging policy symbolically important - can speak through the CACP to adopt policy and move throughout country - v. US less centralized system - RCMP - federally - 4,341 - municipally - 3,819 - provincially - 5,261 - other - 1,073 Total = 14,494 = 25.9% of the police - non-RCMP at the municipal level - 59.8% - non-RCMP at the provincial level - 14.3% Police Work and the Nature of the Job – CH 4 - idea of structural contradictions inherent in policing - the police have adopted crime control and enforcement as what they do, but this is a contradiction i.e. patrol officers are "in service" responding to calls 30-40% of the time i.e. 40-50% of patrol time is spent on unspecified random patrol, paper work, other - the better you are at fighting crime, the more arrests, the more convictions, and the higher the crime rate … so then need to convince the public/politicians - when the police see themselves as a crime fighting organization, can talk themselves into a box - also - notion of eliminating crime is not possible - differences in socio-eco status - people want more than they have - definition of crime changes - wrt target policing, can bump up arrest rate by targeting - with perceptions of increased crime, the police can use this to ask for more power and more resources to fight crime (a) consensus v. diversity - policing a community, but members of the community have different expectations as to what the police should be doing - Ignatieff - negotiating with the community - “community” influenced by the louder/powerful/white voices - Peel - people are the police and police are the people ??? (b) high moral calling v. violence and class struggle - spit and polish v. reality of police work - Hancox funeral v. drinking partner (c) application of the law - role of police discretion - is there always one law to be applied in the same situation ? NO - role of varying laws - there may be no laws at all - process of conviction based on the law … plea bargaining, laying of charges - objective may be social order v. applying the law (i) law presented as absolute (ii) Wilson - laws tell people what the can and cannot do (iii) Erickson - law as a grab bag of tools (iv) laws as inadequate - no law, wording not useful (d) discretion v. law - hierarchal structure - at the patrol level there is the greatest amount of discretion … this is likely the level with the least training and the least authority (e) case building v. presumption of innocence - there should be a separation within the CJS to serve as checks and balances - whether a person is convicted or not is should be no concern of the police … do job neutrally v. have an interest in conviction - comradeship of defence, Crown, police (f) secrecy v. disclosure and public accountability (g) political v. apolitical - should be neutral - who pays for the police ? who passes the laws they enforce ? - strong political ties - reason for coming into being - NWRMP - admin of order in the state - Ipperwash - Parliament Hill (h) crime control v. info control - not controlling crime, but our knowledge of crime and what we think of crime Readings that Debate what the Police are Doing – CH 5 - police manipulate public opinion - attempt to seek public acceptance with little controversy - by claiming a professional standing/status i.e. pg.121 … profession is basically an ideology, a set of rationalizations about the worth and necessity of certain areas of work, which, when internalized, gives the practitioners a moral justification for privilege if not a licence (Habenstein) - is policing a profession ? - tools used by the police to create and maintain public image = bureaucratic model 1. technology - use of science to solve human problems 2. official statistics - to convey the impression of efficiency, to improve their chances of survival, to enhance their public image - control our notions of knowledge and crime and its threat - discretion in responding to calls + making arrests + clearance rates 3. styles of patrol that aim for public order - being seen/visible and linked with public order (a) watchman - emphasizes public order v. law enforcement - sensitive to the needs of the different groups, overlook minor infractions (b) legalistic - emphasizes law enforcement and active intervention to control (c) service - market oriented ... demands of homogeneous middle-class communities - seldom use the law to control situations, rather prefer informal action 4. secrecy - “special and restricted knowledge” - as a means of controlling public response to police operations - shared secrets create internal cohesion - keeps the public at a distance and helps the police maintain power - deliberately mystifies ... sustains respect and awe - constrain citizens from making complaints about police misconduct 5. symbiotic relationship with the CJS that minimizes the exposure of police flaws - partners with the Crown, defence, police - tensions are perhaps more a show than real 6. strategy of corruption - perhaps more in the US - deals/trades made during undercover policing - invisible tradeoffs 7. rational 8. scientifically organized - computers, files, software, criminal analysis - criminal intelligence 9. professionalization - a job that can only be done by the police ... attempt to control the public - attempt to achieve power and authority - pg. 127 assumption of guilt v. innocence … the assumption of guilt is the oil that lubricates an otherwise outdated, overworked, inadequate system of justice i.e. Skolneck - justice without trial - getting convictions quickly to avoid the court process Video - Inteliguard - Private Police - lower level private policing - revolutionary policing … “the new age of policing” - for-profit private police operations - look like and act like real public police … but only a security guard - ratio of private police to public police = 3:1 - increasing crime + growing demand for law and order + cash strapped police - can be found in communities, prisons, airports, trains … - a cheaper and more efficient alternative - police public and private property - 4 day crash course training, no necessary police training - assist in preventative policing … expel people for trespassing before they commit more serious crimes - US - armed and pervasive - in Florida, ratio to public police in 8:1 - government spends more on private policing than public - private prisons - videos, 24 hour surveillance, remote controlled doors i.e. Shearing - like Disney - labyrinth of security and the public complies - use to living under security - tells you how to behave, what to do, where to go - when something is everywhere, you don’t notice it - unlike public police who are subject to the restraints of the law - moving beyond gated communities - privatization of spaces - have to get everyone involved in the provision of security - this frees up public police time … on call for real emergencies - new private uniforms - elbowing out public police as the provider of law and order - fear of crime increasing while actual crime rates have stabilized or are decreasing - public police - complex process to ensure rights - have become less visible as the public have moved indoors and underground - no public accountability … only to the boss - while may be cheaper, quality lower - limits on power - if arresting/handing over to police … may feel under restraint - but the majority of their policing is not aimed toward courts, therefore some of the things that restrain public police wrt not jeopardizing the court trial (evidence, witnesses, reports) does not apply i.e. investigation reports to get permission, reports after each incident - the usual outcome of private police is order maintenance (that the property owner wants to maintain) - accountability issues wrt racism, violence, classism - there has been massive growth of the private policing industry i.e. about 3X as many public police - why the growth ? - territory i.e. metro police will not enter low cost housing area unless called - lack of public funding to the public police - insurance, tax, sense of security to the person - concept of the “risk society” The "Risk" Discourse - treating risk like security - not something that has a zero sum that can be added up, yet we keep trying to quantify - wrt globalization 1. allows for or creates a shared world view as to the threats and risks that countries (developed and less developed) face 2. extent that the risks are real/actual, the risks themselves are shared 3.encourages and facilitates a shared responsibility to these risks i.e. 911, organized crime, terrorism - does not have to be any real evidence … can be based on perceptions - also everyday things ... what police should be doing, who is the most likely to be victimized, suspects, what is more risky - what is it about our society that allows this risk discourse to thrive i.e. increase in private policing, gated communities, risk management people - characteristics of the "risk society" 1. fragmentation within society 2. the proliferation of specialists with expert knowledge 3. highly scientific and technological environment 4. computerized systems both for communications and to calculate, store and distribute knowledge related to risks ... tends to be controlled by the police and insurance companies and media in partnership with the politicians and police i.e. Foucault - knowledge entwined with power i.e. the loudest voices are the ones we hear - Erickson - an era preoccupied with dangers i.e. "Risk discourse constantly reminds us that knowledge is always embedded in ignorance, safety is surrounded by unsafely ... Risk discourse cultivates insecurities, focuses them upon scapegoats, and forces people to accept expert knowledge of risk - a knowledge that creates new insecurities ... " - creates a cycle where we rely on expert evidence about risk, which creates more fear and the belief of more risk, and the need for more expert evidence - creation of dangerous classes and risk - not necessarily always empirical, but based on perception - the creation of moral panics (notion behind the dangerous class) - moral panic 1. a condition or group of people become defined as a threat to the social order 2. the mass media then reports the incidents and the definition of the threat i.e. police definitions 3. key moral entrepreneurs or known experts of one sort or another defend the moral order and confirm the threat 4. other experts pronounce solutions within the scope of that threat debate has taken usually in the press i.e. everyday there are things that happen that the media could report on ... but what gets reported are often those things that can be blown together to create a crime wave ... more a creation of reporters i.e. car accidents and elderly ... these stories are always there but depends on reporting and collating decisions of media (tv, newspapers) 5. solutions will be posed - often to match the organizational mandates of those who can be heard in the process i.e. more person power, more resources, more legislation - this is all part of the terrain that the police are dealing with - there are not just innocent bystanders involved - also groups with vested interests - thus the police environment as enacted v. external i.e. help to create by priorities, what the want to make into big stories - Stewart Hall - be questionable of moral panics - when the official reaction to a person, groups of persons, or series is out of proportion to the actual threat ... when the police, chiefs, judiciary, politicians all perceive the threat in identical ways ... when media stresses "sudden and dramatic increases" ... then a moral panic LCC Report - done for the public - account of private policing (1) what does justice mean in the context of private security agents - rights built into the public system wrt public police i.e. Charter, procedural rights - order - accountable to their client and the CCC ... but a lack of civilian review board - not interested in making arrests ... slows down their day (operational realty) - provides safety and security ... less restricted by the rules than are the police ... but there are costs often related to peoples rights - know one knows how many people are handed over to the police and how many become cases i.e. owners may not want arrests (2) to what extent does the public police provide equal service to all ? - who gets policed v. who receives policing i.e. landlord receiving policing and residents being policed Six normative orders that shape the social world of the police 1. law - pg. 353 ... "any comprehensive analysis of the social world of the police cannot ignore how officers use legal rules to define situations and to determine their reaction" - the existence of laws and how they can be manipulated serve to structure the working life of the police officer ... a resource which directs their work + used as a justification - laws are ambiguous + police work is rarely supervised 2. bureaucratic control - pg.354 "although each man possesses the same legally defined coercive powers, each defines the same situation differently based on his job description" i.e. where you are in the organization, what you are responsible for - hierarchal para-military like structure as a means to control lower level behaviour ... serves to decrease uncertainty - but typically, there is little supervision with much discretion 3. adventure/machismo - pg. 357 "despite the increased rhetoric of community policing, the adventure/machismo normative order remains an integral part of the police subculture in LA and other communities" - dominated by white males, height-weight factor - adrenalin draw, the need for adventure v. community policing - characterized as boring moments of driving around and doing paper work with the opportunity of action, drama, theatre - hard charger v. station queen 4. safety - pg.358 "division of cities into pro-police vs. anti-police" - Erickson - police speak of "pukers" ... slang for a young troublemaker - when you have a mindset of a safe area v. unsafe area, then you bring a particular mind set which affects your response - leads to tension with the community - may be more to do with mindset v. explicit racism 5. competence - often translated into "police control over certain areas" - Erickson - social control rather than enforcement - to maintain legitimacy must be seen to have control - discretionary decisions made to bring the situation under control the quickest - fulfilling one's responsibilities 6. morality - pg.361 “cast in terms of an overarching battle between good and evil ..." - creates an us v. them attitude ... comes into conflict with ensuring the safety of all - works to denigrate the bad and glorify the defenders of the good - evil as a threat to the moral order Reiner (1) danger + authority + pressure to produce (statistics, suspect) v. be effective - statistically, policing is one of the safest jobs - police will argue potential of danger, death, and violence - risk has to do with the unpredictability of encounters - US policing/fears affects the thinking of Canadian police and public - police unions and their dramatization of potential risks (2) idea of suspicion - deliberately encouraged by training rather than the result of intrinsic conditions of police work - trained to be suspicious - who is out of place - this is reinforced by the daily nature of the job ... working on the beat - notion of police work as cognitive mapping of the city that justifies the suspicion felt by police i.e. knowing who the pukers are - valid suspicion v. stereotyping v. discrimination i.e. profiling debate - is there such a thing as valid profiling - v. racism, classism (3) isolation/solidarity - we v. they attitudes - wrt corruption, the willingness to keep silence and tolerate the behaviour of co-workers … but probably not as strong as a few years ago - changes - women/ethnicity still not part of the brotherhood and the core - increasing amounts of higher education - there are also gulf between management v. street cops ... result of the police hierarchy ... affects cohesiveness of the group (4) police conservatism - not joining the police to bring changes to the social order - to enforce and maintain status quo - machismo/racial prejudice/pragmatism (5) characteristics of a police culture - sense of a mission --- expectation of action ---- cynicism --- pessimism - mindset of police changes - mission - like a set, religion - scared canopy of law that covers their work ... thin blue line - action - very little action - most of the work is paper work or responding to citizens calls or order maintenance - build cases only to see the person back out on the street i.e. rest of the CJS not working properly ... too many protections - pessimism - I am working so hard and not making a dent anywhere - too many procedural loopholes with the CJS Community Based Policing - Silver article - police in our midst in civil society - volunteer based hue and cry v. professional police to reduce corruption and keep separate from the public v. community/problem-solving … almost cyclical - "community policing is a dramaturgical revision of themes found in policing in the last 75 years in the US. It does not deny that the crime focus but sees it as essential. It minimizes violence as the core of the police role. It highlights, marks, dramatizes the service aspect of policing, suppresses the dirty work and violent aspects, and promises a new police-public dynamic" ... pg. 13 - there cannot be any such thing as real community based policing - professional era - police and politics linked - bribes - 1920s reform era - get rid of political influence of police - professionalism - police distance from public to cut down on corruption - 1980s community policing as a new approach - challenges - globalize crime and international law enforcement pressures - increasing demands for accountability - aging and heterogeneous population ... includes the police i.e. recruitment, duties, society - reduced resources - looking more broadly to partnerships - shift to private policing - opportunities - new approaches to leadership and training i.e. who should be chief of police ? in-house or outside businessperson - new partnerships i.e. Big 5 - police, politicians, media, business, public ... but who is making the decisions and who are prioritizing ? usually still the police - new policies/strategies - goals - new policing services for the new era and new citizens - the idea behind community policing is that the daily work of the police officer is to be preventing and solving problems in areas that require assistance - usually, this gets translated into keeping things the same and buying a few more bikes and having barbeques - but restructuring of the police department is necessary - requires a change in management structure ... maintain a dialogue with communities ... but often this a very one sided dialogue - rhetoric v. actual implementation i.e. Edmonton - zone-policing storefronts – identifying troubled areas - but still not able to receive actual calls and make operational decisions - suppose to be breaking down the hierarchy and make more decentralized decisions - idea of partnerships ... police could not be solely responsible for law and order ... community involvement i.e. referral agencies to find treatment/housing/back-up - broken windows - symbolism that when one window broken, if not fixed leads to degradation of area - cracking down on minor disorder as a way to reduce crime - order maintenance policy - focus on making the problem go away before it became ingrained - not treat little disorderly things as unimportant ... this is what created the crime areas - rebuttal - can sound like gentle community policing - but hard edge - sweeps and clean ups and saturated policing i.e. what happened in New York City ... did it work ? reduced amount of statically crime in NY - demographics changing wrt reduced number of young men - changing drug use from crack to heroin - better economic conditions - computerized tracking system that sped up police response - shift in adolescent behaviour - increase in the number of police officers - other US cities had reduction in crime, but no similar policy i.e. San Diego, San Francisco, LA, Houston, Dallas - NY City used as the prime example of fixing broken windows - crackdown on quality of life offences (minor offences) - lead to a dramatic reduction in crime - BUT - significant racial consequences as Blacks targeted i.e. stop and frisk, more arrests and charges - majority of arrests for misdemeanor drugs offences - self-reinforcing - Manning - meaningless other than provides for a generic surrogate name for police reform - a presentational strategy designed to legitimate the police mandate - inherent contradictions: 1. as customer oriented but this is not a full definition for police 2. promises "co-production" with neighbors, but police retain control over decisions and service 3. despite emphasizing community integration, used to rationalize street sweeps, harassing youths, drug crackdowns and other "preventative" measures 4. community/neighborhood artificially defined 5. promises area based policing, but union contracts obviate this continuity 6. promises coordination, but dispatchers continue a division of labour between special response teams and the beat officer 7. symbolized as the first priority of the department, but officers are given no special training, rewards, promotional opportunities 8. no time allocated to problem solving and working with the community 9. officers left to create strategies for serving the public and handling their calls Innocence Project (a) direct error = noble cause - means to an end/process corruption - police - framing, deliberate perjury, second notebook to fit facts (b) less direct error - stereotypes, assumptions - not malicious - in operation wrt investigations i.e. a heinous crime committed (public pressure to solve) + unpopular accused (race, prior police contact) + frail evidence i.e. Marshall an aboriginal teenager i.e. Milgaard a drug-using teen hippie i.e. Morin cast in the role of an outsider - cumulative effect results in 9-23% wrongful convictions - from different actors … police, Crown, defence, judge - other effects/impacts - failure to investigate - acquitted but wrongfully prosecuted - informants - trade off for efficiency and corruption - narcotics - citizen not likely to be aware of such dealings - heavy penalties mean addicts are likely to cooperate - police receive info, informer gets some sort of break - Morin - miscarriages of justice from self-serving evidence - US - use of informers to get confessions - strong motivation to lie - high degree of recidivism - these people have also been charged with crimes ... credibility - huge instances of perjury and false statements - pressure by officers to become informers The Wrong Man - Hurricane Carter - spent 19 years - sentenced to 3 life sentences for a triple murder - 1960s contender for boxing championship - June 1966 - all white victims shot in a bar - witnesses said suspects were 2 tall fair-black men - Carter and Artis picked up and brought in that night before one of the victims who was in the hospital … victim said that they were not the men - 4 months later picked up again based on the evidence of two “eyewitness” - in May convicted and sentenced to three life sentences … jury rejected the death penalty - Bellow, one of the witnesses claimed that he was pressured by the police to testify and point out Carter … judge fails to consider this recantation - viewed as a black victim of white American justice - 1976 tape recording of original police evidence showed the police using pressure and promising leniency on the “eyewitness” … new trial ordered - released in 1976 after a new trial - during the trial, new lie detector test showed that Bellow told the truth the first time … judge believed this as proof of Bellow’s honesty and found that he had been influenced by the celebrity attention/publicity - prosecution provided a motive … racial revenge for the death of a black man by a white man earlier that evening - 9 hours later the jury convicts - the defence later find out that the lie detector test was distorted and argued that the prosecution had concealed evidence … rejected on appeal - 1980 letter from a 15 year old boy - boy started a friendship with a group of Canadian lawyers in 1979 who took him in and taught him to read and write so that he could become a lawyer - they call start to visit Carter and become friends - Artis released in 1981 because had received a lighter sentence - 1982 appeal rejected - Canadians started an investigation and three moved to New Jersey - took the case to the federal court and filed for a habeas corpus to fight the case on constitutional grounds, but had to end all other appeals - Nov. 7, 1985 the judge ruled that evidence had been upheld and that Carter was innocent Corruption (1) personal/greed/theft - meat eaters - benefit directly - more aggressive i.e. extortion, theft - these cops are obviously corrupt and criminal - grass eaters - take things for granted - have a sense of privilege and entitlement i.e. free coffee and lunches - these expectations are corrupt - KNAPP commission - NYPD - corruption throughout the entire system - those who do nothing are also corrupt - would take a fixed % from gambling operations (2) conviction based noble cause corruption - the end justifies the means - once an arrest has been made, police conclusion that "they have their man" ... which then justifies the production and distortion of evidence to achieve a conviction i.e. perjury, planting evidence, assaults/pressure, tampering of evidence, pressure on witnesses i.e. suspects have too many procedural rights ... frustration with the system - Innocence Project - Woods Commission - Australia’s New South Whales Police - concept of noble cause corruption i.e. we know he is guilty, so it does not matter that we commit perjury, re-write notebooks … the end justifies the means - but is this really for the sake of justice ? i.e. Bernardo - each individual police department wanted to solve the case for themselves to get the credit - not a few rotten apples to be remedied with better recruitment and training, but a structural problem - supervisors have turned a blind eye to these practices - poor internal investigation practices - 1994 Mollen Commission - NYPD Special Drug Unit - in the past, concerned with bribery, now violence, dugs, re-writing notebooks - "today's corrupt cop is often criminal" - typically committed by groups - Doyd - meat eater - stole money from drug dealers, and eventually stole the drugs itself - in effect, operating as an organized crime unit - used intimidation and violence - but not yet to the point of being systemic ... did not reach up into the higher levels of the organization - supervision sparse and ineffective - police culture - code of silence ... group loyalty, pride, shared experiences - those who violate the code of silence often face severe consequences - us v. them ... taught in the academy and reinforced on the job - Martin - police misconduct is not a new phenomenon = wide range of police behaviour, ranging from overt acts of violence and abuse of authority, to more hidden, systemic abuses - not the result of a few bad apples, rather systemic i.e. systemic biases about race, class, gender ... selective enforcement - use the law to suit their own needs … "convict at all costs" - Parkdale - provide legal services to low-income residents - law reform - organizing - inadequacy of police response to sexual assault and harassment of vulnerable women - tendency to associate black with criminality - casework - conflicts removed from context - settlements stop the issues from being discussed - does not result in structural change - community organizing and education (3) non-conviction based noble corruption - police say things that seem to speak to getting more resources and power i.e. bikers - target them and stop them - but is this valid and accurate ? or self-serving ? Media Compilation of Examples of Police Corruption - theft by police of informants - theft of police of suspects - bribery - drug trafficking - planting evidence - rewriting notebooks - beating the homeless - racial harassment Why do we Have Corruption ? - Goldstein - moral issues + wide discretion - the lessons in futility offered by the courts and what is often seen to be too lenient sentences, and the perceived need to bend certain rules in order to get results … leads to police cynicism - unenforceable laws … drug laws as breeding corruption - the financial incentives afforded by organized criminals … how much money is available to supplement low salaries - but in Canada the salaries, pensions, benefits are good - yet look at how much money is available Video - Bad Cops (US) - 360,000 police officers - there is a percentage of cops who do not play by the rules - Philadelphia - money from drug operations - Five Squad - function was to steal money and lock up drug dealers - the first time accepting the money is the hardest - causes ? - money to buy family an easier life and to keep wife happy - peer pressure to be accepted as one of the guys - various hiding places to store the money - lead to the use of alcohol and drugs, and its abuse - justifications - okay, because court will give the money back to the dealers - drug dealers have no worth in society - snitching can be fatal i.e. “accidentally” shot on the job - lie, false search warrants, use intimidation by threatening wife and children - corruption through the whole squad i.e. drink and play cards - it was one of the unhappy wives of the Five Squad that brought them down - invitational edge of corruption when the officer can sense most strongly the temptation with a little interference from the organization rules, control, and supervisions - you will be invited to be corrupt - after the first time, it gets easier to rationalize - change to achieve police accountability (a) informal police culture - critical realism - working at all levels within the organization (b) tightening the rules, add surveillance reduce discretion - surveillance (i) setting the police up through internal undercover activities (ii) cameras in cars - but the police culture will always find ways around this - CIPRA - emphasis on viable citizen review wrt police accountability - citizens as not being under the control and influence of the police - achieved in the 1980s but undermined by Harris i.e. Landowe - civilian review mechanisms have a practical and symbolic role i.e. holding the police accountable i.e. the police are not a law onto themselves - police need to be untouchable, militaristic, unions - Martin - the power the police bring to a court situation i.e. guilty party apprehended, public support for more manpower - commended and rewarded for lying, until something goes wrong i.e. praised for good policing and expert testimony i.e. a degree of misconduct is tolerated, and even expected, to fulfil their mandate * what appears to be visible is really invisible * what we are told is shaped by the police … they are the first on the scene of a crime, the define, package, and present the facts … this is then portrayed through the media - Erickson - idea of law really being unmalliable - black letter of the law becomes different though operation i.e. the law becomes the justification to put things in order - 90% or work is not spent on crime - most cases involve order maintenance - patrol the facts … transform complicated issues into legal discourse - Thompson - increasing use of the media by the police to manage the message - police PR person/body to interact with the media … but this gives the police power to manufacture public opinion - packaging the police position and the public opinion/consensus - but may also be beneficial in allowing the police to maintain control of their investigations and not be influenced by the media Why do People not come forward ? What happens when you try to go after a corrupt officer ? - the good cops really do dislike the bad cops - the founder of the Knapp Commission was a good cop - but those cops who snitch are in danger from their colleagues - perhaps we need protection for these people - Martin - head of Crime Commission In Pennsylvania going after the AG for fraud - speaking about political corruption but this also applies to police corruption - able to shift the investigation away from them self and persuade others - it becomes hard to fight against this i.e. TO cops trying to develop internal organizations to investigate drug scandal - going after someone powerful will have a devastating impact on you Zackerelli - Era of Intelligence led Policing (1) requires a consistent and high priority given to the work of analysis - the hiring of good civilians to go through police data and make “intelligence” out of it - but, this is not visible - it is only as good as the info provided by the police (2) requires that management demands collaboration and info sharing across police jurisdictions i.e. Bernardo - who gets the credit, resources (3) requires a system of rewards that recognize the sharing of intelligence and the sharing of the glory at the end of a successfully considered case v. rewarding the “big bust” (4) requires an openness to debate and a willingness to be challenged - an elimination of a tolerance for the unsubstantiated “evil myths” i.e. police allowed to make/manufacture a moral panic (not necessarily conscious and contrived) A critical factor is the tolerance for any of the diverse forms of corruption by senior management within a force: (1) the stealing/greed form of corruption requires bifurcated accountability mechanisms and adequate degrees of surveillance i.e. bifurcated - someone to check on the person doing the checking i.e. surveillance - undercover operations against own officers (2) the noble cause conviction - motivated corruption requires clear policies and insistence on adherence to the procedures + real protection for whistle blowers (3) the corruption that entails myth-making and fraudulent manufacture of threats requires a police force that is open to debates, discussion and a willingness to be challenged on some of the taken for granted assumptions that may drive policing priorities - v. secret meetings and providing info to the public Conversely one ought to predict that the result will be inappropriate policies and corruption (1) if policing remains influenced by the desire for media coverage (2) if the police are allowed to define the extent and nature of the threat (3) if the police are allowed to operate in an environment devoid of scrutiny (A) Politics and the Police - how independent are the police ? - what is the relationship between the police and political factors ? (1) automaton - the police are the arm of the state i.e. Quinney - the police are enforcing the laws of the state - preserve the status quo of the state - at the beck and call of political masters (2) totally independent - police chief reports to a Board - politicians have no say in the operations of the police (3) pawns/scapegoats - the police are blamed when things go wrong i.e. crime, unrest (4) degree of independence - what are the links between automaton and total independence - control over police/RCMP - not from department of the Solicitor General - from the Treasury Board - the dominant voice in okaying submissions to cabinet for money - money dictates police priorities - who is paying the bill and who is making the decisions - policing is a resource dependent organization - dependent on political masters - the police chief is now hired on contract by the Board and given a mandate, which directs activities - politics has always played a role in policing - the reason for its creation was because the police allowed the state to meet its policy objectives i.e. RCMP - needed to mark sovereignty - 1873 formed by the federal government as a temporary force to ensure peaceful and Canadian settlement in the north west - 1868 Dominion Police formed to protect Parliament and begin to gather intelligence on insurgent groups i.e. 1880s to repress rebellions - CD Robinson - independence of police like a mask to be slipped on and off as needed - politicians can have it both ways - Manning - police operate in a public-political arena - mandate defined by politics - Stenning - Boards have shifted political control from municipalities * funding * make up of Boards/Commissions * policy initiatives i.e. family violence funding The police have played prominent roles in furthering government policies in Toronto: - maintenance of order and control of crime - imposition of temperance and prohibition - assertion of sovereignty - assurance of national security (taken away from CSIS) - administration and regulation of government business and statutes - provision of services to the public High profile cases that have brought controversy wrt political involvement in operations: - APEX - Stenning - Hughes inquiry into whether the RCMP took orders from Ottawa - but maybe the real question should be whether it is wrong for the RCMP to take orders from Ottawa - Edwards - documentation wrt Ipperwash that Harris said to clean out the park - but there has never been an inquiry - Parliament Hill - accusation that the government ordered the police to remove protestors (B) Politics and Unions - Video: Craig Bromell - a thug-like rhetoric he is prepared to use publicly - the leader of Toronto’s largest police union - operation True Blue - fund raising scheme - money used to silence critics ? i.e. violence, threats, private investigations - as constable, spearheaded the police protest wrt strict legislation on criteria for drawing guns - use of intimidation - mission is to serve and protect the men and women of the police force i.e. threatened an unlawful strike if they did not get their contract demands - belonged to 51 Division as constable for 15 years - August 1996 accused of taking a drifter, who had broken an officer’s arm during a scuffle, to Cherry Beach and beating him up along with nine other officers … but not enough direct evidence for a conviction - 1996 ran for president of the union … used August 1996 incident to boost his platform - demanded loyalty from union members - SIU - civilian watchdog over the police - could not get anyone to cooperate, all the officers were claiming PTSD - Sept 1999 investigation at 51 Division - officer drew gun and fired at a man in a car who refused to stop driving forward - cleared off any wrongdoing - Bromell - accountability and SIU a bad thing - police silence and the need to stick together - LA Police Chief advice - take down a politician to gain respect - has contributed to political campaigns i.e. supported Harris’ “tough law and order” agenda - has hired private investigators to get enemies - has 30 lawyers Accountability and the Police Factors that undermine the ability of the any external group to affectively “oversee” policing: 1. civilian review regimes under attack in many jurisdictions 2. aggressive police unions who effectively resist investigation – internal and external – into the activities of officers following serious incidents 3. government complicity of resisting open and critical law enforcement debates 4. enhanced police powers and broad immunity from prosecution 5. media and Hollywood as acknowledged partners in the post September 11 US propaganda industry ... rather than an independent means of accountability 6. expropriation of US style policing – emphasis on undercover work, “reverse stings”, and an increase in multi-jurisdictional cases … takes accountability of any one jurisdiction - none of these deals with the increasing heterogeneity and increasing gap between haves and have-nots, which makes accountability even more necessary Types of Civilian Oversight (1) in-house model - responsibility of recording police complaints, conducting investigations and determining disciplinary action, is totally controlled by the police - popular within police community - no civilian oversight (2) externality supervised in-house - investigation / adjudication of police complaint is controlled by police - but at the end, the cases can be reviewed by an external body to ensure fair treatment - external civilian agency can recommend further investigation and further disciplinary action - but final say remains with the police (3) police investigation + independent adjudication - recording and investigation of complaints conducted by police - at the end, the adjudication/decision is conducted by an outside civilian body (4) independent investigation + police adjudication - investigation conducted by civilian oversight body who reports back to chief of police with their recommendations - disciplinary decisions made by the police (5) independent model - SIU - the entire complaint process including the investigation and the adjudication is conducted by the civilian body - the police have no power to overturn these decisions Evaluation Research - number of reported complaints against the police increase after the implementation of civilian review mechanism - trend analysis indicates that this increase declines significantly over time … levels off - why … novelty ? cleans up the backlog of complaints ? OR the civilian review mechanism may act as a deterrent to police misconduct ? - very few complaints against the police end up being substantiated - tend not to be more substantiated under the civilian review system – police still are usually in control of the investigation (except in the independent model) i.e. time, loss of evidence, credibility of police against the citizen - vast majority of complaints are dissatisfied – main complaint is that the role of the police in the actual investigations of the complaints … more satisfaction when cases are received through informal mediation, which leads to less distrust of the system - police are dissatisfied with any form of complaint process – fear that promotion will be affected - police advocates argue that civilian oversight will affect police morale – and have a negative impact on proactive policing efforts – no empirical evidence to support this i.e. Scott Wortley i.e. FIDO slang - some limited case studies that suggest that given sufficient resources and an appropriate mandate, civilian oversight can reduce police misconduct and increase public confidence - Wortley – “No research specifically questions whether civilian review can impact the relationship between the police and minorities” - Landan pg.77 - symbolism that a civilian review mechanism gives to the citizens … that the politics do care about them - if the government is prepared to weaken what was considered to a powerful mechanism, provides a negative message in terms of accountability Politics and Civilian Oversight in Ontario - Toronto was originally one of the first cities to have a civilian oversight - 1984 Office of the Public Complaints Commission (PCC) - 1990 jurisdiction expanded to include all police forces in Ontario … name change … Type 3 - could register complaints against the police - monitored police investigations into complaints - could intervene in the investigation if they did not seem to be progressing - could review decisions made by Chief of Police - Harris abolished PCC and replaced it with OCCOPS - reduced its powers … less of an active role in the – only involved when the complainants is dissatisfied with the police decision - similar to the RCMP Public Complaints review mechanism - 1992 OCC - 4100 complaints - 1998 OCCOPS - 2538 - why - new system deters citizens from filing complaints - fear of a more internal system - less confidence - less misconduct - more pessimistic - over avenues such as law suits to hold the police civilly liable SIU – Special Investigations Unit - established in 1990 under the Police Services Act - does NOT deal with police discipline - mandate to investigate the circumstances whereby a citizen comes to serious injury or death as the result of police behavior - investigative agency - independent model … civilian review body i.e. director cannot be a serving or former police officers i.e. investigators cannot be serving police officers i.e. cannot participate in investigations involving members/force of which he was a member - balance between the need to protect citizens and protect officers - charge laying function - reasonable grounds standard - use of the word “shall” implies that the director has no discretion - CC ss.25-26 … requires balancing and determining what is “reasonable” - Golub - Ont. CA - held that police officers are often required to make quick decisions on incomplete info - situation where there was an armed person involved in a serious incident … police had to make a decision on whether to storm premise … evidence at trial arguing that the police did not have reasonable grounds - balance the need to make quick decisions with the power to use deadly force - court reaffirmed the conviction - requires that members of the “police forces cooperate fully with other members of the unit in the conduct of investigations” - but does not say anything wrt - who is suppose to cooperate - how - when - what does “serious injury” mean ? - what about the time frame for police to report incidents to the SIU ? - what are the rights and obligations of “subject” officers and “witness” officers ? - what is the relationship between the SIU and police investigations ? - police discipline is a highly regulated process - a criminal proceedings model - hearing with witnesses and evidence - rights of appeal - no discipline until all appeals are exhausted - police officers have the same rights as suspects - police chief has different functions and goals than the line officers - Cdn Civil Liberties - complaint made to a police chief and he decided not to hold a hearing - this decision was reviewed by OCCOPS, and they agreed with the decision of the police chief - trial court and CA strongly disagreed - police have tried to get rid of the SIU a number of times i.e. lack of resources, not timely, unorganized - SIU is the group that stands out as the most independent Policing Of Vulnerable Groups - use of deadly force: - guns and shooting - physical violence - high speed pursuits - not generally thought of as a police use of force - but it is one of the unique powers of the police - high proportion of innocent victims - realization that in a country like Canada, no capital punishment … no crime that justifies a persons death (unless some sense of imminent danger) … so what is the offence committed that lead police to risk so many lives - what causes high speed pursuits ? - why can inquiries not eliminate this ? - policing is suppose to be an action job … real police work - the expectation of deference to police authority … if person flees, how dare they deny police authority + they must really be guilty (v. fear, stupidity) - biological adrenalin rush - psychological - typically, these people are guilty of stealing a car - should be hooked up to someone not engaged in the police pursuit, to command police as to when pursuit should be stopped - balance public safety with need to catch “criminals” Minorities - use of anecdotal evidence and statistics - Toronto Star - data might not be accurate - but debate about racial profiling is probably not inaccurate - collection of race/crime data - has always been an issue as to whether racial/ethnic crime data should be kept - police has been keeping such data … problems about categorization - pro - may uncover discrimination in the treatment of people within the CJS - may help to determine what kinds of programs or what kinds of personnel are needed to correct a faulty situation - if such findings are valid, may actually indicate whether there are groups who are doing a higher amount of the offending - may encourage the use of mechanisms outside of the formal CJS - cons - who collects it – data collected by the police cannot be used as an indication of levels of involvement in crime for various groups i.e. arrest rates do not reflect criminal activity i.e. depends on who the police are arresting - even using UCR data for race determination is naive and deceptive, because there are missing data issues (dark figure of crime may in fact be the white figure) - professionals (usually at the front end by police officers) in a position to collect this data often have an agenda for its use – media worthy and political worthy exploitation - how do you assign “race” or “ethnic” categories to people coming in contact with the law \ - may speak to “visibility” but nothing to do with life experience – length of time in Canada or any other relevant factors - who gets to share the data – if it is kept in house, it will be used for in house purposes – if it is shared more widely, it will be interpreted in an array of contradictory ways - pg. 13 Doob - misrepresentation - lose out on the large amount of crimes not committed by visible minorities - Martin - Steven Lewis - the issue is anti-black racism - inquires are a waste of time * one of the clearer statements that shootings, violence, high profile policing situations, anti- black racism is underlying all of this - seminar - behind race-crime statistics there was still the view of genetic explanations of crime by the police and media and those who used such data i.e. certain groups more inclined towards criminality - it might be easier to collect data on victims - no answer on how to design race and ethnicity, except to make such a process visible - at what stage of the CJS do we need such statistics ? - number of shootings involving a disproportionate number of blacks - Stenning looked at a variety of inquires - Toronto - Montreal – hypothesis of differential treatment alleged by minority groups is confirmed - Montreal – existence of a racist attitude within police departments … ignorance and lack of respect for blacks - there is a wealth of anecdotal information - but, if looking across the board and want reliable data documenting police discrimination, the research is not there Aboriginal Policing - overrepresentation of Aboriginals in provincial and federal detention - R v. Gladue - acknowledged that Aboriginal people were in prison in far to great numbers … need to be a way to stop the prisonization of Aboriginals - codified the fundamental principles of sentencing - when ever possible look for alternative means of justice for populations that have been discriminated against - especially to decrease the number of Aboriginals in prison - more towards restorative policing for Aboriginals - LaPrairie - overrepresentation of Aboriginals in correctional institutions - argues that there are many explanations: 1. differential treatment by the JS – Aboriginal people are being treated differently than non- Aboriginal people – racism 2. differential commission of offences – Aboriginals committing more crimes 3. differential offence patterns – Aboriginal people commit crimes that are more detectable – street visible and/or more violent 4. jail assigned in greater proportion to Aboriginal people, possibly the role of alcohol and inability to pay fines – more visible 5. differences in culture/response to a foreign CJS – sentencing system ineffective leading to longer probability of rehabilitation and higher rates of recidivism i.e. presentation of self in the court room (dress, eye contact, procedures) i.e. women went to Kingston 6. Aboriginals who commit offences are more readily identified and arrested 7. paternalistic attitude – we brought them into custody to get them out of the cold - abuse of women in federal prison for women - combined with poverty - since 1991 active engagement of federal government in tri-partite arrangements - endeavor to bring together the federal, provincial and Aboriginal community to try to determine the form of policing that the community wants … recognition that Aboriginals have a say - these agreements are frame work for the type of police services: - self administered policing mechanisms - autonomous - staffed primarily by Aboriginals - manage police services under prov jurisdiction - partnership - allows community to make additional changes in the future … gradual process - work with existing police - RCMP - own police trained by RCMP i.e. BC - majority of First Nations Policing Programs in place i.e. Nunavet - no First Nations i.e. Ontario - about 9 First Nations Programs - 1999 Manitoba inquiry - failings of the CJS on Aboriginals … Osbourne and Harper - recommendations: - need for Aboriginal policing mechanisms - strengthening employment equity programs to be representative - expansion of availability of cross-cultural training and experience - development of an effective body to hear police complaints Mentally Ill - defined as part of the dangerous classes - society has cut the number of services for people with mental problems since 1980s - in the US 7% jails are schizophrenic, paranoid … - about 30% currently held have mental health problems - both schizophrenic, repeated hospitalizations, colored - at the time of their death delusional - shot and killed by the police - Lester Donaldson - poor black man from Jamaica - known to police - history of substance abuse and violent attacks - police warned that he had serious mental problems and was violent - lived at Metro Housing - series of events where the police called in by building manager … five officers went into his room and there was an altercation wherein he ended up dead 1988 - inquest took 5 years - 100 days of hearings - Black Action Defence and Urban Alliance for Race Relations asked for standing to police fought discuss issues of race … denied … appealed … Urban Alliance given standing and tooth and nail could ask questions about multi-culturalism against these - issues over representation of the police officers and police board by the same lawyer proceedings … argued that this was a conflict of interest … taken to trial - became clear that the officers had lied under oath (that Donaldson had a knife) … Police Board decided not to investigate - conclusions - death by homicide - police never charged - issues of race never raised - called for examinations of how people with mental issues are treated by police, crisis intervention teams, more training, liaisons, investigations into use of force - today people with mental issues can be diverted to another court at police discretion - 1997 Boothby establishes Use of Force Committee - 1997 coroner says 90% of recommendations had been adopted … but people says that not even half of the recommendations met … city says this will cost money + not too many deaths in Toronto - but people with mental illness are the third largest group killed by police - Edmond U - middle-class Chinese family … supportive family - unknown to police - had been a medical student - some history of disruptive behavior at his rooming house - no tendency toward substance abuse - described as quite, withdrawn, and timid - at the time he was killed, had been homeless, living on the streets and off his medications … begun to take part in safe houses - was on a bus and started to beat on a woman on the bus … officers went onto the bus … took out a hammer and waved it above his head … shot - issue at inquest changes to focus … how to treat schizophrenia - in the US treatment programs where people forced to take medications v. right to decide not to take medications - at the same time a high profile sports caster stabbed to death by a schizophrenic - Brian’s law - changed the mental health act - under the old law, could only involuntary commit someone into an institution when an imminent danger to self or others - now where the police officer has reasonable grounds - instituted forced treatment orders when not incompetent Policing Of Gender - a systemically patriarchal society … despite all the advances in society in terms of mobbing towards equality and getting women into policing (max 16%) - low number of women - predominance of male culture - aggressiveness, strength, brawn - prefer to have (macho) men as back up - is bringing women into policing going to change policing ? i.e. reinforcement of police culture ? i.e. can only do good Jane Doe - men as rational, strong, sensible - women as irrational, untrustworthy in terms of putting on stand, weak - involving balcony rapist - lawsuit claiming police had conducted a negligent investigation - statutory duty to protect the public from danger - failed to protect the public because of discrimination - court - public duty rule … the police are responsible to the public as a whole and not to individuals unless “a special relationship of proximity between the police and the specific injured party” - Hill v. West - UK case - mother sued the police in a serial killer case and lost - not a close enough relationship between her daughter and police, because the rapist was going after all young or fairly young women in Yorkshire and Lancaster … what the police knew was not specific enough to tie it to daughter - rapist going after young, petite, blonde women in one specific area of the city … therefore a special relationship of proximity - police held liable for not warning - clearly did have a responsibility to warn women - knew characteristics of potential victims - also evidence that when Annex area warned, rapist not scared away - the fifth victim of rape in the area within one year - rapist caught - “gentleman” rapist because at the same time another (annex) rapist who was beating up on women … she just threatened to use knife - “balcony” rapist - the first victim was not believed because her boyfriend lived next door, and the police assumed the only way to get to her balcony was though the boyfriend’s balcony … she was lying to protect him - note: idea that the police draw a division between traditional good, clean women and others - the second victim appeared too calm, too relaxed … a bowl of potato chips on her bed that had not fallen over during the rape - Jane Doe inquiry acknowledges history of policing rapes - 1975 Police Report on Rape … something that required attention - a lot of falsely reported rapes … police thinking that women false report - statistic that of 907 reported, only 37.5 were confirmed … credibility ? - report went on to day that this does not deny police responsibility to investigate all rapes - cannot ignore that on occasion women do falsely accuse rape, but % unknown - 1983 Report on Task Force on Public Violence Against Women and Children - response to rapes in 1982 - recommended that the police should all be taught and understand rape trauma syndromes and rape mythology - recommended the creation of the position of the sexual assault coordinator … this was created … she argued that more needed to be done - rape myths in Jane Doe - women lie about rapes - women are not reliable witnesses - prone to exaggerate - report rape to get attention - amount of resistance a measure of credibility - at some level enjoy being raped, deserve to be raped - a sexual crime rather than a power crime Junger - 9 year veteran of police officer who had a relationship with a prostitute - opened up an escort service together - relationship broke up - she went to the police and told them of Junger’s involvement, that he used CIPIC to find out who were prostitutes to recruit - settled … he resigned and no criminal charges - police felt it “worth it to get rid of a bad cop” Whitehead - sergeant 23 years on the force - picks up Jane Doe and forces her to have sex with him or else would arrest her - she goes to the police - internal affairs set up and internal investigation - charged with sexual assault and extortion - Jane Doe wants to remain anonymous and police promise her - want Doe to drop criminal charges but would proceed under Police Act, she agrees, but changes her mind - police argue that she is uncooperative and a bad witness … made her a victim again … revealed her identity … changes her testimony without her knowing - she goes to the Globe and Mail - gets demoted but no formal criminal charges - Inquiry questioning these two cases - notion that these were throw away women … less credible and less worth of protection - BC inquiry into missing women … drug addicts, Aboriginals, prostitutes - the Vancouver police had done nothing Parkdale Community - street people at the mercy of the police … a whole series of strategies that are not legal - wrt community policing, how to identify priorities of a community when it is not homogeneous i.e. middle class people moving into the Parkdale area … the voice that could get the attention of the police … take action against the prostitutes - pressure put on Parkdale to defend throw away people - how to deal with this … decriminalization, legalization, red-light, re-criminalization - police misconduct … in addition to police corruption and violence - trickiness of police misconduct is its invisibility … more hidden - distinguish between the whore and Madonna - extortion for sexual services - “block busting” - clean out community - government response to spousal assault … turns into a criminal justice issue … something that the police are central to enforce … rather need social services and funding - symbolic importance of the federal government saying that we are declaring that this should always be considered a crime … police should always charge … BUT policing is a provincial responsibility … the government can work with the CAPC to determine policy … this is different from law - federal government has even less of an impact on how municipalities and provinces spend social services money … so maybe one of the ways for the government to reach, was through policing and the RCMP and CAPC - a time in Canada when there were calls for capital punishment ... government sure that if this went to a referendum that the people would vote yes … so instead created a package of initiatives to get tough on crime - MP laughed at the thought of women being victimized by spouses - Martin arguing that this in not a good enough answer … especially when reliant on abusive partner for support - police find themselves in a difficult situation where the have to charge despite victim’s wishes Organized Crime