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Modes of surveilence: Orwells big brother: encompasing surveillence of the upper/middle class

Characteristics:
though police
insoc- language of control
always being watched
principal agent of surveielnce CENTRAL STATE GOVERNMENT - sole apparatus of surveilence
Michel Foucaults Panopticon design effect contemporary: Design : guard tower in center/rows flloors prison cells. the gaurd can see inside the cell the prisoner cannot see what the guard is looking it.
Effect: causes prisons to interalize and regualte thier own behvoir
contemporary: organization of power has been incorporated into military, hospital and school design.
Synoptism: surveilence of the a few by many - TMZ
the Rhizome (surveilant assemblage): raidcally decentralized
interconnected roots w/varying shoots.
characterized by an a collection of people or things (data doubles) as a functional entity.
example las vegas
presence of non state insititions in monitoring consumer behavoir
Data Double: render individuals desires and tastes into numerical and categorial consume rhabits.
broader political & economic context of surveillence and urban dangers: cities moving away from production/manufacturing base to service and tourism oreinted economy, pressure to make city center attractive and void of crime

large cities trying to distance them selves form pop culture represenations of citeis appearsing as places of danger where as suburbs awosme.
Entrepreneurial spaces: to attract middle upper class, alot of cities created entrepeurnal spaces that were prevously run by as public - ie Toronto - DT eatons center
SCP - Defensible Space Theory - Oscar numan: idea: people will never truely care about spaces they dont own, therefore, we should privitize them or make the appearnce of privitization
also allow through the perception of sucrity and natural survielnce.

places that allow maximum surveillance - (visable from street level) and places that deter hormeless people
Jane Jacobs - Natural Surveillance Movement: high rises inihibt natural practices of surveilence
encouraged illicit drug economies
want smaller sections street level, observable from homes.
surroundings should have sparce trees to facilatte line of sight
Routine activity theory: idea that most cirme is commited as part of peopels everyday lives (ie they are amateur criminals) who create crime through situational inducements - ie so reduce situational inducements.
Broken windows theory explanation and ramifications: signs of disorder will invite more disorder and mroe serious crime, visable in area of built envornment, if a acommunity allows borken window to remain unfixed its a signal that the community doesnt care.

police, criminoigsts have used this theory to get rid of unwanted people such as homeless, ie if they are allowed to inhabit it says something about their community
Broken Windows Laws: Ontario safe streeets act
BC safe streets
act
NYCL prohibited from sleeping near or in subways
SF rigorous enforcement of laws prhibiting prublic urination
what do police do?: regualte the law
serve and protect the population
keep soceit in order
provide surveillance - speeding, looking for trouble foot parole
visable presence
investiage throuhg interivews, crime scenes
answer to calls 911 and non emergency
school representatives
3 mandates of police work: crime control - arresting, investigation - only 25% of work

order maintainece - activites that might not break the alw but vioaltes peoples expecations of peace prosperty, group ourder - ie break up parties, large events

service to the general public
search for missing persons
act on information
also public relations appearances
Canadian Police Jurisdictions: constitutionally through the division of power dictates it is the legal responsiblity of provinces to provide law enforcmeent

provincial police - 24% of all police
only 3 provnices have thier own police force - OPP, Surete du quebec, Royal Newfoundland constuliarty
RCMP in the rest work as the provinical police force

Municipal force: 66% of all police
ex VPD

Advantages: specialized in the area

Federal Police: 8 % of all police.
RCMP reponsible for federal statues, security of foreign dicnitatires, airport security and executive orders
four features of a professional model of policing: rank structure - hierachical differentiation: you are always answerable to everyone aboove you

Functional differentiation: most jobs are organized to have specialized kind of task duty: foot patrol, car patrol, investiage certian types of crime.

Routinization of procedures: formalized policy manuals. Create police that are accountable for thier behavoir. ie electronic paper trail of what police are diong

centralization of command: where there are a number of detachments there is always centralized command structure
4 Styles of Policing: The Social Agent: invovles a style where officers are predominately interested in working w/community to solve problems that are not necessiarly legal in nature.

The watchman: primarily concerned with maintaing basic public order. police who adapt this type are not necesarily giong to intervene in private matters if theya re not affecting broader piblic order (ie criminal offences not effecting public order)

the Law enforcer: enforce all laws to the limits of thier authoirty - follow the letter of the law to the tee. (tickets given for all voilations)

the crime fighter: happens when officers are primarily concerned with protecting and apprehending criminals, criminals as evid doers.. look at policing as battle between good and evil. reject the idea that that police shoudl serve social service fucntion - old school model of police

CONFLICTS ARISE WHEN DIFFERENT STYLES WORK TOGETHER
4 Primary Influences of Police Work: Private citizens:
through thier expecations of how it should be done, studies of public opinion as consumer of polcie service ie what we want
1) how we exercise our influence varies- calling police for services is different for different SES neibourhoods.
2) private citizens also shape the police force becuase theya re responsible for elecitng government that appoints police advisory baords and cheifs.

Legislative Bodies:
federal governemnt makes laws that police enforce.
municipal and other goernments approve budgets that dictate the workdload that the police have.

Courts: impact what police can adn cannot do.
most notably search and siezures and invasions of privacy - ie what are allowed in a given condition
approve search warrents.
Blue Curtain:: divides police and public/legal profession.

1) police are the only real crime fighter- other agencies dont have the proper skill set or knowedge to properly combat crime

2)only police can understand thier work- lawyers academics etcs public have little undrstanding

3) Loyalty to the police is paramount - stick together, idea that every one else is out to make thier job difficult

4) rules have to be bent to beat crime - courts awarede soem offenders to many rgihts, concerned with protecting the cirminal not hte public, therefore ok to bend rules.

5) the public is unsupportive of police work- related to the fact that they do not undersatnd what iti is do to.

6) patrol work is the entry point of police - skipping this step means your not a real cop.
how many years does it take to full immerse your self in police culture: 7-10 years
Film Noir:: german art movment and politcal theory - enganging in real rigorous contemplations of german philosphy. a lot of noir is trying to figure out the connection between law, order, power, justice and morality.
forensic gaze: a new way to see, solve and understand crime- a new way to find evdience of it
Gaze: structured way of seeing the world - allows you to see certian things and ignore others. somethings come to the foreground and others go to the backround.
Film Noir time peroids: 1940-1950 classical period of noir: Ie Maltese Falcon

1970: Noir Revival: Chinatown

1980-Present: variation on noir theme: gone baby gone.
characteristic asthetic of noir: tilted camera angles, unusual lighitng, off scene composition, black/white grainy smokieness, cigarette smoking

origins of style:
in WW2 budget cutbacks
a reaction GRAND pictures of the 1930s
an attempt to be more simplistic in how plots are represented
Noir and LA: centering it in LA is an attempt to talk about crime but also political corruption, and aleination.

LA is a powerfull symbol of corruption- Hollywood celebrities greed
LA founded to through speculation, corruption and unholley allegencies between politicians and captilists.

REALY
HOLLYWOOD (LA in general) represent all excsses that come with industrialized capitalism.

in the stories, the detective falls into a web of larger political corruption. inheirently capitalistic scemes.

Noir plays with thesme of appearnce vs reality - ie Hollywood is fake
the Femme fatale: attractive women who is the object of the detectives desire

some element of mystery for the femme fetal (where does she stand in relation to good or evil.)

often useses her sexuality to frustruate or mistridct the detective

KEY - develoepd at a time whne womens roles in society were changing, referlected mens anxeity.

THEN

the detective sleeps with her, , danger, frustration and tension is resolved throught he act o sex- both physically and metaohorically penetrated her appearnce - reinfrocing the masculinity reprstned through the lead character.
Dirty Harty and the New \"COPS\": until now - no actuall police officers represented in films, cause they were not likable.
Dirty Harry changed all this.

Dirty Harry thinks that in order to protect soceity from criminals we have to bend the rules and break the law.

symbolic use of voilence and force an essential part of this new police officer.

throughout movie constantly complaining about how the law works to protect criminals.

conservative backlash tothe veitnal protests. (conservative reactionary commentary)
Reality Cops late 80s and early 90s: this was so new when it came out - watch police officer form their point of view
studies have shown by watchign the show formt he police officers angle
peopel more likley to approve the use of force.

ie dark
victims houses are represented as disorderd
victims speech is indistiguishable

low enforcment officers dont know the peopel they are investigating.
Rule of LAw: basic tenant of liberal democracy, eveyrone is subjeect to the law - on one is above th ealw. this is poltiicsed when it come to polcie becuae they are priamrily reslonsible for enforicnig the law
examples of police misconduct: high level forms of corruption: denial of civil rights, engagement in criminal enterprise, receiving bribes

low level - small favours.
two kinds of polie misconduct: occupatitional deviancy: criminal or non criminal behavoir commitment during the dure of normal work actitieis - -like drinking and driving on the job

Abuse of authority: use of coersion when interacting w/ citizens

example:verbal abuse, deceit, promises, threats, derogatory langauge, physical coercion, non lethal coersion, lethal coercion

Example:

Stanley Park 6 when 6 police officers were conviced of 18 accounts of assult. for picking up 3 suspects driving them into stanley park and beating the shit out of them.
Section 25: as much force as necessary in the administartion of alw if he acts on \"reasonable grounds\"

what are reasonable grounds?
use of force requirements: originally police were allowed to use force if they were in the persuit of a fellon, no they are only allowed to use it if the suspect presents danger to the police or other citizens `
Internal accountability mechanisms (police): Encourage Turn over

based ont he idea that corruptio/miscondcut can occur if police officers are allowed to stay in the same place for too long

New Modes of Supervision

indtroduction of techology that require officers to account more extensively for thier daily activties, varying adn existing change of commands - account to superior but report to more than one

Internal Policing strategies

encouraging officer to report any miscondcut practiced by other officers. the addiction of internal investigation shit.

Eliminating Corrupting Practices

regulate more stricley giving money away to CI\'s
External Mechanisms of Accountability (Police: Commissions of Inquiry

can be organized at any level of police - municpal, provincial, or federal

Usually an issue requires public concern fo the governemnt to create a commision of inquiry.

example. Maher Arar, canadian citizen, suspected terrorist was shipped (with the canadain police\'s knowedge) to a country where torture was legal.

from thse some recomendations are advised but not strickly legally binding.

Political representatives decide if a commision of inquiry is needed

Citizen Oversight Boareds

top rank of force respond to complains and concerns about managment and legallity

5 people appointed based on community service record

Mayor is chair.

Civil Liability Lawsuit

hold indiviudal and entire police departments accountable for thier miscondcut - ie rape victims sued TPD because htey failed to warn them
Police and Crowd Control Marx\'s Thesis: police are gradually turning towards negotaited managment styles of responding to roits. rather tht combing up wiht an iron fists.
Negotiated Management: new operating principle of handling roits and protests, works to avoid violence by emphasizing peace keeping. Rather than enforcing the law as strickly as possible, a more adaptive approach

meaning:

Formalized negotiation between the police and protest organizers
3 Primary Strategies of Negotiated Management: 1) under enforcment of law - rather than punshing each dubie

2) serach to negotiate - police officer in princopel try to create some kind of rapport with protets - ie find the leaders in the protest

3) large scale collection of information: based on the iea that if police have enough knowdge about protests (cause, demands, tactics) they are better able to predcit and troubleshoot potential problems.
Counter Marxian Thesis on police and crowd control: these peopel argue that it is getting more voilent as wide spread media attention raises the stakes for both protesters and police.
Three primary functions of the criminal courts in Canada: 1) determine guilt/innocence
2) deal out proper sentence
3) monitor activties of other agencies in the criminal justice system make sure they dont infringe on the CCRF)
Federal court: tax cases
miliary/martial cases

arbiter: judge

can send to federal appeals court

federal appeals court can send it to the supreme court
Provincial Court: 3 court systems

Appelate court:

cases that have been appealed at lower levels w/in provincial system. (crown cannot appeal on question of fact, only a question of law, defence can appeal on both.

Supreme Court of British Columiba:

more criminal cases, more idictable offences felonies
tried by - judge, jury, or judge/jury.

Provinical courts (lowest court)

mostly minor infractions (summary offences) traffic voilations - Judge is the arbiter of fact.
Question of fact: judge or jury\'s interpretation of evidence, if the accused feels that jury wrongly interpeted the evidence, the accused can appeal on the jury, crown prosecutors cannot.
supreme court of canada: highest and most important court
most esteemed judges
only hears cases that are thought to have some legal importance
decide whether or not it will take the case
questions of law more than questions of fact. ie abortion law
Summary offence: arbiter - provinical judge
pre trail hearing - no
maximum prison sentence - 6 months (max 5,000 fine)
Indictable Offence: arbiter of guilt - judge, jury, or judge and jury

Preliminary hearings - yes

max prison sentence - life sentance limited at 25 yrs in Canada
hybrid offinces:: allows the crown to decide if the office is processed as an indicable or summary offence, cannot be both - ie drunk driving hiting somone vs not.
incidences/consequences.
Constituion Act 1982 CCRF (Canadain Charter of Rights and Freedoms): dicates a certian relationship between the state and the individual

guarantees rights to the individual that cannot be voilated unless under unusual circumstances

General Violations

R v. stinchcombe 1991- right to disclosure - crown collected evidence that exhonerated him, did not share it.

R v. Morgentaler 1988 - indvalidated constituional abortion law - on the basis that it voilated womens right to bodily integrity.
Section 1 definitions and cases: Definition:
â€œ[...] guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.â€

Air India Case

restricted right to public trial over national security concerns

R. Sharpe 2001

Infringe upon right to \"freedom,thought beleif and expression\" in child porn case cuase of child saftey

Rodriguez v British Columbia (1993)

laws banning assisted suicie - \"voilated equal right to life, liberity and the security of person\" court decided it was a reasonable limit under protecting life.

alot of interpretation in all of these constituional laws
Section 8 definitions and cases: â€œEveryone has the right to be secure against unreasonable search or seizureâ€

define unreasonable siezure

R v. M

drug bust in high schol locker
argued that should have an expecation of privacy
court argued that public places have diminished expecations of privacy

T v. Tessling
use of infraed cameras it was argued unreasonable voilation of righs
court ruled no

R v. Patrick
no substiting interest priacy in the garbabe - privacy abandon when garbage approaches the lot line.
Examples of police misconduct, two categories: High level forms of corruption: denial of civil rights, engagement in criminal enterprise, receiving bribes
Low level forms of ocrruption: small favours.
two kinds of police misconduct: Occupational deviancy

crminal or non criminal beahvoir commited on the job - driving drunk while working as a police

Abuse of authority:

coercion, verbal abuse, physical threats, phsyical voielnce against the common man.
Deadly use of force Section 25 CCRF Definition: as much force as necesary in the administration of law if he acts on \"reasonable grounds\"
Mcnaughton rule or section 16 of the canadian criminal code: england 1843- this guy did not have an adequate grasp on reality, no Mens Rhea

1) no person is criminally responsible for an act commited or an mossiion made whiel suffering from a mental disroder that rendered that person incapable of appreciating the nature and quality of thier actions.

keys

not all mental disorders can be used for this defence

cateogry based on legal rather than psycitaric definitions

Guilty until proven innocent in terms of NGRI
NGRI possible sentences: absolute discharge

conditional dischrage
relased upon certian prohbitionary stimulations (can not force people to take meds ie charter (bodily integrity)

Custody in a psychiatic facility
for indefinate period of time, possible freedom decided upon by a review board.
Welfare state: philosophy of government bodies which assumes it should play a primary roel in promotoing economic and social welling being
Penal Welfareism and the change in correctioanl practices: with a change to a welfare state ideology, they adapted a new model of punishment, one inherently rehabilitve, with more authoirty of officals to determine treamtnet and penality, empahsis on psycaitrsitsroel in expertise, allowed them more power to treat and diagnose criminality
Deinstitutionalization 1960-1970s: mass deporation of psyciatric facilities

review view hosptial went from:

4630 beds in 1950 to 256 beds in 2009

most pateints released ended up on the downtown east side.
Clinical history of psychopathy: DSM 2 1960
psychopathy listed as category, no explicit defining criteria

Dsm 3 1980
includsion of psychopathy and diagnositc criteria - critism for emphasizing too much on behavoiral traits not enough on interpersonal.
psychopaths have aspd but not all aspd are psychopaths.

DSM 3 R and DSM 4
not a distict diagnosis, but associted with anti-social personality disorder.
Robert Hare - PSYCHOPATHY CHECKLIST (REVISITED): diagnostic tool for psychopathy
developing a quicker tool which is troubling

for hare we can think of psychopaths two ways

Interpersonal Affective Traights: calousness, manipulativeness, lack of remorse

Behavoiral Traits: compulsive, impulsive and unstable lifestyles.

confluence of these two traits that make psychopathy a unique disorder.
Controversey over PCL: PCL is now being bought by prisons inorder to manage populations. ie what level of security, parole and so on.

worry that is is being used as a tool of wharehousing, over diagnosis of psychopathics.

also peopel who are using it are not as skilled or educted as the scale was inteded for.
sentencing 2 broad principle goals:: 1) Retributive goal: deserved infliction of harm on criminals, usually attracts the ire of public, it the sentence is too lenient.

2) Prevention of crime: these two principles can work together but also can be competing
4 philosophies of punishment: Deterrence:

ie minimum sentence.
general: punishing offenders to stop other offenders
specific: recidivism

Selective Incapacitation:

work by restricting freedom of those at highest risk of recdivism. (dangerous offenders legislation)(subpopulation: indefinate imprisonment)

Rehabiliation:

turn em into law abiding citizens

Justice

to restore the balance of order, punishment works to resetore this balance
sentence types: absolute discharge: they did the deed but completely free to go

Conditional discharge: provided to meet specific criteria like go to rehab (no criminal record

Probation: provide to meet specific criteria (more stringent:have a criminal
record)

Fines: unlike restitution, fine are always paid to the state

Restituion: fines paid to victims

Intermittent senences: if only one person in the family works may be hable to rock out his sentence on the weekend. Can only be used as a sentence of 90 days.

imprisonmnet: sentencing prisoner to a sertian amount of time in a carceral instituion.
canadian correctional systems general shitttt: Provinical correctional facilities:
150 in canada
contains people sentenced to two years less a day and pre trial populationjs
75% of admission to custory were in provinical custody facilties

Federal correctional systems: (53 facilites)
federal systems provide bulk of correcational programming - here where most serous offfenders are sent.
you have longer treatment and rehab time.
Security Levels in Canadian Prisons: Maximum Security:
inmate is likely to escape and would cause serous harm to soceity

Meduim Secuirty:
inmate is likely to escape but would not cause serous harm to soceity.
most common classifiaction of offenders
less administrative segregation than in max security

Minimum security

looks like a pretty normal building
inmate is unlikely to escape, and would not cause harm if he did
Pennsylvania System of imprisonment: quaker influence - itroduce more human and religous principle into treatment

emphasis on penance - active thoughtfull reflection on thier past behaovir and hwo they can chagne it in the future.

Prisoners isolated from eachother - facilitates penance, expected to spend time reading bible, reflecting on their actions
strickly forbidden to interact w/other inmates.

too expensive a model: 1 person per cell, few common areas.
Auburn System: congegate system - shae cells, daily activites

reform through hard work
19th and 20th century ideas associated with prostitant industriousness (through hard work will beecome law abiding citizens
also manual labour outside the prison, change gange, factory floors, etc.

prototype for todays prisons.

more economically viable because people can house together

common spaces for prisoner to interact also exists
early correctional practices in canada: Kingston penetentiary opened in 1834 - first in canada (auburn system)

characterized by harsh conditions, arbitrary forms of discipline(solitary confinement etc), masssive inmate health problems, malnutrition, pnemonia....lots of preventable death
in most prisons today, medical facilities are advanced enough to ensure that inmates are not discirmianted against int erm of health.

early 20th century: introduction of more rigorous classification systems for correctioanl programs.

no security clasification in early systems, now: should not house extremely voilent offenders with non voilent ones, as they were more likely to commit crimes when they get out (if they surivie)
Medical Model 1950 to 1970s general.: criminality likened to a certian kind of illness

needed to cure inmates of problematic behavoir:

becuase each in mate has acquired an illness, it is imperative each pateint receives indiviudal treamtents based on specific needs.

beahvoir therapy: award good behavoir, punish bad beahvoir, drug therapies, sensorty deprivation, aversion therapy, psychoanalytical techniques

prison officals had alot of authority in shapes time os treatments individuals get.

Punishment is shaped by the indiviudal act not the actor: disctinction between classfical and biological theories.

treatment is more effective on better prison conditions.
left and right critics of the medical model: lefitist critic

treated people like objects, extremely dehumanizing versions of aversion therapy.

Right critic

creating too cozy of an environment for em.
Prisoners Object/Subject Confusion: objective of these treatments - innate objects that lack human charactersitics. they are souly named by numberes dehumanized. denied human agency

Subject of the treatments: underlying principle is for peopel to transform thier own behavoir. to interalize all these different ideas to whichi tye are being subject.

a big argument in dougats book these styles of punishment are always treating the prisoner as both an object and a subject, denied agency yet expected to have it at the same time - characteresitics of the medial model of imprisonment.
\"Opportunities\" Era of incarceration -: work on specific needs and risks so they will not be engaging in criminal behavoir once they are living in the community

help make responsible choices amoung opportunites when presented.

3 main programs:
life/living skills, vocational training,
educational programs.
restorrative justice movment: change in the way we react to crime. move away retributive justice and towards more community oreinted models of sentencing and restoration

looks to restore the balance upset of crime by:

sentencing circles
healing circles
victim/offenders tribunals/mediation.

neccesary to work with the victim and offender. offender = core of the problem, cannot deal with vicitms alon in society.

Punishing people for the sake of punishment does not make any sence.

see the offender as a person not a cirminal

holistic approach: changes not just the attitudes but emtional, physical and spirtiaul well being
Healing circle: sacred circle in the objibuay culture - respresents culture of life, medicine, where eveyrone is equal
CHCH prgroam for sex offenders in the ojibe culture: responsiblity is key, quit deneying

gain respect and trust

those who wanted to heal gained respect. those who remained in denial could not remain in the community

sentencing cirlce: decide how one can heal, offenders not demonlized.

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Deck Info

Number of cards 76

Created By tbelshei