SOCI-321 Lecture Notes - Lecture 8: Racial Profiling, Young Offenders Act
18 Jun 2018
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SOCI 321 – Chapter 8 – Police and Diversionary Measures
Police Contact and Decision-Making
Legal Factors Affecting Police Discretion
oCCC states that they may lay a charge, not that they must lay a charge
Police have a lot of discretion about whether they will lay a charge
oUnder YCJA, there are specific directions for police to deal with the young person other
than writing a charge
Children can be imposed with conditions that may become additional charges if
breached
Adults cannot have conditions imposed on them by police; must be by
the court
Alberta is at the forefront in Canada for youth justice committees
oThings that can influence them:
Seriousness of offence and prior arrest records affects likelihood of being
charged
Serious charge = More likely to arrest
Prior arrest records = Arrest (Even if there was never a conviction)
Prior Police Contact
Use of responsibility and remorse
Respect towards officers
Victim's Request and Preference
When police interview the victim, it influences the police in how they
proceed
Extralegal Factors Affecting Police Discretion
oRace
Issue of whether there is disproportionate policing practices towards African
Canadians (in Toronto and Montreal)
Racial profiling (more or less police surveillance based purely on
someone's race)
Carding (producing an ID upon request based on their race)
In the prairies, there are issues around African Canadians, but there are far
more issues experienced by Aboriginal people
More likely to be held in court and denied bail
Young aboriginal men 3x more likely to go to jail than to graduate high
school
Canadians are unable to truly investigate the allegations of minorities being
mistreated, because this data is not collected by police
Police cannot be held accountable without this data
oDemeanour and Race
oThe Evolution of the Racial Profiling Debate
oExplaining Disproportionate Minority Contact with Police
More contact with police has nothing to do with increases in more criminal
activity
Minority youth are far more likely to be engaged by the police than non-
minority (all other variables aside)
The very fact of being a minority increases chances of police interactions
oClass and Marginalization
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Soci 321 chapter 8 police and diversionary measures. Ccc states that they may lay a charge, not that they must lay a charge. Police have a lot of discretion about whether they will lay a charge: under ycja, there are specific directions for police to deal with the young person other than writing a charge. Children can be imposed with conditions that may become additional charges if breached. Adults cannot have conditions imposed on them by police; must be by the court. Alberta is at the forefront in canada for youth justice committees o. Seriousness of offence and prior arrest records affects likelihood of being charged. Prior arrest records = arrest (even if there was never a conviction) When police interview the victim, it influences the police in how they. Extralegal factors affecting police discretion proceed o. Issue of whether there is disproportionate policing practices towards african. Racial profiling (more or less police surveillance based purely on someone"s race)
