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45 Cards in this Set
- Front
- Back
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Extralegal Factors Affecting Police Discretion |
-Race -Demeanour - Disproportionate Minority Contact w Police - Class/Marginalization - Age&Gender -Family/ community -Police Dep. - |
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Most Important Legal Factors influencing police discretion |
Seriousness&Prior Record |
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Diversion |
Justice, Rehab - better than formal justice system |
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Police Options |
-Issue a Warning - Arrest - Question - Write up a report & release - Charge the youth suspect w an offence |
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Police Options (cont.) |
-Release youth w conditions -Referral of youth to diversionary program - Hold in detention for 24 hrs |
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Police Surveillance |
- disproportionate to that of adults - informal basis |
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Police Surveillance |
- disproportionate to that of adults - informal basis |
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Extralegal |
Outside of formal legal process |
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Legal Factors affecting Police Discretion |
- Seriousness is the offence & proof arrest records - Prior Police Contact -Prior Convictions - Breached Probation order - Rules or Criminal Code |
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Legal Factors affecting Police Discretion |
- Seriousness is the offence & proof arrest records - Prior Police Contact -Prior Convictions - Breached Probation order - Rules or Criminal Code |
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Disproportionate involvement |
Suggests that minority groups are more likely to be engaged in criminal activity |
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Legal Factors affecting Police Discretion |
- Seriousness is the offence & proof arrest records - Prior Police Contact -Prior Convictions - Breached Probation order - Rules or Criminal Code |
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Disproportionate involvement |
Suggests that minority groups are more likely to be engaged in criminal activity |
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Disproportionate Treatment |
Presence of discriminatory practice by justice system personnel |
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Legal Factors affecting Police Discretion |
- Seriousness is the offence & proof arrest records - Prior Police Contact -Prior Convictions - Breached Probation order - Rules or Criminal Code |
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Disproportionate involvement |
Suggests that minority groups are more likely to be engaged in criminal activity |
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Disproportionate Treatment |
Presence of discriminatory practice by justice system personnel |
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Class and Marginalization |
Poor suspects have higher arrest than youth from middle class Based on police perceptions |
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Legal Factors affecting Police Discretion |
- Seriousness is the offence & proof arrest records - Prior Police Contact -Prior Convictions - Breached Probation order - Rules or Criminal Code |
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Disproportionate involvement |
Suggests that minority groups are more likely to be engaged in criminal activity |
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Disproportionate Treatment |
Presence of discriminatory practice by justice system personnel |
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Class and Marginalization |
Poor suspects have higher arrest than youth from middle class Based on police perceptions |
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Age and Gender |
Older Boys are more likely to be charged and go to court than older girls. But younger girls are more likely to be charged and go to court than young boys |
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Legal Factors affecting Police Discretion |
- Seriousness is the offence & proof arrest records - Prior Police Contact -Prior Convictions - Breached Probation order - Rules or Criminal Code |
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Disproportionate involvement |
Suggests that minority groups are more likely to be engaged in criminal activity |
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Disproportionate Treatment |
Presence of discriminatory practice by justice system personnel |
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Class and Marginalization |
Poor suspects have higher arrest than youth from middle class Based on police perceptions |
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Age and Gender |
Older Boys are more likely to be charged and go to court than older girls. But younger girls are more likely to be charged and go to court than young boys |
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Why Diversionary Measures |
Stigma: Negative consequences being labeled as young offender Least Possible Interference: emerges as an idea that would decrease stigma |
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Why Diversionary Measures ? Pt2 |
Extrajudicial Measures: under YCJA, processing offender by means other than court. Extrajudicial Sanctions: mandatory actions ordered by the court. |
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Diversionary Programs |
Reconciliation, mediation, and restitution “ Meaningful consequences” |
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Diversionary Programs |
Reconciliation, mediation, and restitution “ Meaningful consequences” |
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Youth Justice Committees |
Give advice on extrajudicial Measures Facilitate reconciliation Coordinate Public info |
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Diversionary Programs |
Reconciliation, mediation, and restitution “ Meaningful consequences” |
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Youth Justice Committees |
Give advice on extrajudicial Measures Facilitate reconciliation Coordinate Public info |
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Diversionary Measures Issues |
Police Accountability Net Widening: to increase # in justice system |
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Diversionary Programs |
Reconciliation, mediation, and restitution “ Meaningful consequences” |
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Youth Justice Committees |
Give advice on extrajudicial Measures Facilitate reconciliation Coordinate Public info |
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Diversionary Measures Issues |
Police Accountability Net Widening: to increase # in justice system |
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NET WIDENING |
Based on police discretion thr extrajudicial Measures Warnings and cautions are formal in that there is a record kept by police agencies Bill C-10 |
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Diversionary Programs |
Reconciliation, mediation, and restitution “ Meaningful consequences” |
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Youth Justice Committees |
Give advice on extrajudicial Measures Facilitate reconciliation Coordinate Public info |
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Diversionary Measures Issues |
Police Accountability Net Widening: to increase # in justice system |
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NET WIDENING |
Based on police discretion thr extrajudicial Measures Warnings and cautions are formal in that there is a record kept by police agencies Bill C-10 |
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Problems with Mediation, reconciliation |
Business will not participate due to employee cost Some offenders have been sued in civil courts for these costs accrued by businesses Shaming offender |
