1 SOCI3085 Lecture #6 1. 1. Course Administration in-class presentations! essays

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SOCI3085SOCI3085Lecture #6Lecture #6

1. 1. Course Administration

• in-class presentations! • essays

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2. 2. Organization of the Legal SystemOrganization of the Legal System

• a coordinated system, or individual ‘silos’?a coordinated system, or individual ‘silos’?• judicial, legislative, administrative and judicial, legislative, administrative and enforcement componentsenforcement components• the growth of the legal system, the the growth of the legal system, the “ “institutionalization” of dispute resolutioninstitutionalization” of dispute resolution• the specter of administrative lawthe specter of administrative law• the adversarial versus the inquisitorial systemthe adversarial versus the inquisitorial system

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3. 3. CourtsCourts

• principle function - dispute resolutionprinciple function - dispute resolution• types of disputes: types of disputes:

• notenote: courts process and ‘resolve’ disputes only: courts process and ‘resolve’ disputes only in a limited legal sense: they do not in a limited legal sense: they do not solve, or bring closure to a disputesolve, or bring closure to a dispute

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• organization of the courtsorganization of the courts- most common-law systems, a series of - most common-law systems, a series of superior, lower courtssuperior, lower courts- local variations at lower court level- local variations at lower court level- move to more efficient lower court processing- move to more efficient lower court processing through resort to use of justices of the peace, through resort to use of justices of the peace, Crown AttorneysCrown Attorneys

- e.g. : Canadian court system- e.g. : Canadian court system

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• participants in court processparticipants in court process(a) litigants: plaintiffs and defendants(a) litigants: plaintiffs and defendants

- ‘one-shotters’ versus ‘repeat players’- ‘one-shotters’ versus ‘repeat players’

(b) lawyers(b) lawyers- the Crown attorney as ‘representative of the- the Crown attorney as ‘representative of the will of the people’will of the people’

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- types of lawyers- types of lawyers (1) public interest representatives(1) public interest representatives (2) corporate/in-house(2) corporate/in-house (3) defense/trial lawyers (note functions (3) defense/trial lawyers (note functions such as intermediary, counsellor, advocate)such as intermediary, counsellor, advocate) (4) ‘hired guns’(4) ‘hired guns’

(c) judges(c) judges- in Canada, judges appointed provincially or - in Canada, judges appointed provincially or federally, NOT elected positionsfederally, NOT elected positions

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(d) juries(d) juries

- most common in common-law based systems- usually 12

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- issue: scientific jury selection- issue: scientific jury selection

- variants: shadow juries, simulated juries/mock- variants: shadow juries, simulated juries/mock trialstrials

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- concerns with scientific jury selection:- concerns with scientific jury selection:(1) bias in verdicts(1) bias in verdicts(2) ‘buying’ verdicts(2) ‘buying’ verdicts(3) state use of scientific techniques?(3) state use of scientific techniques?(4) public perception of justice system(4) public perception of justice system(5) ‘jury made’ law(5) ‘jury made’ law

- other issues:- other issues:

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4. 4. Litigation - Processes, IssuesLitigation - Processes, Issues

• celerity - swiftness of justicecelerity - swiftness of justice• bail - and the soaring remand countsbail - and the soaring remand counts• police investigation and identification of police investigation and identification of suspects - science or fiction? – suspects - science or fiction? – • plea-bargainingplea-bargaining• sentencing - discretion versus the ‘sentencingsentencing - discretion versus the ‘sentencing calculus’calculus’

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5. 5. LegislaturesLegislatures

• conflict management functions (e.g. Royalconflict management functions (e.g. Royal Commissions)Commissions)• integrative functions (support for judicial, integrative functions (support for judicial, executive functions)executive functions)• legitimization of laws, judiciary, enforcementlegitimization of laws, judiciary, enforcement• mechanism for changemechanism for change• participantsparticipants

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6. 6. Administrative AgenciesAdministrative Agencies

• a key element in a key element in social controlsocial control, in the enactment, in the enactment and management of legislationand management of legislation• notenote the pervasiveness of administrative control the pervasiveness of administrative control (Vago, p. 144)(Vago, p. 144)

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• administrative process:administrative process:-investigationinvestigation -rulemakingrulemaking - - adjudicationadjudication

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7. 7. Law Enforcement AgenciesLaw Enforcement Agencies

• in Canada, one Criminal Codein Canada, one Criminal Code• federal, provincial, municipal, First Nations, federal, provincial, municipal, First Nations, university/college, transportation,university/college, transportation, waterways, parks, CSIS, private/corporate, etc.waterways, parks, CSIS, private/corporate, etc.• about 21,000 sworn police officers in Ontarioabout 21,000 sworn police officers in Ontario

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8. 8. Canadian Court SystemCanadian Court System

• a formalized dispute resolution mechanisma formalized dispute resolution mechanism• a combination of ‘determination of the facts’ anda combination of ‘determination of the facts’ and ‘ ‘determination of the law’determination of the law’• burden of proof different for criminal as opposedburden of proof different for criminal as opposed to civil cases - ‘reasonable doubt’ versus to civil cases - ‘reasonable doubt’ versus ‘ ‘balance of probabilities’balance of probabilities’• trial courts versus appeal courtstrial courts versus appeal courts• the structure of the courts:the structure of the courts:

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• Supreme Court of CanadaSupreme Court of Canada- appeals from other federal, provincial courts- appeals from other federal, provincial courts- questions of constitutional, federal, provincial law- questions of constitutional, federal, provincial law- ‘leave to appeal’ in civil cases, or importance of- ‘leave to appeal’ in civil cases, or importance of matter in criminal casesmatter in criminal cases

• Provincial Court (Ontario Court, Prov. Division)Provincial Court (Ontario Court, Prov. Division)- provincially appointed judges- provincially appointed judges- small claims, family, youth, traffic, etc.- small claims, family, youth, traffic, etc.- preliminary step in criminal matters- preliminary step in criminal matters

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• Superior Court (Ontario Court, General Division)Superior Court (Ontario Court, General Division)- trial court (may also hear surrogate, probate - trial court (may also hear surrogate, probate matters)matters)- federally appointed judges- federally appointed judges

• Appeal Courts (Ontario Court of Appeal)Appeal Courts (Ontario Court of Appeal)

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• Civil LitigationCivil Litigation- writ of summonswrit of summons

- in Ontario, filing a ‘notice of action’- in Ontario, filing a ‘notice of action’

- response is to file an appearance, otherwise a - response is to file an appearance, otherwise a default judgment is issueddefault judgment is issued

- plaintiff issues statement of claim as the firstplaintiff issues statement of claim as the first step in the a series of pleadingsstep in the a series of pleadings

- defendant issues statement of defence- defendant issues statement of defence

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- demand for further information and - demand for further information and interrogatoriesinterrogatories- Chambers application- Chambers application

- discovery process- discovery process

- procedural delaysprocedural delays

- pretrial hearingpretrial hearing

- payment into courtpayment into court

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- trialtrial

- juryjury

- judgmentjudgment

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- damages- damages(1) special(1) special(2) general(2) general(3) specific (3) specific

performanceperformance(4) injunction(4) injunction(5) punitive (5) punitive

damagesdamages(6) declaratory (6) declaratory

judgmentjudgment

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- enforcementenforcement

(1) examination in aid of execution(1) examination in aid of execution(2) garnishment(2) garnishment(3) costs(3) costs(4) bankruptcy (4) bankruptcy (5) jail(5) jail

- small claims courts- small claims courts

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2. 2. Police OperationsPolice Operations

• policing in Canadapolicing in Canada about 75,000 (3/4 of these are sworn)about 75,000 (3/4 of these are sworn)

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3. 3. Police OrganizationPolice Organization

• paramilitary, bureaucratic paramilitary, bureaucratic • “ “professional” model of policing:professional” model of policing:• patrol function:patrol function: core role in policingcore role in policing socialization function (‘street time’)socialization function (‘street time’) generalist rolegeneralist role high public visibilityhigh public visibility

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• patrol activities:patrol activities:

• reactive/proactive elementsreactive/proactive elements

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4. 4. Patrol StrategiesPatrol Strategies

• incident-driven patrolincident-driven patrol post-1930’s developmentpost-1930’s development impact of the impact of the Kansas City Patrol ExperimentKansas City Patrol Experiment (Kelling et al, 1974)(Kelling et al, 1974)

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• directed patroldirected patrol reliance on ‘crime analysis’reliance on ‘crime analysis’

• management of demand patrolmanagement of demand patrol “ “differential response” modeldifferential response” model

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• foot/bike patrolfoot/bike patrol effective?effective? public relations value?public relations value? fear of crimefear of crime

• proactive/reactive patrolproactive/reactive patrol ‘ ‘constable generalists’constable generalists’ combined approachcombined approach ‘ ‘empowerment’ of officersempowerment’ of officers

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5. 5. Criminal InvestigationCriminal Investigation

• most crimes solved / suspects apprehended basedmost crimes solved / suspects apprehended based on information obtained by officer at the sceneon information obtained by officer at the scene

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6. 6. Recent Changes in PolicingRecent Changes in Policing

• problem-oriented policingproblem-oriented policing• community policingcommunity policing• First Nations policingFirst Nations policing• ‘ ‘intelligence-led’ policingintelligence-led’ policing• education & trainingeducation & training

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