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Author: John W. Burchill
Publisher: UBC Press
ISBN: 0774871083
Category : Political Science
Languages : en
Pages : 280
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Book Description
Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. At the same time, Canadian courts have handed police many powers to stop, search, and otherwise investigate people in the pursuit of public safety and crime prevention. Ancillary Police Powers in Canada explains what these common-law police powers are; how they came to be; and, crucially, what the potential dangers are in their expanding scope. What is the difference between police duty and lawful authority? Should the Supreme Court rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future of judge-made police powers. The authors bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty.
Author: University of Alberta. Centre for Constitutional Studies
Publisher: University of Toronto Press
ISBN: 9780802073624
Category : Political Science
Languages : en
Pages : 384
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Book Description
The television spectacles of Oka and the Rodney King affair served to focus public disaffection with the police, a disaffection that has been growing for several years. In Canada, confidence in the police is at an all-time low. At the same time crime rates continue to rise. Canada now has the dubious distinction of having the second highest crime rate in the Western world. How did this state of affairs come about? What do we want from our police? How do we achieve policing that is consistent with the Charter of Rights and Freedoms? The essays in this volume set out to explore these questions. In their introduction, the editors point out that constitutional order is tied to the exercise of power by law enforcement agencies, and that if relations between the police and civil society continue to erode, the exercise of force will rise - a dangerous prospect for democratic societies.
Author: John W. Burchill
Publisher: UBC Press
ISBN: 0774871083
Category : Political Science
Languages : en
Pages : 280
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Book Description
Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. At the same time, Canadian courts have handed police many powers to stop, search, and otherwise investigate people in the pursuit of public safety and crime prevention. Ancillary Police Powers in Canada explains what these common-law police powers are; how they came to be; and, crucially, what the potential dangers are in their expanding scope. What is the difference between police duty and lawful authority? Should the Supreme Court rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future of judge-made police powers. The authors bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty.
Author: Richard Jochelson
Publisher:
ISBN: 9781552666845
Category : Law
Languages : en
Pages : 124
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Book Description
In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.
Author: Leanne Weber
Publisher: Routledge
ISBN: 1317981146
Category : Social Science
Languages : en
Pages : 149
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Book Description
Police powers to stop, question and search people in public places, and the way these powers are exercised, is a contentious aspect of police-community relations, and a key issue for criminological and policing scholarship, and for public debate about liberty and security more generally. Whilst monitoring and controlling minority populations has always been a feature of police work, new fears, new ‘suspect populations’ and new powers intended to control them have arisen in the face of instability associated with rapid global change. This book synthesises and extends knowledge about stop and search practices across a range of jurisdictions and contexts. It explores the use of stop and search powers in relation to street crime, terrorism and unauthorised migration in Britain, North America, Europe, Australia, Africa, and Asia. The book covers little researched practices such as road-blocks and ID checking, and discusses issues such as fairness, effectiveness, equity and racial profiling. It provides a substantive and theoretical foundation for transnational and comparative research on police powers in a global context. This book was originally published as a special issue of Policing and Society.
Author: Christopher Gustavus Tiedeman
Publisher:
ISBN:
Category : Police power
Languages : en
Pages : 722
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Book Description
Author: Margaret E. Beare
Publisher: University of Toronto Press
ISBN: 1442691298
Category : Social Science
Languages : en
Pages : 495
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Book Description
Questions of police governance, accountability and independence have been subjected to thorough research before. That the issue still draws critical attention more than twenty years after the McDonald Commission of Inquiry into Certain Activities of the Royal Canadian Mounted Police suggests that understanding and a resolution to the issue still eludes us. Despite the modifications to police practice that the Charter of Rights and Freedoms has brought, there is still concern over the degree of independence the police exercise, and debate over where the line between legitimate government direction of the police and illegitimate political interference should be drawn. Police and Government Relations explores the question of police governance and independence from a number of different points of view. Editors Margaret E. Beare and Tonita Murray offer multi-disciplinary, comparative, and case-study methodologies written by scholars from law, political science, and criminology to illustrate the diversity of opinion that exists on the topic and to explore how the operating tension between police independence and democratic governance and accountability has played out, both in Canada and other countries. This book does not attempt to find final answers; its goal is to provide a framework for a continuing discussion that may lead to helpful and workable recommendations for the future. It serves as an academic and intellectual contribution to an important matter of public policy.
Author: Brian; Page Moorcroft (Howie; Reilly, Cecelia)
Publisher:
ISBN: 9781772555141
Category :
Languages : en
Pages :
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Book Description
Author: Mark Neocleous
Publisher: Verso Books
ISBN: 178873520X
Category : Political Science
Languages : en
Pages : 241
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Book Description
Putting police power into the centre of the picture of capitalism The ubiquitous nature and political attraction of the concept of order has to be understood in conjunction with the idea of police. Since its first publication, this book has been one of the most powerful and wide-ranging critiques of the police power. Neocleous argues for an expanded concept of police, able to account for the range of institutions through which policing takes place. These institutions are concerned not just with the maintenance and reproduction of order, but with its very fabrication, especially the fabrication of a social order founded on wage labour. By situating the police power in relation to both capital and the state and at the heart of the politics of security, the book opens up into an understanding of the ways in which the state administers civil society and fabricates order through law and the ideology of crime. The discretionary violence of the police on the street is thereby connected to the wider administrative powers of the state, and the thud of the truncheon to the dull compulsion of economic relations.
Author: Markus Dirk Dubber
Publisher: Stanford University Press
ISBN: 9780804753920
Category : Law
Languages : en
Pages : 332
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Book Description
This interdisciplinary and international volume provides a critical analysis of the power to police as a basic technology of modern government found in a vast array of sites of governance, including not only the state, but also the household, the factory, the military, and—most recently—the global realm of war, police actions, and peace keeping.
Author: David R. Eby
Publisher:
ISBN:
Category : Arrest
Languages : en
Pages :
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Book Description
