CRM3305 Quiz 1 Notes (2) PDF

**Liberal Descriptive/Legal Theories of Policing** **[Overview of Liberal Descriptive/Legal Theories]** - **Definition**: Liberal descriptive/legal theories analyze police practices to understand their role and relationship with the public, the state, and the law. - **Focus**: Emphasi...

**Liberal Descriptive/Legal Theories of Policing** **[Overview of Liberal Descriptive/Legal Theories]** - **Definition**: Liberal descriptive/legal theories analyze police practices to understand their role and relationship with the public, the state, and the law. - **Focus**: Emphasizes the improvement of policing while recognizing it as a necessary institution. **[Key Concepts]** **Why \"Liberal\"?** - **Rule of Law**: Emphasizes adherence to the law and the importance of equality before the law. - **Integral Framework**: Views police, private property, and the economic system as essential components of a liberal society, arguing for the necessity of police. **Why \"Descriptive\"?** - **Understanding Structures**: Aims to comprehend the structures and ideologies that shape policing. - **Empiricist Approach**: Grounded in observation and data collection, focusing on the analysis of policing practices. **Why \"Legal\"?** - **Sociological and Anthropological Aspects**: Recognizes that policing extends beyond legal frameworks, incorporating sociological and anthropological perspectives. - **Critiques and Theories**: Engages with critiques of modern policing, including insights from theorists like Roach, advocating for necessary changes in policing practices. **[Historical Context]** **Formal Police Origins (Egon Bitner)** - **Purpose of Creation**: Established to combat predatory exploitation and manage urban environments. - **Urbanization Needs**: Responded to the challenges posed by growing city populations, particularly during the urbanization of the 1880s. **[Police and Use of Force]** - **Coercive Force**: Police have the capacity to use coercive force, which is typically latent rather than actively employed. - **Trust and Violence**: Maintaining public trust requires the use of minimal force; excessive violence can erode this trust. **[Police Purpose and Function]** - **Immediate Response**: Police are tasked with addressing urgent problems and maintaining order and security in urban settings. - **Authority in Problem-Solving**: Utilize their authority to resolve issues as they arise. **Principles of Policing** - **PUFP (Police Use of Force Paradigm)**: - **Minimal Force**: The capacity to use violence does not imply that violence should be constant. - **Scope of Force**: Police force should be minimal in intensity but unlimited in scope. - **Velvet Glove/Iron Fist**: Policing operates with a balance of authority and the underlying threat of force. **[Definition of Police]** - **Special Authority**: Police are part of connected organizations with specific authority to enforce laws. - **Methods of Enforcement**: Authorized to use methods that are prohibited for the general public, highlighting their unique role in society. **Understanding Police Force and Its Evolution** **[Key Concepts of Police Force]** - **Minimal Force Capacity**: - The capacity to use violence does not equate to constant violence. - Police force should be minimal in intensity but unlimited in scope. - **Policing Philosophy**: - The concept of \"velvet glove/iron fist\" suggests that policing relies on the threat of force. **[Definition and Role of Police]** - **Definition**: - Police are part of connected organizations with special authority. - They are allowed to use methods prohibited for the general public. - **Primary Role**: - Enforce rules and customs. - Aim to maintain order in society, either broadly or in specific areas. **[Historical Context]** - **Origins of Policing**: - Emerged during urbanization and the Industrial Revolution. - Linked to rapid social and economic transformation. - **Driving Factors**: - Rapid densification due to people moving to cities for jobs. - Immense social upheaval and new social problems, including overcrowding and overworked populations. - **Purpose of Police Creation**: - Maintain order during societal changes. - Ensure the movement of goods and people in urban areas. **[Early Definitions of Police]** - **Public Order**: - Early definitions equated police with good public order, particularly in urban settings. - **Sir Robert Peel and the London Metropolitan Police (1829)**: - Professionalized police organization. - Introduced the principle that \"the police are the public, and the public are the police.\" **[Resistance and Opposition]** - **Working-Class Resistance**: - The working class opposed public police, viewing them as an oppressive state force used to control labor. - **Wealthy Class Opposition**: - Wealthy individuals had private security and did not see the need for public police. **[Urban Governance and Legitimacy]** - **Rational Urban Governance**: - Police were created to organize and manage urban society more effectively. - **Building Trust**: - Hiring working-class individuals was essential to gain public trust. - Public trust is crucial for police effectiveness; without it, cooperation diminishes. **[Comparative Models of Policing]** - **Royal Irish Constabulary (Colonial Model)**: - A paramilitary model that mimics military structure. - Established due to distrust of the Irish to police themselves, using decommissioned British soldiers. - **Reputation**: - Known for brutality and murder. - **Philosophy**: - Contrasts with Peel\'s model; emphasizes law establishing rather than law enforcing. - **Canadian RCMP**: - Follows the colonial model, highlighting the relationship between policing and colonialism. **[Liberal Critique]** - **Kent Roach\'s Perspective**: - Advocates for changes in Canadian policing to reduce violence. - Emphasizes the need for improved governance and accountability to benefit both the public and the police. **Understanding Policing and Its Myths** **[Law and Policing]** - **Establishment vs. Enforcement**: - Law is often established through **violence** to create order rather than merely enforced. - The **Canadian RCMP** exemplifies a **colonial model** of policing, highlighting the connection between policing and colonialism. **[Liberal Critique of Policing]** - **Need for Change**: - According to **Kent Roach**, Canadian policing requires significant reforms to: - **Reduce violence** in policing. - **Improve governance** and accountability. - **Enhance effectiveness** of police services. - These changes are beneficial for both the **public** and the **police**. **[Common Misconceptions about Police Work]** - **Myth 1: Crime is Central to Policing**: - **Reality**: Crime is a minor aspect of police work; most police calls are for **wellness checks**. - Police often act as **data brokers** and **knowledge workers**, collecting and sharing information, often for purposes like insurance. - A significant portion of police work involves **paperwork** rather than direct crime fighting. - **Misconception**: More police presence leads to less crime. - **Fact**: There is no strong evidence supporting that increased police numbers or force correlates with reduced crime rates. - Policing primarily focuses on **order maintenance**, not crime fighting. - Crime is often a reflection of **social issues**, and solutions typically lie outside police intervention (e.g., the opioid crisis). - **Myth 2: Police Enforce the Law**: - **Reality**: Law serves as a tool for maintaining order rather than being the primary objective. - Example: **Bike cops** may cite individuals for riding on sidewalks, but there may not be a specific bylaw against it. - **Selective Law Enforcement**: - Law enforcement is often selective, which can undermine public trust and appear oppressive. - Police exercise **discretion** in their actions, such as issuing fines. - The law is utilized to uphold a broader **social order** that favors the dominant system. - **Myth 3: Police Ensure Public Safety**: - **Reality**: Police handle a variety of tasks, including issuing **parking tickets** and managing **class repression**. - Police may break strikes and discipline labor, indicating a focus on maintaining public order. - **General vs. Particular Orders**: - **General Order**: The concept of a singular public order that applies universally. - **Particular Order**: Certain groups receive more protection and prioritization, while others are viewed as threats or less deserving of safety. - Questions of **public safety/security** arise: - Who is being protected? - Who is being kept safe from whom? **Policing and Public Order** **[Overview of Policing Concepts]** - **Parking Tickets and Class Repression** - Issuing parking tickets is a method used to maintain **public order**. - **General vs. Particular Orders** - **General Order**: A singular public order that is intended to apply to everyone. - **Particular Order**: Certain groups are prioritized and protected, while others are viewed as threats or less deserving of protection. **[Public Safety and Security]** - **Public Safety Questions** - Raises critical questions about **who is being protected** and **who is being kept safe from whom**. - **Police as a Source of Disorder** - Police actions can sometimes create **chaos** rather than maintain order. **[Liberal Critique of Policing]** - **Overpolicing and Underprotection (Roach)** - There exists a **vicious cycle** of overpolicing and underprotection. - Police aggressively enforce minor infractions in certain communities, leading to harassment. - In serious incidents, police may not respond or arrive late, reflecting **racialized policing**. - **Community Impact** - Communities are overpoliced for minor issues but underprotected in serious situations. - This leads to a **lack of trust** in police, making individuals less likely to report crimes, which reinforces the cycle of overpolicing and underprotection. **[Types of Policing]** - **High Policing vs. Low Policing (Bowling)** - **Low Policing**: Involves routine tasks such as order maintenance and responding to service calls. - **High Policing**: Focuses on state integrity and population wellbeing, including surveillance activities. - Examples include anti-terrorism efforts, election interference, and political policing (e.g., Bill C51, CSIS). **[Bifurcated Order]** - **Low Policing**: Maintains general public order. - **High Policing**: Maintains political and economic order. **[Myth of a Police State]** - **Operational Independence of Police** - Police have operational independence, and managing everyday disorder has expanded beyond criminal law and legal processes. - **Responsibilization** - Police offload responsibilities onto communities for maintaining order. - Public legitimacy is essential for police to function effectively. **Governing Authority and Police Power** **[Governing Authority]** - **Definition**: Governing authority has the power to make decisions that significantly shape people\'s lives. - **Police Power and Governmentality**: These are parallel modes of governance that influence how populations are managed. **[Understanding Governance]** - **Foucault\'s Perspective**: Governance is defined as a rational, calculated activity aimed at targeting a population. - **Goal**: The primary aim is to enhance or maximize the wellbeing of the population. **Process of Governance** - **Set an Objective**: For example, improving public health by reducing smoking rates. - **Plan Steps**: - Conduct research on behavioral and sociological changes to identify effective methods. - Outline rational steps to achieve the objective. **[Defining a Population]** - **Characteristics**: A population is a large group sharing a common characteristic. - **Data-Driven Definition**: Populations are defined through data such as statistics, death rates, birth rates, and infant mortality rates. - **Smaller Scales**: Populations can also exist on smaller scales, such as a student population. - **Data Collection**: Collecting data and defining a population actively constructs and shapes that population. **[Governance of a Population]** - **Construction and Shaping**: Governance involves constructing and shaping the population through various means. **[Key Concepts]** - **Governmentality vs. Discretion**: - **Governmentality**: Refers to strategic, calculated actions taken by authorities. - **Discretion**: Involves flexible, responsive decisions made in the moment. - **Multiplicity of Authorities**: Governance includes various authorities such as public health organizations and universities. **[Techniques of Governance]** - **Influencing Conduct**: Techniques and knowledge are employed to shape conduct by influencing desires, aspirations, and beliefs. - **Example**: Anti-smoking campaigns utilize emotional appeals, such as posters depicting the suffering of children due to smoking. **[Governmentality Explained]** - **Definition**: Governmentality is the \"conduct of conduct,\" which refers to shaping how people act and what they do. - **Governed as Actors/Subjects**: Individuals are viewed as having agency and the freedom to make choices. **Governing Through Freedom** - **Locus of Freedom**: Individuals are seen as the locus of freedom, capable of enacting their agency. - **Governing at a Distance**: Governments influence potential actions rather than directly prohibiting behaviors. - **Example**: Smoking is managed through various constraints rather than outright bans. **Constraints Introduced** - **Costs**: Higher taxes on cigarettes. - **Health Risks**: Increased awareness of illnesses caused by smoking. - **Social Pressure**: Campaigns that utilize guilt, such as posters showing the suffering of children. - **Norms**: Efforts to make smoking socially unacceptable. **[Self-Governance]** - **Structured Constraints**: Individuals exercise their freedom within structured constraints, leading to self-governance in alignment with societal expectations. **[Partial Success in Governing Objectives]** - **Challenges**: Objectives may not be fully achieved as individuals can resist or act outside the imposed constraints. **[Evaluating Governmentality]** - **Good or Bad?**: The effectiveness and morality of governmentality can be questioned, leading to discussions on its implications for society. **Governmentality and Population Governance** **[Key Concepts in Population Governance]** - **Definition of Population**: - A large group sharing a common characteristic, defined through **data** (e.g., statistics, death rates, birth rates, infant mortality rates). - Exists on smaller scales, such as **student populations**. - **Data Collection**: - Collecting data and defining a population creates that population. - **Governance**: - Governance of a population constructs and shapes that population. **[Governmentality vs. Discretion]** - **Governmentality**: - Involves **strategic, calculated actions** to influence behavior. - **Discretion**: - Refers to **flexible, responsive decisions** made by authorities. - **Multiplicity of Authorities**: - Includes various entities such as **public health organizations** and **universities**. **[Techniques of Governance]** - **Influencing Conduct**: - Techniques and knowledge are used to shape conduct by influencing desires, aspirations, and beliefs. - Example: **Anti-smoking campaigns** utilizing emotional appeals (e.g., posters showing a suffering child). **[Understanding Governmentality]** - **Definition**: - The conduct of conduct; shaping how people act and what they do. - **Governed as Actors/Subjects**: - Individuals are viewed as having **agency** and the freedom to make choices. - **Governing Through Freedom**: - Individuals are seen as a locus of freedom with the ability to enact agency. - **Governing at a Distance**: - Governments shape the field of potential actions rather than directly prohibiting behaviors. - Example: **Smoking** is influenced through: - **Constraints**: Higher taxes on cigarettes. - **Health Risks**: Awareness of illnesses caused by smoking. - **Social Pressure**: Campaigns that create guilt (e.g., posters depicting child suffering). - **Norms**: Making smoking socially unacceptable. **[Success and Challenges in Governance]** - **Partial Success**: - Objectives are not fully achieved as individuals may resist or act outside these constraints. - **Evaluation of Governmentality**: - **Foucault\'s Stance**: - Does not take a definitive stance on whether governmentality is good or bad; it depends on the politics and objectives of specific government projects. **[Tools for Analyzing Governmentality]** - **Power and Knowledge**: - Power is diffused throughout society and is tied to specific rationalizations directed towards certain ends. - Power operates through knowledge to achieve human objectives and is productive, creating outcomes rather than merely repressing behaviors. - Example: Government projects like anti-smoking campaigns illustrate how power can shape behaviors. - **Critique of Foucault**: - Some argue that Foucault focuses too much on power, viewing it as repressive/negative. - Acknowledges that power can also be productive. **[Knowledge and Power Dynamics]** - **Problematizing Power and Knowledge**: - Knowledge is used to shape and understand power dynamics. - **Ways of Knowing**: - Knowledge is central to governing and addressing social issues. - **Governing Authorities**: - Aim to secure the well-being of populations by identifying and addressing social problems. **[Defining Social Problems]** - **Problematization**: - A harmful condition must be recognized as a collective problem by society. - **Collective Problem Identification**: - Harm does not automatically mean it is recognized as a collective problem; society must collectively identify it as needing action. - **Competing Knowledge**: - Different types of knowledge compete to define issues (e.g., the smoking debate regarding harm). - **Synchronization Problem**: - There is no automatic link between objectively harmful conditions and the activities aimed at problematizing them. - **Productive Power/Knowledge**: - Involves framing the problem, making claims, and determining what counts as evidence. **Foucault\'s Governmentality: Power, Knowledge, and Governance** **[Foucault\'s Perspective on Governmentality]** - **Neutral Stance**: Foucault does not categorize governmentality as inherently good or bad; its value is contingent upon the specific politics and objectives of the government project. **[Tools for Analyzing Governmentality]** - **Focus on Power and Knowledge**: Foucault provides analytical tools that emphasize the interplay between power and knowledge in understanding governmentality. **Power Dynamics** - **Nature of Power**: - Power is not solely about oppression or hierarchy; it is diffused throughout society. - It is always associated with specific rationalizations and directed towards particular ends. - Power operates through knowledge to achieve human objectives. - Power is productive, creating outcomes rather than merely repressing behaviors. - **Examples of Productive Power**: - Government initiatives, such as anti-smoking campaigns, illustrate how power can shape behaviors and outcomes. **Critiques of Foucault** - **Focus on Power**: Some critiques suggest that Foucault emphasizes power too heavily. - **Repressive vs. Productive Power**: - While power can be repressive, it also has productive aspects that contribute to societal change. **[Knowledge and Power Interrelation]** - **Problematization**: - Power and knowledge work together to identify and research societal issues. - Knowledge is instrumental in shaping and understanding power dynamics. **Ways of Knowing: Knowledge/Power** - **Central Role of Knowledge**: Knowledge is crucial for governing and addressing social issues. **[Governing Authorities and Social Problems]** - **Objective of Governing Authorities**: - Aim to secure the well-being of populations by identifying and addressing social problems. **Defining Social Problems** - **Problematization**: - A social problem is defined as a harmful condition; if no harm is perceived, it may lead to moral panic. - **Collective Problematization**: - Society must collectively recognize an issue as a problem that requires action. - **Competing Knowledge**: - Different types of knowledge may compete to define social issues (e.g., the smoking debate regarding harm). **Synchronization Problem** - **Lack of Automatic Link**: - There is no inherent connection between objectively harmful conditions and the actions taken to address them. **[Productive Power/Knowledge]** - **Framing Issues**: - Involves defining problems, making claims, and determining what constitutes evidence. **[Freedom vs. Social Control]** - **Complex Relationship**: - The relationship between freedom and social control is intricate; it is not a simple zero-sum game. - **Freedom in Governance**: - Freedom is not opposed to government; it encompasses choice, autonomy, self-responsibility, and the pursuit of a fulfilling life. - **Internalization of Objectives**: - Individuals internalize government goals, perceiving them as positive and desirable. **Governance at a Distance** - **Indirect Governance**: - Governance can occur without direct coercion, reflecting a more nuanced approach to authority. **[Governmentality as an Analytic Framework]** - **Four Interlocking Sets of Governing Practices**: - **Ways of Knowing**: How knowledge is produced. - **Ways of Seeing**: Collecting data and assessing effectiveness. - **Ways of Doing**: Techniques and practices (e.g., anti-smoking campaigns). - **Modes of Subjectification**: Shaping identities and self-perception. **Police Power and Governance** **[Characteristics of Police Power]** - **Definition**: Police power seeks specific solutions to evolving problems of order and security. - **Nature of Governance**: - Operates under **liberal governmentality**, where individuals attempt to govern themselves. - Represents the **direct governmentality of the sovereign**. **[Discretionary Nature]** - **Discretionary vs. Calculated**: Police power is often **discretionary**, meaning it is not always based on calculated or rational decisions. - **Responsive and Reactive**: It responds to immediate needs and cannot always rely on laws and contingencies. - **Political Decisions**: Requires quick political decisions due to the inability of laws to cover every situation. **[Municipal Power]** - **Scope**: Municipalities have the power to maintain order in public spaces with no clear limits, except those imposed by the constitution. - **Examples**: Common examples include **traffic control**. **[Governing Objectives]** - **Goals**: The primary objectives of police power include: - **Maximizing peace, order, and prosperity**. - Aligning public wellbeing with state wellbeing. **[Police Rationalities]** - **Justification for Coercion**: Coercion is often justified for the **general good**, even if it infringes on individual rights for the benefit of the community or nation. **[Police Techniques]** - **Methods**: Techniques employed by police power include: - **Prohibition** - **Regulation** - **Direction** - **Coercion** - **Force** **[Objects of Police Power]** - **Targets**: Police power is directed towards: - **Individuals** - **Groups** - **Spaces** - **Adaptability**: It is always specific and responsive to new or emerging issues. **[Example: Eminent Domain / Expropriation]** - **Definition**: The state can forcibly take private property for public use, such as for roads or schools. - **Infringement on Rights**: This action infringes on the **right to private property**, which typically includes the rights to exclude, enjoy, and alienate property. - **Legal Protections**: Normally protected under liberal rule of law, but exceptions exist. - **Discretionary Aspect**: Authorities choose which properties to expropriate. - **Kelo Case**: A landmark case where private development was justified as a public good. - **Justification for Infringement**: The rationale often includes public good and economic benefits, such as job creation through infrastructure projects. **[Sovereign Power and Police Power]** - **Survival of Sovereignty**: Police power enables sovereignty to persist in constitutional monarchies, republics, and liberal/neoliberal political economies. - **Sovereignty as Governance**: - Defined as the ability to \"make die and let live,\" indicating power over life and death. - The monarch embodies the law, which is often seen as absolute, arbitrary, and non-rational. - **Objectives of Sovereign Power**: - Secure territory - Prevent treason - Maintain power - Collect taxes - **Subjects**: The population is viewed as subjects, often lacking legitimacy in the eyes of the sovereign. - **Police Governance**: Represents delegated sovereign authority that enacts the king\'s law to secure internal order. - **Historical Context**: The **Magna Carta** established limits on monarchy, indicating that the monarchy is no longer above the law. **Police Power and Governance** **[Characteristics of Police Power]** - **Definition**: Police power seeks specific solutions to evolving problems of order and security. - **Nature**: - **Direct governmentality**: Operates under the authority of the sovereign. - **Discretionary**: Decisions are often made quickly and are not always calculated or rational. - **Responsive and reactive**: Laws cannot cover every situation, necessitating quick political decisions. - **Municipal Power**: Local governments have the authority to maintain order in public spaces, with few clear limits except those set by the constitution. - **Examples**: Everyday instances include traffic control. **[Governing Objectives]** - **Goals**: - **Maximize peace, order, and prosperity**: Aligning public wellbeing with state wellbeing. - **Police Rationalities**: - **Coercion**: Justified for the general good, often at the expense of individual rights for the benefit of the community or nation. **[Police Techniques]** - **Methods**: Include prohibition, regulation, direction, coercion, and force. - **Targets**: Police power is directed at individuals, groups, and spaces, responding to specific and emerging issues. **[Eminent Domain / Expropriation]** - **Definition**: The state forcibly takes private property for public use (e.g., for roads or schools). - **Individual Rights**: The right to private property is typically protected under liberal rule of law, but exceptions exist. - **Discretionary Aspect**: Authorities choose which properties to expropriate. - **Kelo Case**: A legal case where private development was justified as a public good, emphasizing economic benefits like job creation through infrastructure projects. **[Sovereign Power and Police Power]** - **Historical Context**: Police power has allowed sovereignty to persist in various political systems, including constitutional monarchies and liberal economies. - **Sovereign Power**: Defined as the authority to control life and death, with the monarch embodying the law. - **Objectives**: Include securing territory, preventing treason, maintaining power, and collecting taxes. - **Police Governance**: Represents delegated sovereign authority, enacting the king\'s law to secure internal order. - **Magna Carta**: Established limits on monarchy, asserting that the monarchy is not above the law. - **Contemporary Relevance**: Sovereign power has not been fully dismantled; it exists in new forms, such as neoliberalism. **[Modern Police Power]** - **Discretionary Use of Coercion**: Modern police power often infringes on individual rights in the name of public good. - **Criminological Debate**: Some criminologists argue that police are bound by the rule of law. **[Punitive Strip Searches]** - **Law vs. Order**: Police may prioritize order over law in certain situations. - **Canadian Context**: Strip searches are used routinely, sometimes punitively. - **Legal Challenge**: Section 8 of the Canadian Charter protects against unreasonable search and seizure. - **R v Golden (2001)**: Supreme Court ruled that strip searches cannot be routine, yet their prevalence remains unchanged. **[Governing Mass Demonstrations]** - **Police Power and Liberal Governmentality**: These are modes of governance in managing public protests. - **Response Strategies**: - **Provincial Liaison Teams**: Engage with protesters to build relationships and align objectives. - **Public Order Units**: Employ coercive measures to manage protests. - **Objectives**: Ensure safety, prevent disorder, and respect Charter rights, recognizing protests as valid expressions. **[Stages of Conflict]** - **Pre-event Work**: Involves constant police surveillance and activity to avoid critical incidents. **[Police Knowledge and Psychology]** - **Research Insights**: Academic studies help understand group behavior during protests. - **Le Bon\'s Theory**: Individuals are rational, but crowds can lead to mob mentality and violence. - **Crowd Dynamics**: - **80%**: Unlikely to be violent. - **15%**: Undecided and may react to police actions. - **5%**: Extremists likely to engage in violence and provoke others. - **Police Response**: Can inadvertently push the undecided group towards violence. **[Understanding the Crowd]** - **Concept**: The crowd is a framework for analyzing mass demonstrations. - **Assumption**: The crowd develops a life of its own, independent of individual motivations. **Understanding Crowd Dynamics and Policing Strategies** **[Crowd Dynamics]** - **Definition of Crowd**: A crowd is a collective of individuals participating in mass demonstrations. - **Nature of Crowds**: The motivations behind crowd formation are often irrelevant; a crowd is simply a crowd. - **Assumption of Crowd Behavior**: It is assumed that a crowd can develop a life of its own, influenced by factors such as policing and provocateurs. - **Impact of Extremists**: A small percentage (5%) of extremists may engage in violence, which can provoke a larger group (15%) to respond violently. - **Empirical Inaccuracy**: While the assumption of crowd behavior may be empirically inaccurate, it still influences police responses. **[Policing Strategies]** **Provincial Liaison Team (PLT)** - **Role of PLT**: Focuses on relationship-building, negotiation, and education with demonstrators. - **Goals**: Encourages self-governance among demonstrators to prevent escalation into violence. - **Effectiveness**: Aims to reduce critical incidents, as noted by the Ontario Provincial Police (OPP). - **Example**: In the Convoy protest, the PLT and Ottawa Police Service (OPS) were involved, but negotiations failed, leading to unresolved tensions. **Coercive Policing** - **Public Order Units (POU)**: Utilize spatial containment, force, and pain compliance to manage crowds. - **Tactics**: - **Kettling**: Trapping protesters in a designated area. - **Red Zones**: Establishing restricted areas to control movement. - **Complementary Approaches**: PLT and POU strategies are not contradictory; they can work together to manage public order. **[Legitimacy of Police Force]** - **Public Legitimacy**: Questions arise regarding whether police are genuinely concerned with maintaining public legitimacy. - **Consequences of Negotiation Failures**: When negotiations fail, protesters may become more vulnerable to police violence. **[Governmentality and Police Power]** - **Coexistence of Police and Neoliberal Governmentality**: Both operate in parallel to maintain social order. - **Impact on Education**: - **CEPEO\'s Objective**: Focus on literacy as a governing objective, linking poor performance on tests to future reading skills. - **Parental Involvement**: Parents are encouraged to take responsibility for their child\'s reading progress through interventions and support. - **Internalization of Labels**: Children may internalize negative labels (e.g., \"bad at reading\") as part of their identity. **[Surveillance]** - **Scope of Surveillance**: Everyone is subject to surveillance, including through social media. - **Purpose of Surveillance**: Understanding who surveils whom and the motivations behind surveillance practices. **Surveillance and Its Implications** **[Overview of Surveillance]** - **Definition**: Surveillance refers to the **systematic focus on personal information** to influence, manage, entitle, or control individuals. - **Purpose of Surveillance**: - **Data Collection**: Gathering information for various uses. - **National Security**: Monitoring for safety and security purposes. - **Advertising**: Shaping consumer preferences through targeted marketing. **[Examples of Surveillance]** - **Surveillance Drones**: Used for monitoring in various contexts. - **Holter Monitors**: Medical devices that track heart activity. - **PC Optimum**: A system for consumer tracking and data collection. **[The Panopticon Model]** - **Concept**: Introduced by **Jeremy Bentham**, the Panopticon is a design for a prison where inmates are always visible to a central watchtower, leading to self-discipline. - **Critique by Kevin Haggerty**: - The Panopticon model is limited; it primarily focuses on control through discipline. - **Examples**: Traffic cameras and exam invigilators serve to monitor behavior and deter deviance. **[Shifting Regimes of Power]** - **Sovereign Power**: Historically associated with life/death control and extreme punishment. - **Disciplinary Power**: Focuses on rehabilitation and less visible forms of violence, shaping individuals through norms and expectations. **[Institutions and Power Dynamics]** - **The Prison and the Workhouse**: - The workhouse emerged during the **Victorian era**, linked to industrialization and urbanization. - A shift from sovereign power to disciplinary power aimed at shaping bodies and minds through repetition and moral education. - **The School**: - Plays a crucial role in establishing norms, discipline, and behavioral expectations among students. **[Limitations of the Panopticon Framework]** - Surveillance extends beyond mere control through discipline. - **Visibility Hierarchies**: Traditional models of surveillance are becoming obsolete; individuals often do not know they are being watched. - **Automation**: Surveillance is increasingly automated, affecting not just individuals but also systems and processes. **[Surveillance and Governmentality]** - Surveillance is a fundamental technology of governance, enabling new ways of observing and managing populations. - **Social Sorting**: - Categorizes individuals based on characteristics for efficient resource allocation. - Profiling can significantly impact life opportunities, such as credit scores and risk assessments. **[Influence of Personal Data Collection]** - Personal data collection shapes individual preferences, identities, and desires. - **Targeted Advertising**: Exploits insecurities to influence self-perception and consumer behavior. - **Data Brokers**: Entities like supermarkets and casinos manipulate consumer behavior through data analysis. - **Social Media**: Platforms like TikTok engage users for profit, leveraging surveillance techniques to maintain user interest. **[Dataveillance and \"Dividuals\"]** - **Mass Surveillance**: Involves tracking individuals through their digital traces. - **Surveillance Capitalism**: A core feature of modern surveillance practices. - **\"Dividuals\"**: Refers to the fragmented digital representations of individuals, highlighting the complexity of identity in the digital age. **Dataveillance and Surveillance Capitalism** **[Key Concepts]** - **Dataveillance**: - Refers to **mass surveillance** through the collection and analysis of **digital traces**. - A core feature of **surveillance capitalism**. - **\"Dividuals\"**: - Concept representing **fragmented digital versions** of individuals. - Highlights how personal data is managed and utilized. **[Personal Data Management]** - **Risk Identification and Mitigation**: - Personal data is collected to **identify and mitigate risks** before they occur. - **Examples of Monitoring Technologies**: - **Holter Monitors**: - Track heart rate for health monitoring. - **Ankle Monitors**: - Help offload the burden on the correctional system. - **Credit Scores**: - Determine **financial risk** and categorization of individuals. - **Entitlement Surveillance**: - Determines who qualifies for resources, such as: - **Ontario Disability Support Program (ODSP)**. - Self-reported income is verified by the government. - Compliance checks include **CRA** (Canada Revenue Agency) and bank information. - Non-compliance can lead to **loss of benefits**. **[Governing Risk in Uncertainty]** - **Fire Preparedness**: - Surveillance identifies **high-risk areas** for fire incidents. - **Prevention vs. Pre-emption**: - Distinction between **stopping** threats and **anticipating** them. - **Surveillance for Fire Knowledge**: - Involves sorting data and implementing interventions. - Acknowledges that **unintended consequences** can emerge from surveillance practices. **[Politics and Resistance]** - **Power Dynamics**: - \"Where there is power, there is resistance.\" - **Rights to Privacy**: - The right to be **invisible** or **forgotten** is emphasized. - Privacy laws exist in Canada to protect individuals. **[Politics of Surveillance]** - **Neutrality of Surveillance**: - Surveillance is never neutral; it always serves a purpose. - **Potential Outcomes**: - Can have positive effects (e.g., **protection**, **efficiency**). - Can also lead to negative consequences (e.g., **control**, **exploitation**). - **Purpose of Surveillance**: - The purpose is never fully realized but is always present in the context of surveillance practices. **Public Safety and Governance** **[Understanding the Public]** - **Definition of Public**: Refers to the general population, but not necessarily everyone. - **Contextual Distinctions**: - **Public vs. Threats**: In terms of police power and public safety, distinctions arise between the public and those perceived as threats. - **Self-Threat**: If the public includes everyone, questions arise about whether it poses a threat to itself. **[Police Power and Public Spaces]** - **Distinctions Created by Police Power**: - Police power delineates between public and non-public individuals. - Being in a public space can be interpreted as threatening or disorderly. **[Subjectification and Social Norms]** - **Subjectification**: - Refers to the process of behaving \"properly\" according to social norms. - **Examples of Proper Behavior**: - Putting out trash on designated days. - Earning income through legitimate means (jobs, scholarships, credit). - Engaging in private activities (e.g., using the bathroom or sleeping at home). **[Abjectification and Legal Protection]** - **Abjectification**: - Individuals deemed dangerous or outside the law due to their activities in \"wrong\" places. - **Examples of Abject Behavior**: - Rummaging through trash for recyclable materials. - Earning income through panhandling, bottle collecting, or sex work. - Engaging in drug use or sleeping in public spaces. **[Dangerousness and Exclusion]** - **Perception of Threat**: - Activities that occur out of context may be viewed as suspicious. - Labeling certain behaviors as dangerous can lead to exclusion from legal protections. **[Surveillance in Modern Governance]** - **Definition of Surveillance**: - Systematic focus on personal information to manage, control, or influence individuals. - Essential for modern governance, as visibility creates new governance methods. - **Beyond the Panopticon**: - Surveillance extends beyond mere observation for control. - Involves **Dataveillance**, social sorting, and profiling. - **Contextual Evaluation**: - The implications of surveillance can be positive or negative, depending on the context and purpose. **[Surveillance and Public Spaces]** - **Anti-Homeless Structures**: - Designed to govern visible homelessness and prevent unwanted behaviors. - Urban design shapes behavior by dictating how spaces are used. **[Police Power as Governance]** - **Nature of Police Power**: - Functions as a parallel mode of governance that is discretionary and unenumerated. - Authorities address evolving issues of order and security through discretion, regulation, and coercion. **Governance and Marginalization in Urban Spaces** **[Parallel Mode of Governance]** - **Discretionary and Unenumerated**: Authorities utilize a flexible approach to address evolving issues of order and security. - **Mechanisms of Governance**: - **Discretion**: Authorities have the leeway to make decisions based on the context. - **Regulation**: Implementation of rules to guide behavior (e.g., bylaws regarding public spaces). - **Coercion**: Justification for infringing on individual freedoms in the name of peace, order, and prosperity. **[Police Power and Social Control]** - **Key Characteristics**: - **Foucauldian Perspective**: Police power is not a static entity but a dynamic mode of governance that adapts to societal changes. - **Evolving Nature**: Techniques and rationalities of governance change in response to new societal challenges. - **Public Welfare Maximization**: Coercive measures are justified as necessary for the public good. - **Prevention and Punishment**: Focus on managing potential threats before they materialize. **[Governance of Marginalized Residents]** - **Urban Planning**: Cities govern marginalized populations through spatial control, influencing movement and behavior. **Understanding Marginalization** - **Triple Process of Marginalization**: - **Economic Superfluity**: Individuals become unable to work or are not hired (e.g., due to disabilities, age, or job loss). - **Deprivation of Social Participation**: Lack of access to employment, leisure, and cultural activities (illustrated by examples like UBI pilot programs). - **Forced Dependency**: Individuals lose privacy and autonomy when accessing social services (e.g., financial disclosure requirements for assistance programs). **[Landscapes of Marginalization]** - **Materialization of Exclusion**: Marginalization manifests as extreme economic and social exclusion, particularly in urban environments. **[Neoliberal Reasoning]** - **Crisis of Mass Homelessness**: Attributed to failures in neoliberal policies, including: - **Disinvestment from Social Housing**: Reduction in available affordable housing options. - **Decrease in Social Assistance**: Cuts to financial support for vulnerable populations. - **Closure of Psychiatric Facilities**: Loss of mental health support services. - **Asset Inflation**: Rising housing costs exacerbating the crisis. **[Neoliberal Urbanism]** - **Shift in Governance Approach**: Transition from a managerial to a financialized, entrepreneurial model. - **Reduced Financial Support**: Decreased funding from federal and provincial governments, leading to a focus on attracting private investment. - **Financialization Effects**: Gentrification and capital accumulation impact urban landscapes. **[Sweeps and Police Power]** - **Infringement on Rights**: Actions against unhoused individuals raise concerns about: - **Right to Property**: Challenges to the rights of individuals without homes. - **Unreasonable Search and Seizure**: Legal implications of policing practices. - **Legality of Sweeps**: Targeting specific uses of urban space under the guise of maintaining public order. - **Quality of Life Infractions**: Enforcement of laws related to vagrancy and public nuisance as a means of governance. **Financialization, Gentrification, and Legal Governance of Space** **[Key Concepts]** - **Financialization and Gentrification** - Relationship between **capital accumulation** and urban development. - Impact on **unhoused populations** and their rights. - **Police Power and Rights Infringement** - **Right to property** and implications for the unhoused. - Issues surrounding **unreasonable search and seizure**. - Legality of **sweeps** targeting specific uses of space. **[Vagrancy Laws]** - **Definition and Criminalization** - **Vagrancy** as a new criminal category. - Criminalizes behaviors such as: - **Panhandling** - **Public drunkenness** - **Sex work** - Purpose: **Deterrence to poverty**. - **Historical Examples** - **Virginia Vagrancy Act (1866)**: Arrest and lashing as punishment. - **Canada Criminal Code (1892)**: \$50 fine or 6 months imprisonment. - **Legal Challenges** - Issues with vagrancy laws include: - **Vagueness** and **overbreadth**. - Lack of **discretion** and **fair hearing**. - Punishment without **intent**. **[Spatial Regulations and Neo-Vagrancy Laws]** - **Governance of Space** - Municipalities govern space rather than individuals. - Use of **bylaws**, **hostile urban design**, and **space laws** to enforce regulations. - **Types of Regulations** - **Zoning laws**: Control how spaces are utilized. - **Nuisance laws**: Address behaviors deemed problematic. - **Parking codes**: Regulate vehicle use in public spaces. **[Governance Through \"Uses\"]** - **Regulation of Space Use** - Municipalities focus on how spaces are used (e.g., prohibiting sleeping in parks). - **Sweeps** and police power: Confiscation of items beyond a 60-gallon container. - **Judicial Resistance** - California Supreme Court ruling against unconstitutional sweeps. - Emergence of new **quality of life infractions** as counter-resistance. **[Routine Governance of the Dispossessed]** - **Strategies for Management** - Redefining shelters as **non-housing** for zoning purposes (e.g., Winnipeg). - Protocols for handling **abandoned belongings** (e.g., Toronto). - Establishment of **Community Engagement Teams** (e.g., Ottawa). - **Focus on Economic Marginalization** - Lack of solutions to eradicate economic marginalization. **[Hostile Urban Design]** - **Designing Out the Right to Rest** - Urban design limits how individuals can use public facilities. - Space utilized for: - **Containment** (e.g., prison-like environments). - **Expulsion/Exile** (e.g., banishment from areas). **[Banishment Today]** - **Modern Exclusion Practices** - Exclusion of unwanted persons from city areas for extended periods. - Use of **administrative law** and **civil infractions** to enforce bans. - **Park exclusion orders** categorized as civil, not criminal, leading to new crimes like **trespassing in parks**. **[Structural Incommensurability]** - **Clash of Legal Tools and Rights** - Legal mechanisms governing space often conflict with individual rights and personhood. - Political efforts ensure that governance tools do not infringe upon personal rights. **Legal Concepts in Space Governance** **[Trespassing in Parks]** - **Definition**: Trespassing in parks is recognized as a new crime, highlighting the evolving nature of legal definitions in relation to public spaces. **[Structural Incommensurability]** - **Concept**: Refers to the conflict between **legal tools** used to govern space and the **rights** and **personhood** of individuals. - **Implications**: This structural clash raises questions about the effectiveness and fairness of existing legal frameworks in accommodating individual rights. **[Political Work]** - **Role**: Political efforts are essential to ensure that legal tools do not conflict with individual rights and personhood. - **Objective**: The aim is to create a harmonious balance between governance and the protection of personal freedoms. **[Subjectification and Abjectification]** - **Relationship**: These two concepts have a complex interplay in the context of legal governance. - **Subjectification**: The process through which individuals are recognized as subjects with rights. - **Abjectification**: The process that marginalizes certain individuals, stripping them of rights and recognition. - **Significance**: Understanding this relationship is crucial for analyzing how laws impact different groups within society.