Pouvoir discrétionnaire de la police à l'égard des jeunes contrevenants

Annexe méthodologique

Annexe A-5. Guide des entrevues

(Version anglaise)

Preamble

  • Permission to include their name in the acknowledgments
  • Tape recording of the interview
  • The respondents may turn the recorder off at any time during the interview if they would prefer to answer the question off the record.
  • Confidentiality is ensured as no statements will be directly quoted (referenced to their names)
  • Exchange business cards or confirm rank and spelling of last name

A.  Upper Management

Introduction - (if appropriate) - length of service, previous police services/postings, current responsibilities

Environment - The Nature of the Community
  • 1) How would you describe the socio-demographic characteristics of the community(s) you police?
    1. Poor/wealthy
    2. Young/old
    3. Ethnically diverse/homogenous
    4. Stable/transient/immigrant

  • 2) What is the typical level and type of crime (and youth crime) in these communities?
Structure - Management Style
  • 3) What types of crime prevention initiatives get delivered that address youth?
    1. Primary (general)
    2. Secondary (targeted at high risk groups)
    3. Tertiary (targeted at identified offenders)

  • 4) Can you describe some examples of 'problem oriented policing' within your department that target youth?
Structure - Training
  • 5) What types of training help prepare officers for handling youth crime?
    1. Academy?
    2. Internal training opportunities?

  • 6) What types of training do you feel would help officers who are working with youth?

Process - Organization

  • 7) Have there been any major changes in this police service's approach to youth crime in the past 15 years since the YOA came into effect?
    1. If so, what were the reasons (YOA, budget cuts, other?)?
Structure - Documentation
  • During upper management interview ask for relevant documentation (and/or confirmations).
  • Confirm
    • Overall strength of force (# of officers)
    • Rank structure
    • Approximately how many officers in each rank

B.  General Interview Schedule

Introduction - (if appropriate) - length of service, previous police services/postings, current responsibilities

Structure - Training
  • 8) What type of training have you had that has prepared you to handle youth crime?
    1. Academy?
    2. Internal training opportunities?

  • 9) Do you feel the amount and type of training you received was adequate to prepare you for working with youth?

  • 10) What types of training do you feel would help officers who are working with youth?

  • 11) How have your previous experiences shaped the way you handle incidents involving youth?
    1. Practical field experience
    2. Mentors and advice

  • 12) Is there any mechanism in place where officers can share these experiences?
    1. Successful diversion programs
    2. The programs best suited for certain types of crime
    3. Decision making processes
Structure - Management Style
  • 13) Can you describe some examples of 'problem oriented policing' within your department that targets youth?

  • 14) Do you find support exists within your working environment for community policing?
    1. Seeking informal alternatives
    2. Promotion indicators
Process - Organization
  • 15) Are there any internal policies or protocols when dealing with young persons? Do you find them helpful?

  • 16) Would you characterize your work with youth as proactive or reactive?
    1. What do you feel is ideal?
    2. hat is actually happening?
    3. Community policing?
Process - Investigation

Youth Detectives/Youth Bureau officers:

  • 17) At what point in the investigation does an incident become a youth detective/bureau matter?

  • 18) What criteria do patrol officers use in deciding whether to refer a case to your attention?

All Officers:

  • 19) In what ways do you generally become aware of youth related incidents?
    1. Victim/witness reports incident (in progress/completed)
    2. Police discover completed incident (e.g. evidence of break in during patrol)
    3. Police discover incident in progress
    4. Other system agents report incident to police (e.g. probation breach)

  • 20) Could you take me through the process involved in a typical youth related incident, from dispatch putting out the call, all the way to the case going to court, or being disposed of in some other way?

  • 21) How much information on youth suspects is available to you?
    1. Prior convictions
    2. Prior AMs, diversion
    3. Prior contacts

  • 22) How are administration of justice cases handled by the system?
    1. Fail to appear
    2. Bail violations
    3. Violations of probation or community service order conditions
    4. Unlawfully at large

  • 23) How do they come to your attention?

  • 24) How much discretion do you have in these cases regarding charging?

  • 25) Are provincial offences handled any differently?

  • 26) How much of your caseload involves provincial offences?
Process - Clearing the Incident
  • 27) What options are available to you to clear an incident?

  • 28) Who has the authority to lay a charge? Does this differ by type of offence?

With Middle Level Officers - Jump to #38

(Frontline officers:)

  • 29) If you decide to take informal action what options are available to you and how do you choose among them? (Look out for pre-charge diversion)
    1. Informal warning (no record / with record)
    2. Formal warning (with record)
    3. Parental involvement
    4. Taking the youth home or to the police station
    5. Questioning the youth at the scene or at the police station
    6. Referrals to external agencies (e.g. Social Services, Child Welfare)
    7. Referrals to internal (police-operated) programs
    8. Other?

  • 30) What programs are available in the community for youth diversion? (Look out for post-charge diversion.)

  • 31) Do you find them effective?

  • 32) Do you receive any feedback on the case if the youth went through Alternative Measures (diversion)?
    1. Is this information that would help your decision making processes?

Process - Incident and Offender Characteristics
  • 33) In what ways do the characteristics of the offence influence your decision to lay charges, use AM, or informal diversion? (This may need explaining - for the subject, it may be an overall judgment, not reference to a list of criteria)
    1. Seriousness (type of offence)
      1. Presence and type of weapon
      2. Harm done (injury, amount of loss/damage to property)
    2. Victim / Complainant preference
      1. Type of relationship between offender and victim
    3. Group vs. lone offender
      1. Age of co-offenders
      2. Number of co-offenders
    4. Use of alcohol / drugs
    5. Location and time of day

  • 34) Are there any offences which almost always result in (a) handling the case informally (b) charge, or (c) diversion?

  • 35) In what ways do the characteristics of the young person influence your decision to lay charges, use AM (diversion), or informal action?
    1. Prior record
      1. Conviction
      2. AM
      3. Contact
    2. Age
    3. Gender
    4. Race???? (play this variable by ear) ~ try 'native, aboriginal'
    5. Attitude
    6. Home / School / Work situations´
    7. Peer group / gang affiliations
    8. How would you define a gang related incident?

I have a couple of questions about arrest and the methods of compelling attendance at court, when charges are laid:

  • 36) How do you decide whether to arrest a young offender?

  • 37) If you don't arrest, would you use an Appearance Notice or a Summons? (If either, under what circumstances?)

(Resume middle level officer interview here)

  • 38) If the youth is arrested and charged, what methods are used to use to compel attendance at youth court - and how do you choose among these methods?
    1. Detain for bail hearing?
    2. Release with:
      1. Promise to Appear, no conditions?
      2. OIC Undertaking - any conditions? (curfew?)
      3. both PTA and OIC Undertaking?
      4. Recognizance?

  • 39) Are there any offences which almost always result in:
    1. Arrest and detention
    2. Use of an Appearance Notice

  • 40) Which methods of handling youth crime do you perceive as having 'meaningful consequences' for the young person?

  • 41) Is there anything else (besides what we have already covered) that you take into account in assessing the seriousness of a crime and what actions to take?

Environment - Legislation

I have a few questions specifically about the Young Offenders Act:

  • 42) How does the Young Offenders Act impact on the day-to-day handling of youth crime?
    1. Declaration of Principle
    2. Alternative Measures/Diversion provisions
    3. Legal counsel provisions
    4. Taking statements provisions
    5. Notifying the parents
    6. Other provisions?
    7. Other federal legislation (C.C., Bail Reform Act, etc.)
    8. Provincial legislation/practice (e.g. Youth Protection Act, Crown charging)

  • 43) For any subsections not covered in the previous section: What are your perceptions of…?

  • 44) In your opinion, does the YOA help or hinder handling youth crime? If so, in what way?
Process - Recording Practices
  • 45)How do you decide whether to record an incident or not?

(skip #46 and #47 unless Records staff)

  • 46) If you are reporting an incident which involves multiple offenders, how do you decide whether to include each offender?

  • 47) Do all of the incidents that you encounter get reported in the UCR? (all occurrence reports?)

  • 48) Is there a method of formal or informal internal tracking of persistent young offenders? If so, what criteria?

  • 49) Is there a procedure in place to record AM dispositions so that youth who have had AM don't appear to be first time offenders?

  • 50) Is there a procedure in place to record informal dealings with apprehended youth?

  • 51) How effective do you think these recording practices are?

  • 52) Are there any types of information that you feel would be useful to record in helping you handle youth crime?

  • 53) Finally, are there any difficulties that you encounter in the day to day handling of youth crime which we haven't covered?

Thank You