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DELINQUENT ORDER - COMMISSIONS OF INQUIRY ON POLICE AS POLITICAL INSTRUMENTS

NCJ Number
64020
Journal
Deviance et societe Volume: 3 Issue: 1 Dated: (MARCH 1979) Pages: 1-22
Author(s)
J P BRODEUR
Date Published
1979
Length
22 pages
Annotation
THE SCOPE, METHODS, RESULTS, AND CONCLUSIONS OF A CANADIAN RESEARCH PROJECT ON PUBLIC INQUIRY COMMISSIONS CONCERNING OFFICIAL CORRUPTION ARE REPORTED.
Abstract
THE STUDY COVERS 10 INQUIRIES CONDUCTED BETWEEN 1894 TO 1966 IN CANADA (8 IN THE PROVINCE OF QUEBEC). INQUIRY REQUESTS ORIGINATED WITH EITHER PUBLIC OFFICIALS OR PRIVATE INDIVIDUALS AND CONCERNED POLICE CORRUPTION, IN 9 OUT OF 10 CASES WHICH INVOLVED TOLERANCE OF SUCH VIOLATIONS AS PROSTITUTION, ILLEGAL GAMBLING, AND THE ILLEGAL SALE OF ALCOHOL IN RETURN FOR PERSONAL FAVORS. IN ANALYZING THE WORK OF THE COMMISSIONS, THE RESEARCHERS NOT ONLY CONSIDERED THE OFFICIAL REPORTS OF THE COMMISSIONS, BUT ALSO THEIR IMPACT-ON AND PRESS REPRESENTATION OF PUBLIC OPINION. THREE GENERAL CHARACTERISTICS OF ALL PUBLIC INQUIRIES WERE DISCOVERED: (1) REPETITIVENESS (I.E., OVER THE YEARS, THE SAME TYPES OF OFFENSES OCCURRED CONSTANTLY, OFTEN EVEN WITH THE SAME OFFENDERS); (2) RETROSPECTIVENESS (I.E., THE INQUIRIES DEALT WITH CONDITIONS WHICH WERE ALREADY PAST AND THEREFORE HAD NO FUTURE PREVENTIVE EFFECT); AND (3) INEFFECTIVENESS (THEY ALMOST NEVER PRODUCED CONCRETE CHANGES). THE LATENT FUNCTIONS OF SUCH INQUIRIES ARE POLITICAL AND IDEOLOGICAL IN NATURE, PRODUCING FOR THE PUBLIC THE APPEARANCE OF POLITICAL CHANGE. BY PROSECUTING A FEW SPECTACULAR CASES OF OFFICIAL CORRUPTION, THEY PRETEND TO A WILLINGNESS TO CONTROL ALL ABUSES OF POWER. THE MAIN JUDICIAL EFFECT OF THE PUBLIC INQUIRY COMMISSIONS HAS BEEN TO HASTEN THE BREAKDOWN OF THE JUDICIAL PROCESS INTO TWO SEPARATE COMPONENTS, ONE OF WHICH CONSTANTLY DENOUNCES THE CORRUPTION OF THE 'POWER ELITE' WHILE THE OTHER IS REPRESSING WITH INCREASING INEQUITY THE OFFENSES OF THOSE WHO WIELD NO POLITICAL POWER. THE ARTICLE CONTAINS FOOTNOTES AND NUMEROUS CASES EXAMPLES. --IN FRENCH. (SAJ)

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