ARCHIVAL RESEARCH

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ARCHIVAL RESEARCH

• Ill be Watching You A Socio-legal Analysis of
  Criminal Harassment Cases in Canada, 1993 - 2003

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Physical Trace and Archival Measures

• Definitions
• Physical Trace any physical deposits that may
  be collected and analyzed to understand our
  current and past selves
• Archival Methods perhaps only subcategory of
  physical trace
• - defined as any information that is contained
  in hard copy records or documents

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Why use Archival Methods

• to understand people and culture through the
  things we produce
• producing things is part of what we do and
  therefore analyzing the things we produce is
  another way to learn about us (and others) as
  people
• historical research as a means of understanding
  the past

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Physical Trace and Archival Methods

• Advantages
• reduce problems of reactivity
• anonymous and inconspicuous
• if historical allows for longitudinal analysis
  within context of past events
• generally less expensive to gather data

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Physical Trace and Archival Methods

• Disadvantages
• subject to selective deposit, selective survival
  and erosion
• must be sensitive to ways in which data
  availability constrains their conclusions and
  range of theory that can be developed
• different recorders may make a difference to data
  
• influence of context of production

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Criminal Harassment in Canada

• Canadian legislation prohibiting criminal
  harassment was implemented in August of 1993
• legislation sought to better protect those who
  were stalked without the requirement that the
  accused intended to harass or cause fear for the
  victim.

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Who are the Targets?

• Intimates or Former Intimates (50-70)
• In majority of these incidents harasser is male
  and target is female (80-90)
• Acquaintances
• Strangers

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When are Charges Laid?

• charges can be laid when it can be proved that
  the actions of the accused caused the victims
  to fear for their safety or the safety of anyone
  known to them. Criminal harassment is an offence
  under section 264 of the Criminal Code

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My Study

• Examines reported Canadian cases of criminal
  harassment
• Focus on those cases that involve former intimate
  partners
• Chose to focus on intimate partner violence
  because this represents the majority of incidents
• Also know that criminal harassment frequently
  preceded by intimate violence

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Method

• Chose to use archival methods
• Why?
• Because of ease of data gathering
• Lack of research re this particular topic
• Avoiding the REB
• Appropriate method to explore my area of interest

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My Sample

• Identified 110 cases that included the offence of
  criminal harassment between former intimate
  partners
• 66 cases were included in the data set for
  analysis

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Coding the Data

• Data were coded according to details provided in
  case using a coding scheme
• Designed to capture details of cases and to
  identify themes and trends that emerged from the
  data

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Coding Sheet

• ID ______ Case __________________________
  ___ Date
•  
• Type of Case Trial Sentencing Appeal -
  conviction sentence Constitutionality
•  
• Court Prov Superior Municipal BC Review
  Board CA SCC
•  
• Accused Age ____ Gender M F Employment
  Status U/E P/T Occ FT UK
• Drug Use Alcohol Use
•  
• Victim Age ____ Gender M F

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Coding Sheet

•  

Relationship Current Spouse Former Spouse
Other _____________________   Charges and number
of counts CH Breach     Proceed by
Summary Indictment Unknown   Previous
Record None U/K Domestic Assault
Assault unrelated Harassment related Crim
Har Violent Property Other Breach
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Coding Sheet
Outcome of Case U/K Not Guilty NGRMD
Guilty (plea or finding) Stay If Stay
U/K Insuff. Evid Victim request Vict.
non-coop Plea to other charges
Medical Other _________________ Peace
Bond _________________ If appeal upheld
overturned dismissed Appeal from Crown
Defence Details     Sentence conditional
Jail _________ Probation _________ Conditions
_________     Refer to Victim Impact Statement
Y N Considered Y N Seriousness
of Offence Detail
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Coding Sheet
Victim Injury None U/K Minor Physical
Serious Physical Serious
Psychological Minor Phys/Ser Psych
Ser Phys Psych Death   Nature of
Harassment U/K Phone/letter/email
Send Flowers/gifts Stalking
Personal Contact (home work other)
Repeated Threats (3) Threats in Person
with Weapon Physical violence
with Weapon Other __________________________
  Length of Harassment -1 mo 1-3 3-6
6-12 12 U/K   Number of Contacts 1-2
3-10 10-20 20 U/K
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Coding Sheet
ISSUES   Use of term stalking hunt
prey pursuit ________________________ Accused
as obsessed disturbed sick pathological
mentally ill psychotic __________ Reasonab
le fear Intent mens rea subjective
objective Romance courtship erotomania
Victim Credibility Dynamics of Domestic
Violence Threat to Public Safety Use of
sentencing Section 718.2
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Data Entry

• Once data coding was complete each case was
  entered into an SPSS data file to assist with
  analysis

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Year Case Reported
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Geographic Location of Court
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Preliminary Themes

• the role of the psy professions in the legal
  process
• attention to the credibility of both the
  victim and the offender
• discussions of the impact of the offence
• familial ideolology or discourse regarding the
  role of the participants in relation to
  constructs of the traditional family
• Discourse re the dynamics of intimate violence
  and its relationship to criminal harassment

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R v R.G. (2001)

• ... my diagnostic impression was of a severe
  personality disorder. This personality disorder
  was characterized by marked antisocial features
  such as rebelliousness, hostility, impulsivity
  and poor frustration tolerance. I judged Mr.
  R.G.'s potential for conflict with authority
  figures and for acting in socially irresponsible
  ways to be high. Conversely, his capacity to
  profit and learn from his experiences was deemed
  to be limited ...

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R. v. Meyerson 2002

• The wife's evidence was vague and uncertain,
  fraught with unreasonable emotion, and not
  substantiated by an independent evidence.  Her
  attitude towards communications with the children
  bordered on the paranoid.  Her credibility also
  suffered from her failure to resort to the
  Superior Court for redress.  A reasonable doubt
  was raised as to whether Meyerson's
  communications were under lawful authority as
  being in the interests of the children's welfare.
  In a similar vein, Crown failed to prove beyond a
  reasonable doubt that Meyerson breached his
  recognizance.  The impugned conduct was
  insignificant.

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R v W.C.D. 2002

• I actually gave serious consideration to
  exercising my jurisdiction of common-law to
  prevent you from communicating with him for the
  next 12 months, because I have such a fear that
  in a weakened state, you may resume some sort of
  communication with him.  I have decided not to do
  that, because I am not sure I have authority over
  you, because you are not really before the court,
  but this is a very, very troubling case.  You are
  obviously a very young woman, you have two
  children, you have been - not just you, all three
  of the women, obviously, have been exposed to his
  bully tactics, but this relationship has to
  stop.  It is very troubling when you sit in the
  domestic courts.  

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R v W.C.D. 2002 Contd

• I don't pretend to understand the dynamics of a
  relationship where abusive is part of it, I don't
  pretend to understand.  I am not being critical
  of you.  Many women made the decision to resume
  relationships with abusive men for reasons of
  emotion, love, whatever, wanting - a desire to
  help, to nurture, whatever, many women, you are
  not the only one, make the decision - which is
  the wrong decision, but I understand that people
  in emotional relationships don't always act
  rationally, but that ends when there are children
  involved.  Whether or not you feel the need to
  protect yourself, you must protect your
  children.  You must protect, particularly J.