Americanization of the CJS Flashcards
What is he Criminal Justice System
-organized and institutional reaction to criminal behaviour
What is the goal of the Criminal Justice System?
Social control of criminal behaviour and the protection of the public
What is the Criminal Justice System comprised of?
the police the courts and corrections
What are 3 Purposes of the CJS?
- To PREVENT crime 2. To CONTROL crime 3. To MAINTAN justice
What is the LEGAL definition of crime?
Crime is the behaviour prohibited by the criminal code -it is a crime if it is against the law
What is the SOCIAL definition of crime?
Crime is a behaviour which violated social norms
What is the problem with the social definition of crime?
social norms change from location to location; the definition of crime varies in different locations; this is not true for everyone
What is the SOCIAL CONSTRUCTIONIST definition of crime?
Crime is a behaviour so defined by the agents and activities of power; Crime is defined by the ‘agents of social control’
What is the culture of control - explained by Garland 2001
Dissolution of penal warfare correctional responses during the 1970s in western regions; sense of “confident progress” Reappearance of penal policies that are emotionally charges and punitively driven
What is the punitive turn?
appearance of penal policies that are emotionally charges and punitively driven policies that are put in place to inflict or intend punishment policies that are put into place to decrease the crime rate
What are some examples of modern penality, that make a ‘comeback’ under cultures of control?
-Death penalty -Corporal Punishment -Three Strikes Sentencing -Laws Named after victims -Sex Offender Registries
What are cultures of control?
Dismissal of penal policies. Those penal policies reappear being emotionally and punitively driven
What is the definition of punitive?
Inflicted or Intended punishment
What does Beck (1992) mean by risk society?
A perpetual sense of crisis
What is the rise of victim-centred crime policy?
they take more into account what happens to the victim –> the victim impact statement
What is Incapacitation?
Positively preventing (rather than just deterring) future offenders. Imprisonment incapacitates the prisoner by physically removing them from the society
Trend in faith/trust in government and police
Declining
What justifies the era of prison works?
Incapacitation -Physically removing offenders from society
How is Canada a softer culture of control?
-Canada has not experienced the same rise of culture control; -thus they failed to capture the complexities of the criminal justice responses - Canada has cultural associations as a civilized and “peaceful place” –> canada has no war on drugs –> goals of rehabilitation and community re-integration
What is the liberal veil?
liberal discourses masking punitive practices Practices that inflict or intend punishment Ie. Therapeutic punishment
Who is associated with the liberal veil?
Canada
What is the goal of bill C-10?
tackling crime standing up for victims making communities safer
2012 Omnibus Crime Bill C-10
“safe streets” and “communities act” INCLUDES: -new criminal offences -new and increased mandatory minimum sentences (for things like non-violent crimes as drug trafficking) -increased use of pretrial detention -new and harsher sentencing principles for young offenders
What are the critiques of the Canadian Civil Liberties Association?
-argues longer prison sentences don’t really work -longer prison terms increase chance to relapse, and make their relapse worse (exacerbate recidivism)