Chapter 1: An overview

Question 1

crime control model would argue that the accused does not have to testify before the court. T or F

Answer 1

False. they do because that is seen as the only way to get the truth

Question 2

what are the 3 main purposes of the justice system?

Answer 2

• Control crime - prevent crime - maintenance of justice

Question 3

define case attrition

Answer 3

cases dropping out of the criminal justice system.

Question 4

what are the 3 issues that hinder the justice system?

Answer 4

Multiple Mandates: police critical of courts cuz they work from diff. framework

Obstacles to info sharing: recording and maintaining information (suited to own particular interests)

Diversity and Complexity of System: Our priorities change in the system, consinously evolving. = challenges for all in the system. Criminal behavoir complex

Question 5

describe the Due process model

Answer 5

Purpose: protection of rights of the accused

Priorities: prevent abuse of power by the state. assurance of integrity and fairness of system.

Assumption: innocent until proven guilty

Policies: monitor and control police authority and power. ensure independent and impartial judicial process. ensure proportional and justifiable punishment

Question 6

Canadians appear to be more negative about their justice system, and rate the justice system less favourably than most other institutions. T or F?

Answer 6

False. They see the justice system more positively BUT still see it less favorable to other institutions

Question 7

what are the 4 components of the justice system?

Answer 7

• Police - courts - corrections - community

Question 8

courts are more highly rates then police who are more highly rated then corrections. T or F

Answer 8

False. Police more highly rated then courts

Question 9

all 4 components of the justice system are disconnected. T or F

Answer 9

False. they are interconnected

Question 10

a system that stresses a due process model would result in an increase in wrongful aquittals. T or F

Answer 10

True

Question 11

which of the 4 components of the justice system are responsible for “determining guilt or innocense”?

Answer 11

Courts

Question 12

regarding the criminal justice system, the reality is that _____, _____, _____, are hindered

Answer 12

communication, coordination, cooperation

Question 13

As formal system finds it more difficult to achieve justice, they turn the responsibility on the ________. Courts, police, community, corrections

Answer 13

community

Question 14

describe the crime control model

Answer 14

Purpose: control crime. Hardline tough justice

Priorities: punish offenders. Deterence. protect society. advocates incarceration. efficient administration of justice (function as assembly line -> lock up as many as seen fit)

Assumption: guilty until proven innocent (police weed out all innocent individuals early THUS remaining are probably guilty)

Policies: increase police officers and expand their authority. enhance prosecutorial powers. increase correctional facilities. increase severity of sentences.

Question 15

briefly describe the Law commission of Canada (include its history and its purpose)

Answer 15

• importance of due process (protect individual rights and freedoms)
• punishment should fit the offence as well as offender
• uniformity and consistency (justice cannot be arbitrary) purpose/history
• specifically designed as an impartial body responsible for reviewing canadian law and recommending modernization of our systems.
• independence from gov bureaucracy
• served as important check on gov -> not around any more cuz conservs in 06 took it down -> easier for politicians to get their way

Question 16

talk about how the population sees crime prevention.

Answer 16

public prioritizes crime prevention BUT they prioritize punishment over rehabilitation

Question 17

who coined the 2 models of criminal justice? what are they? what did he argue?

Answer 17

Herbert Packer -> due process -> crime control the idea is for neither of the 2 models to dominate. they should be balanced. tensions in the system demonstrates the 2 models pulling ppl into diff directions. these models are idealized types

Question 18

what program has made the role of the community more important?

Answer 18

restorative justice

Question 19

define founded

Answer 19

cases that are identified and reported to the police

Question 20

which component of the justice system is closely alligned with the general public?

Answer 20

Police

Question 21

what is an example of due process?

Answer 21

requiring police to obtain permission by courts prior to placing a wire tap on a suspect