Chapter 2 - Understanding the CJS Flashcards
purpose of the CJS
- The notion of “justice” for all persons including victims, offenders, and the community
- Respecting the rights of victims and offenders
- Ensuring the safety and security of communities
role and responsibilities of governments in the CJS
- Each level of government in Canada plays a role in the CJS
- The division of responsibilities between the federal and provincial governments was spelled out in the Constitution Act, 1867
- The federal government decides which behaviors constitute criminal offences – they are responsible for the Criminal Code
- The provincial/territorial governments are responsible for law enforcement and for administering the justice system
2 competing perspectives on the value systems of criminal justice
the crime control model
the due process model
the crime control model
the protection of the community and the apprehension of offenders are paramount
- Protection of public through deterrence and incapacitation of offenders
- Criminal offenders are responsible for their behavior
- Administration of justice should be swift, certain, and efficient
- Strong presumption of guilt
- Model reflects conservative values
the due process model
the legal rights of individual citizens, including crime suspects, are paramount
- Ensure equal justice for all citizens, regardless of wealth, social status, or political connections
- Criminal offenders are responsible for their behavior
- The administration of justice must be deliberate and ensure procedural fairness
- Ensure rights of criminal defendants are protected and that the powers and discretion of criminal justice decision makers are structured and confined
- Presumption of innocence and onus is on CJS to prove guilt. The possibility exists that a defendant may be factually guilty but legally innocent if proper procedures and rights of the accused have been violated
- Reflects liberal views
adversarial system of criminal justice
A system of justice that’s based on two opposing sides – the prosecution and the defence both arguing the guilt or innocence of a person before a judge or jury
- In criminal cases, the defence lawyer and prosecutor present their cases before a neutral judge. Truth will emerge from documents presented in court
- The standard that must be met by the prosecution is proof beyond a reasonable doubt
- Presumption of innocent (innocent until proven guilty) – burden of proof (crown must prove guilt beyond reasonable doubt) – innocent or guilty? (judge will make decisions on the evidence)
role of discretion in the CJS
The freedom to choose between different options when confronted with the need to make a decision. Criminal justice personnel:
- Respond to a wide variety of events in a wide variety of settings in conditions that often are not ideal
- Carry out tasks within the framework of written laws and policies but also exercise considerable discretion when making decisions
- Are influenced by many factors when they make discretionary decisions
task environment
The cultural, geographic, and community setting in which the criminal justice system operates and justice personnel make decisions
- range from small Inuit villages to inner-city neighborhoods in major urban centres, like Toronto
- Its characteristics influence the types of crime that justice personnel are confronted with, the decision-making options available, the effectiveness of justice policies and programs, and potential for developing community-based programs and services
ethics in criminal justice
- The foundation of knowledge that describes right/wrong or better/worse and applies harm/care and fairness/reciprocity
- The focus on ethics highlights the presence of moral issues in the CJS
- The CJS is first and foremost a **human enterprise ** - decisions based on professional judgement and experience, ethical dilemmas come up often
public confidence and trust in the CJS
The CJS system requires that the public have confidence and trust in it for it to be effective. Research suggests that Canadians may only have a “moderate” level of confidence in the criminal law and that many persons have a general lack of trust in the system
- Most Canadians have very little understanding of the CJS and how it works
- They also tend to overestimate the amount of crime and the levels of violent crime
- A survey found that people believed about 50% of crime involved violence, when the actual number is much lower
deterrent effects of the CJS
Studies of the deterrent effect of the criminal law suggest that the law can serve as a deterrent only when certain conditions are present:
1) People must be aware that there are legal sanctions that will be applied if they engage in certain behaviors
2) There must be certainty of punishment
3) The sanction must be applied swiftly when a crime is committed
- There are a variety of reasons people choose not to violate the law, such as pressure to conform from family, employment, and peers
- For those intent on committing crime, it is likely that the criminal law and the criminal justice system offer little in the way of deterrence. The “catch” rates for many types of crime is quite low, punishment is far from swift, etc
- Also unlikely that the system is much of a deterrent for those with mental illness, addictions, or other impairments/disabilities
restorative justice
provides an alternative framework for responding to criminal offenders
It focuses on:
- Problem-solving
- Addressing the needs of victims and offenders
- Involving the community on a proactive basis
- Fashioning sanctions that reduce the likelihood of reoffending
