Chapter One, Introduction Flashcards
Antisocial behavior vs violent crime
Canadians are more likely to experience incidents of antisocial behavior: objectionable conduct (drunk and disorderly etc.) that reduces the quality of our lives, most of which are are infractions of local bylaws or minor Criminal Code offenses
Department of Justice definition of law: l
laws are rules that forbid some behaviors and are enforced by the courts to reduce fear, chaos, disorder and provide a way to resolve conflicts
Informal Social Control:
methods of social control that are not dictated by written law (includes social norms)
Canada v. Bedford Case
Parliament has the power to regulate nuisances but not at the cost of the health, safety, and lives of prostitutes
Not a crime to sell sex for money
TOOK ONE YEAR FOR THIS TO ACTUALLY BE ENFORCED, DURING THIS TIME POLICE WERE STILL ARRESTING PROSTITUTES
Questions balance between public good and private freedoms
Public vs. Private Law
Public law: regulates relationship between individual and society; breaking a public law is a crime against the collective
Private law: includes civil law, refers to the relationships between individuals that often involve contracts and the courts can become involved when disputes over these arrangements occur
Constitution Act ss. 91 and 92; Federal, provincial, municipal jurisdiction
Constitution Act, 1867, SECTION 91, sets out the federal powers and SECTION 92 sets out provincial powers
Federal government has exclusive authority to enact legislation regarding criminal law and procedure; protects national security
Provincial government: controls operations of the local courts, provincial policing, and operations of correctional centers
Municipalities can only enact minor bylaws
Crime Classifications
Malum in se (mala in se): offense that is universally evil (murder/kidnapping)
Malum prohibitum: deemed wrong bc the government says so (dangerous driving, prostitution )
Indictable vs summary vs dual offense
Indictable Offenses (malum in se): more serious
Summary Offenses: less serious
Dual Offenses: crimes that could be processed as either; DECISION IS MADE BY CROWN PROSECUTOR TO SEE HOW TO PROCEED
5 Core Roles for Police Agencies:
crime prevention, law enforcement, maintaining the public peace, emergency response, assistance to victims of crime
Most of cops time is spend preventing crime rather than “law enforcing”
Court divisons
(1) Provincial/Territorial Courts: handle most of the cases that come into the system
(2) Provincial Territorial Superior Courts: more serious crime, ALSO PROCESS THE APPEAL FROM 1
(3) Court of Appeal
(4) Supreme Court
Inferior courts: provincial and territorial courts, also hear youth offenses, small claims, family, traffic law
Superior courts: more major criminal prosecutions,
Appellate courts: review decisions and can overturn/uphold decisions or sentences
Court Martial Appeal Court of Canada: military appeal courts
Supreme Court: jurisdiction over ALL areas of law
Jails vs detention centres vs correctional facilities vs special handling units
Jails: older facilities, originally built and run by city governments (NOW OPERATED BY THE PROVINCE)
Detention Centres: people arrested awaiting court dates
Correctional Facilities: hold inmates sentenced to two years or less
Special Handling Units: offenders that are dangerous or difficult to deal with (Confined to their cells 23 hrs a day)
Day Parole: correctional centers allowing inmates to enter the community in a structured and gradual manner, grant day parole to attend school, treatment, or work during the day and return to community correctional centerin evening
Secure vs open custody facilities
Secure Custody Facilities: youth kept in a high security environment
Open Custody Facilities: community based operations that tend to be small, allow youth to work or go to school and return in evening
Filtering, sequencing in processing
Lots of subjective choices in the justice system (Choosing to give someone a ticket or let them off with a warning)
Filtering: only a small percentage of people charged with committing a crime are ever sentenced to prison
Sequencing: handling of people suspected of wrongdoing follows a set pattern (justice system cannot punish people before conviction, etc)
Challenge of re-integrating offenders into society
First challenge: attempting to reduce reoffending when returning prisoners to the same conditions they were in before (involving substance abuse, poverty, etc.) is basically counterproductive
Second challenge: short incarceration makes it difficult to provide meaningful rehabilitative opportunities
What racial group has the highest rate of violent victimization?
INDIGENOUS WOMEN IN CANADA ARE AT THE HIGHEST RISK OF VIOLENT VICTIMIZATION OF ANY RACIAL OR ETHNIC GROUP, 3 TIMES MORE LIKELY TO BE MURDERED REPRESENT 4% OF CANADAS FEMALE POPULATION BUT NEARLY A THIRD OF PRISON POPULATION, TWICE AS LIKELY TO LIVE IN POVERTY
