CJS 109: Final exam Flashcards
What are the factors that must be present in order to find the suspect guilty
-Actus reus: the act of crime
-Mens rea: the intent or mental state during the ac
What are the components of CJS in Canada
-Law enforcement: policing
-court system: attorneys, judge, juries, etc.
-correction system: sentencing and punishment
Crime vs. Diveance
-Crime: breaking the law
-Deviance: against norms and value of society; non and criminal behaviours
moral entrepreneurs
job to:
-criminalize activities
-act against certain groups and behaviours
-forces legislations to law criminal statues
Value consensus model
-crime and punishment reflect on shared beliefs
-“mala in se” wrong in themselves
Conflict model
crime and punishment reflect on the law influenced by the higher groups
Substantive law
states the crime that are against the law; criminal code
Procedural law
defines procedures and clear process to ensure fairness
Public law
-prosecutor represent the state; criminal, constitutional, administrative, civil
private law
-dispute between two parties; contract, family, estate
Common law
-base on custom, tradition, practice
precedent law
-judicial decision
Stare decisis
- stand by what is decided
-lower courts follow precedent made by higher courts
Functions of criminal law
-mechanism for social control
-maintain order
-define what is and is not acceptable
-assist in general and specific deterrence
-prosecute criminal behaviour
-protects group interest
-reduce personal retaliation
rule of the law
-describes rights and beliefs that creates fair and just system
-equality, transparency, independent judiciary, accessible legal remedy
-accountability
-public and clear
-fair and efficient
-timely and ethical
Charter of rights and freedom
Democratic - s. 3-5
mobility - s.6
legal - s.7-14
equality - s.15
language - s.16
What is section 7: principles of fundamental rights
-no individual is denied their basic rights
-protect legal rights of suspects and convicted person
Goals of the CJS
-protect; peace, prevent, investigate
-fair outcomes of cases
-treatment and rehabilitation
what is Public perception
-idea of justice for all
-respect rights
-safety and security
What are the roles and responsibility of government
-Constitution act- division of responsibility
-federal government- decides which act is criminal offence
-provincial/territorial- law enforcement and administering CJS
Crime control model
-protection of community and apprehension of offenders; maintain public order, conviction, arrest, serve punishment, principle of detterence
Due process model
-legal rights of all people; fair justice proceedings, rights are protected and respected, applies to criminal and civil matters, charter rights=equalizer, discover truths
Adversarial system
-opposing parties present their case
-judge, juries, and public make a just decision
-presumption of innocence>burden of proof>innocent/guilty
Flow of cases through CJS
incident>police system>criminal court system>correction and parole
What is the role of discretion in CJS
ability to judge right or wrong
What is detterent
-awareness that there are consequences to such acts
Specific detterence
-prevent recidivism
-punishment
General detterence
-deters others from offending
-lead by example
Restorative justice
-address the needs of victims and offenders
-community involvement
-responsibility=accountability
-healing and support
Retributive justice
- establish blame/guilt
- punishment=accountability
-adversarial state vs. offenders
What is the youth criminal justice act
-extrajudicial measures that:
-is effective and timely response
-acknowledge and repair
-family and community involvement
-opportunity for victim participation
-respect youth rights and freedom
-proportionate to the seriousness of the offence
Social conflict theory
-conflict between social groups over resources, power, opportunity
-policing: racial profiling
-sentencing disparities: minority group receive harsher sentence
-access to legal representation: marginalised groups lack resources
Critical race theory
-examine how race and racism are embedded in societal structure and institutions
-racial hierarchies in the legal system
-racism leads to overrepresentation
-colorblind approach
What is intersectionality
-overlapping of social factors on individuals
Rehabilitation theory
-emphasizes rehabilitation and reintegration
-address root cause=reduce recidivism
Deterrence theory
-punishment prevent future offenders to commit crime
Retributive theory
-balance between offence and punishment
-consider the seriousness of the crime for sentencing
Community police theory
-emphasis on collaboration
-problem-solving and community engagement
Feminists theory
- CJS response to gender based violence and advocate for gender sensitive approach that recognize women’s experience in the system
-gender inclusive approach
-address domestic violence and sexual assault issues
Uniform crime reporting survey
-reported and validated by the police
-reported crimes collected by the police
-offences include; reported, actual, unfounded, cleared, adults and youth charges
Crime severity index
-measure severity of the crimes
-crimes are given a weight depending on the seriousness of the crime
General social survey
-perception of Canadians related to cjs
-experience w/ victimization
-self-reported data
What are the primary activities of the police
-crime control; respond, investigate, community patrol
-oder maintenance; prevent and control, conflict intervention
-prevention and service; collaborate w/ community, provide more services
What is qualify-life policy
- involvement in the community; develop and sustain, take initiatives, reassurance, outreach, collaboration, accessible resources
Government and oversight
-Police acts: legislative framework
-policing standards: how police are maintained and delivered
-police board and commissions: provide oversight of police
Police oversight
-authority
-oversees complaints
-investigate
-misconduct hearings under police service act
Structures of policing in Canada
-Federal (RCMP)
-provincial
-regional/municipal
-indigenous
Policing person with mental illness
-crisis intervention training received by police
-assertive community treatment team
Missing and murdered indigenous women
-National inquiry into missing and murdered indigenous women and girls (MMIWG)
-find the truth, honour the truth, bring life to the truth
How to improve police-citizen relationships
-leverage patrols
-enhanced community panels
-community policing initiatives
-community engagement
-empowerment
summary offence
-max penalty of 5000$ or 6months in provincial court
-resolved in provincial court
Indictable offences
-max sentence 14yrs - life
-jurisdiction in provincial court, superior court, electable offences(right of accuse to choose the judge)
Hybrid offences
- summary or indictable offence
-decision by the crown
-no jury trials in provincial court
electable offence
-indictable offence can be electable offence
-accused can choose trial by provincial/territorial court judge, or superior court judge alone of with a jury
Preliminary hearing
determines if:
-evidence is present to warrant a criminal trial
-there is a prima facie case (the standard of proof under which the party with the burden of proof need only present enough evidence to create a rebuttable presumption that the matter asserted is true.)
–provincial court hears from the crown witness
–judge determines if evidence is available to prove guilty
Laying an information
-police responsibility
-outline allegations of the crime
-warrant for arrest or summons to appear will be issued
Laying a charge
-police and crown decides
-crown must approve before police can lay a charge
Arrest
-can arrest without a warrant
-released or kept in custody
-arrest without a warrant/summary/elective offences/indictable offence
Judicial interim release (bail)
-overseen by a justice of the peace or superior court judge
-brought to court within 24h
-released or kept in custody
-CC requires judges to released an accused person after bail unless crown shows why the released can be denied
-crown must show that detention until trial is necessary at cause hearing
-accused may asked to enter a recognizance
Bail conditions:
-statutory - reporting to a bail supervisor
-no alcohol/drugs, house arrest, etc
-young offender must live with a guardian
-JP/Judge decides release of accused
Pretrial remand
-accused individuals who have been charged and detained in custody
-denied bail
-yet to appear before a judge
-awaiting sentencing
-awaiting commencement of custodial sentence
Fitness to stand trial
-accused who cannot understand the object and consequences of the proceedings due to mental disorder
-guilty; sentencing/for trial, not; bound over
Plea bargaining
-discussion between the crown prosecutors and defense surrounding the charges
What is the role of the Judge
-decides guilt
-decides on true facts
What is the role of the jury
-Citizens
-instructs the law applied to the case
Disclosure of evidence
-name and address of witness
-surveillance cams
-expert witness
-examination result from the accused
What is the crown
-guilty beyond reasonable doubt
-call witness
-present evidence
What is the defence
-motion to dismiss; formal request to dismiss the case
-cross examine witness; question witness
-challenge validity of the evidence
appeals
-can be made after a court case
-crown prosecutor and defence can make an appeal
-involves “question of law” and “questions of facts”
Wrongful convictions
-consequences of events
-eyewitness identification and testimony errors
-false confessions
-testimony of in-custody informers
-defective, unreliable, unconfirmed expert testimony
Purpose of sentencing
-protect society, respect the law and maintain just
Principle of sentencing
-unlawful conduct, harming the community/victims
-deter offenders and others from reoffending
-separate offenders from society
-rehabilitate offenders
-reparations for victims
-accountability from the offenders
-sentence is proportionate to the crime (principle of restraint)
Goals of sentencing
-Utilitarian: general deterrence, specific deterrence, rehabilitation, incapacitation
-Retributive: denunciation, retributive
-Restorative: resolve problems, protect public, involves offender, victim, and community
Sentencing options
-Discharge: Absolute, Conditional
-Fine
-Forfeiture
-Probation
-Sentence: Sentence, conditional, intermittent, imprisonment
Dangerous offender designation
-indeterminate sentence upon conviction
-crown makes a formal application after conviction
-offender is detained to federal prison
First threshold
-At least 1 serious personal injury offence
Second threshold
-Pattern indicates offender has difficulty controlling behaviours
Dangerous offender designation
-offender is a threat to others
Long term offender designation
-2+ year sentence
-risk of recidivism
-long term supervision order
-supervised by parole officer for up to 10y
Sentencing Indigenous offenders
-Alternative sentencing; consider unique systemic factors
Judicial decision making
-identify relevant factors and law, and combining to create the correct outcome
-sentence must fit the crime
-Case law precedent; similar case, offender, circumstance=similar sentence
mandatory minimum sentence
Victim impact
- VIS can be presented during sentencing stage
Community impact statement
describes the impact of the crime to the community and how it affected them
What is systemic racism
-systems create/maintain racial inequity, practices and procedures that privilege some and disadvantage others
- Plays in:
.over policing marginalised groups
.justice and education system issues
.legacy of colonisation
.health
.hirings
.immigration
who are identified as systemically excluded groups
-those who have faced systemic discrimination, barriers, and oppression
-disadvantaged and underrepresented
What is Intersectionality
-overlapping identities, creating a unique and diverse experiences, and recognizing ways in which people experience racism and disadvantages
unconscious bias
-attitude and stereotypes that is unconsciously apply towards other people
-shaped by backgrounds, experience, culture
-influences our actions, attitdues, decision-making
what causes overrepresentation of Indigenous people
-colonialism
-displacement
-socio-economic marginalization
-cultural marginalization
-systemic discrimination
What is the purpose of truth and Reconciliation commission
-eliminating overrepresentation
-fund, implement, and evaluate community sanctions
-address, prevent, and respond to the needs of those with Fetal Alcohol Spectrum disorder (FASD)
-provide culturally significant services to inmates
-create and fund accessible Indigenous specific victim programs
-recognize and implement Indigenous justice system
Solutions to overrepresentation of Indigenous people in CJS
-Glaude
-cultural awareness training
cultural competency and implicit bias training
-sentencing and implicit bias reform
-indigenization
Impact of Racism
-education; suspensions and expulsions
-over policing racialized communities
-unwarranted stopes, arrests, and search
-discretion usage; sentencing disparaties, parole consideration, confinement alternatives.
Perception of risk
- media focuses on sensational crime and can impact public perception, distorted expectation on victims, create unrealistic fears, political and justice implications
Victim precipitation theory
-Active: provoke offender through actions, threats, and taunts
-Passive: victim posses characteristics that attract offenders
Life style theory
-high risk lifestyle; homeless, substance use
-youth; school property
-sex trade; sex trade work vs. escort service and message parlour workers
equivalent group hypothesis
-victims are also offenders
proximity hypothesis
wrong place, wrong time
deviant place hypothesis
natural areas for crimes exists
routine activities theory
-crime is a normal function in modern time
Government response to victims
-victims can be present during judicial proceedings
-protect victims and witness from intimidation
-require restitution
-programs of victim compensation
-allow the use of VIS at sentencing
-funding victim compensation and assistance projects
Court service
-witness protection programs
-court escort and pre-trial safety
-peace bonds/restraining orders
-publication bans, rape-shield provisions and in camera hearings
-service animals
Victim programs and policies
-receive information about the vicim’s role in the proceedings and ask what assistance they need
-victim and families safety, give opportunity to voice out their perspective of the crime
-CJS personnel is sensitive to the victims needs
Jian Ghomeshi Trial
-controversy on how SA victims should be treated
-complaints faced intense scrutiny in cross examination
-question victims credibility
-lack of victim support
-lack of adversarial system preparation
-high burden of proof required
Community corrections
-structure, policies, programs given by the government, non-profit organizations, or community to punish, treat, sanction, and supervise offenders
Non-carceral corrections
-served in the community
-alternative confinements (probations)
-programs for offenders released from correctional ins.
Carceral corrections
-served in jail, correctional inst. by the provincial, territorial, or federal government
Federal vs Provincial
Federal: 2+y, parole statutory release and temporary absence
Provincial: 2-y, probation, conditional sentences, parole and temporary absence
Absolute and conditional discharge
Absolute: convicted but not guilty, criminal record removed after 1y
Conditional: guilty and in probation
Suspended sentence
-avoid incarceration in return for serving in probation
-criminal record
Fines
-Amount payed
-must have the ability to pay and the pay must be proportionate to the crime
Diversion
-avoid offender from going further into the CJS
-it helps reduces cost, minimize social stigma, and address factors that contributed to the offence
Conditional sentence
-term of confinement served in the community and supervised by probation officer
-they must fulfil certain conditions and failure to do so leads them back to court
Probation
-no minimum penalty is prescribed
-part of: conditional discharge, suspended sentence, intermittent sentence
-conjunction with Conditional sentence
-following a prison term of 2yrs or less
Electronic monitoring
-monitor offenders activities who are under supervision while being in the community
-imposed by sentencing judge
-condition of early release
-ensure public safety
Roles and responsibilities of a probation and parole officer
-assess offenders
-provide individualized case management
-supervision includes reports and collaterals, working groups, and interprofessional consults
Assessment by probation and parole officer
-identify the clients risk and needs
-prepare pre-sentence reports (PSR) for adult offenders to be given to the judge at sentencing
Supervision probation and parole officer
-establish and maintain rapport, consider the risk and needs of the client and provide balance between control and assistance
Dual role of probation officers
-help offenders address issue contributing to the offence
-identify treatment programs, courses and services
-enforce conditions and compliance of probation order
Addressing risk and needs
-comprehensive risk assessment
-determines risk and needs
-ints. and community settings
-rehabilitative programs and interventions
Risk assessment
-criminal history
-substance use
-family/marriage
-education/work
-peers
-antisocial involvement
Intensive probation supervision
-Mainly used for youth
-surveillance of probationers
-treatment interventions
-making sure offenders are employed
-reduce caseloads for probation officers
Community rehabilitative programs
-impact recidivism
-compliment community supervision initiatives
-focuses on
.substance use
.anger management
.domestic vioence
.sex offenders
.anti-criminal thinking
Record suspension
-application requesting to remove criminal record from the CPIC
