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CJS - 109: Criminal Justice system in Canada > CJS 109: Final exam > Flashcards

CJS 109: Final exam Flashcards

1
Q

What are the factors that must be present in order to find the suspect guilty

A

-Actus reus: the act of crime
-Mens rea: the intent or mental state during the ac

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2
Q

What are the components of CJS in Canada

A

-Law enforcement: policing
-court system: attorneys, judge, juries, etc.
-correction system: sentencing and punishment

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3
Q

Crime vs. Diveance

A

-Crime: breaking the law
-Deviance: against norms and value of society; non and criminal behaviours

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4
Q

moral entrepreneurs

A

job to:
-criminalize activities
-act against certain groups and behaviours
-forces legislations to law criminal statues

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5
Q

Value consensus model

A

-crime and punishment reflect on shared beliefs
-“mala in se” wrong in themselves

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6
Q

Conflict model

A

crime and punishment reflect on the law influenced by the higher groups

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7
Q

Substantive law

A

states the crime that are against the law; criminal code

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8
Q

Procedural law

A

defines procedures and clear process to ensure fairness

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9
Q

Public law

A

-prosecutor represent the state; criminal, constitutional, administrative, civil

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10
Q

private law

A

-dispute between two parties; contract, family, estate

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11
Q

Common law

A

-base on custom, tradition, practice

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12
Q

precedent law

A

-judicial decision

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13
Q

Stare decisis

A
  • stand by what is decided
    -lower courts follow precedent made by higher courts
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14
Q

Functions of criminal law

A

-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

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15
Q

rule of the law

A

-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

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16
Q

Charter of rights and freedom

A

Democratic - s. 3-5
mobility - s.6
legal - s.7-14
equality - s.15
language - s.16

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17
Q

What is section 7: principles of fundamental rights

A

-no individual is denied their basic rights
-protect legal rights of suspects and convicted person

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18
Q

Goals of the CJS

A

-protect; peace, prevent, investigate
-fair outcomes of cases
-treatment and rehabilitation

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19
Q

what is Public perception

A

-idea of justice for all
-respect rights
-safety and security

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20
Q

What are the roles and responsibility of government

A

-Constitution act- division of responsibility
-federal government- decides which act is criminal offence
-provincial/territorial- law enforcement and administering CJS

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21
Q

Crime control model

A

-protection of community and apprehension of offenders; maintain public order, conviction, arrest, serve punishment, principle of detterence

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22
Q

Due process model

A

-legal rights of all people; fair justice proceedings, rights are protected and respected, applies to criminal and civil matters, charter rights=equalizer, discover truths

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23
Q

Adversarial system

A

-opposing parties present their case
-judge, juries, and public make a just decision
-presumption of innocence>burden of proof>innocent/guilty

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24
Q

Flow of cases through CJS

A

incident>police system>criminal court system>correction and parole

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25
Q

What is the role of discretion in CJS

A

ability to judge right or wrong

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26
Q

What is detterent

A

-awareness that there are consequences to such acts

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27
Q

Specific detterence

A

-prevent recidivism
-punishment

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28
Q

General detterence

A

-deters others from offending
-lead by example

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29
Q

Restorative justice

A

-address the needs of victims and offenders
-community involvement
-responsibility=accountability
-healing and support

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30
Q

Retributive justice

A
  • establish blame/guilt
  • punishment=accountability
    -adversarial state vs. offenders
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31
Q

What is the youth criminal justice act

A

-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

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32
Q

Social conflict theory

A

-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

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33
Q

Critical race theory

A

-examine how race and racism are embedded in societal structure and institutions
-racial hierarchies in the legal system
-racism leads to overrepresentation
-colorblind approach

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34
Q

What is intersectionality

A

-overlapping of social factors on individuals

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35
Q

Rehabilitation theory

A

-emphasizes rehabilitation and reintegration
-address root cause=reduce recidivism

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36
Q

Deterrence theory

A

-punishment prevent future offenders to commit crime

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37
Q

Retributive theory

A

-balance between offence and punishment
-consider the seriousness of the crime for sentencing

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38
Q

Community police theory

A

-emphasis on collaboration
-problem-solving and community engagement

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39
Q

Feminists theory

A
  • 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
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40
Q

Uniform crime reporting survey

A

-reported and validated by the police
-reported crimes collected by the police
-offences include; reported, actual, unfounded, cleared, adults and youth charges

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41
Q

Crime severity index

A

-measure severity of the crimes
-crimes are given a weight depending on the seriousness of the crime

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42
Q

General social survey

A

-perception of Canadians related to cjs
-experience w/ victimization
-self-reported data

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43
Q

What are the primary activities of the police

A

-crime control; respond, investigate, community patrol
-oder maintenance; prevent and control, conflict intervention
-prevention and service; collaborate w/ community, provide more services

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44
Q

What is qualify-life policy

A
  • involvement in the community; develop and sustain, take initiatives, reassurance, outreach, collaboration, accessible resources
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45
Q

Government and oversight

A

-Police acts: legislative framework
-policing standards: how police are maintained and delivered
-police board and commissions: provide oversight of police

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46
Q

Police oversight

A

-authority
-oversees complaints
-investigate
-misconduct hearings under police service act

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46
Q

Structures of policing in Canada

A

-Federal (RCMP)
-provincial
-regional/municipal
-indigenous

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47
Q

Policing person with mental illness

A

-crisis intervention training received by police
-assertive community treatment team

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48
Q

Missing and murdered indigenous women

A

-National inquiry into missing and murdered indigenous women and girls (MMIWG)
-find the truth, honour the truth, bring life to the truth

49
Q

How to improve police-citizen relationships

A

-leverage patrols
-enhanced community panels
-community policing initiatives
-community engagement
-empowerment

50
Q

summary offence

A

-max penalty of 5000$ or 6months in provincial court
-resolved in provincial court

51
Q

Indictable offences

A

-max sentence 14yrs - life
-jurisdiction in provincial court, superior court, electable offences(right of accuse to choose the judge)

52
Q

Hybrid offences

A
  • summary or indictable offence
    -decision by the crown
    -no jury trials in provincial court
53
Q

electable offence

A

-indictable offence can be electable offence
-accused can choose trial by provincial/territorial court judge, or superior court judge alone of with a jury

54
Q

Preliminary hearing

A

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

55
Q

Laying an information

A

-police responsibility
-outline allegations of the crime
-warrant for arrest or summons to appear will be issued

56
Q

Laying a charge

A

-police and crown decides
-crown must approve before police can lay a charge

57
Q

Arrest

A

-can arrest without a warrant
-released or kept in custody
-arrest without a warrant/summary/elective offences/indictable offence

58
Q

Judicial interim release (bail)

A

-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

59
Q

Bail conditions:

A

-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

60
Q

Pretrial remand

A

-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

61
Q

Fitness to stand trial

A

-accused who cannot understand the object and consequences of the proceedings due to mental disorder
-guilty; sentencing/for trial, not; bound over

62
Q

Plea bargaining

A

-discussion between the crown prosecutors and defense surrounding the charges

63
Q

What is the role of the Judge

A

-decides guilt
-decides on true facts

64
Q

What is the role of the jury

A

-Citizens
-instructs the law applied to the case

65
Q

Disclosure of evidence

A

-name and address of witness
-surveillance cams
-expert witness
-examination result from the accused

66
Q

What is the crown

A

-guilty beyond reasonable doubt
-call witness
-present evidence

67
Q

What is the defence

A

-motion to dismiss; formal request to dismiss the case
-cross examine witness; question witness
-challenge validity of the evidence

68
Q

appeals

A

-can be made after a court case
-crown prosecutor and defence can make an appeal
-involves “question of law” and “questions of facts”

69
Q

Wrongful convictions

A

-consequences of events
-eyewitness identification and testimony errors
-false confessions
-testimony of in-custody informers
-defective, unreliable, unconfirmed expert testimony

70
Q

Purpose of sentencing

A

-protect society, respect the law and maintain just

71
Q

Principle of sentencing

A

-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)

72
Q

Goals of sentencing

A

-Utilitarian: general deterrence, specific deterrence, rehabilitation, incapacitation
-Retributive: denunciation, retributive
-Restorative: resolve problems, protect public, involves offender, victim, and community

73
Q

Sentencing options

A

-Discharge: Absolute, Conditional
-Fine
-Forfeiture
-Probation
-Sentence: Sentence, conditional, intermittent, imprisonment

74
Q

Dangerous offender designation

A

-indeterminate sentence upon conviction
-crown makes a formal application after conviction
-offender is detained to federal prison

75
Q

First threshold

A

-At least 1 serious personal injury offence

76
Q

Second threshold

A

-Pattern indicates offender has difficulty controlling behaviours

77
Q

Dangerous offender designation

A

-offender is a threat to others

78
Q

Long term offender designation

A

-2+ year sentence
-risk of recidivism
-long term supervision order
-supervised by parole officer for up to 10y

79
Q

Sentencing Indigenous offenders

A

-Alternative sentencing; consider unique systemic factors

80
Q

Judicial decision making

A

-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

81
Q

Victim impact

A
  • VIS can be presented during sentencing stage
82
Q

Community impact statement

A

describes the impact of the crime to the community and how it affected them

83
Q

What is systemic racism

A

-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

84
Q

who are identified as systemically excluded groups

A

-those who have faced systemic discrimination, barriers, and oppression
-disadvantaged and underrepresented

85
Q

What is Intersectionality

A

-overlapping identities, creating a unique and diverse experiences, and recognizing ways in which people experience racism and disadvantages

86
Q

unconscious bias

A

-attitude and stereotypes that is unconsciously apply towards other people
-shaped by backgrounds, experience, culture
-influences our actions, attitdues, decision-making

87
Q

what causes overrepresentation of Indigenous people

A

-colonialism
-displacement
-socio-economic marginalization
-cultural marginalization
-systemic discrimination

88
Q

What is the purpose of truth and Reconciliation commission

A

-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

89
Q

Solutions to overrepresentation of Indigenous people in CJS

A

-Glaude
-cultural awareness training
cultural competency and implicit bias training
-sentencing and implicit bias reform
-indigenization

90
Q

Impact of Racism

A

-education; suspensions and expulsions
-over policing racialized communities
-unwarranted stopes, arrests, and search
-discretion usage; sentencing disparaties, parole consideration, confinement alternatives.

91
Q

Perception of risk

A
  • media focuses on sensational crime and can impact public perception, distorted expectation on victims, create unrealistic fears, political and justice implications
92
Q

Victim precipitation theory

A

-Active: provoke offender through actions, threats, and taunts
-Passive: victim posses characteristics that attract offenders

93
Q

Life style theory

A

-high risk lifestyle; homeless, substance use
-youth; school property
-sex trade; sex trade work vs. escort service and message parlour workers

94
Q

equivalent group hypothesis

A

-victims are also offenders

95
Q

proximity hypothesis

A

wrong place, wrong time

96
Q

deviant place hypothesis

A

natural areas for crimes exists

97
Q

routine activities theory

A

-crime is a normal function in modern time

98
Q

Government response to victims

A

-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

99
Q

Court service

A

-witness protection programs
-court escort and pre-trial safety
-peace bonds/restraining orders
-publication bans, rape-shield provisions and in camera hearings
-service animals

100
Q

Victim programs and policies

A

-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

101
Q

Jian Ghomeshi Trial

A

-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

102
Q

Community corrections

A

-structure, policies, programs given by the government, non-profit organizations, or community to punish, treat, sanction, and supervise offenders

103
Q

Non-carceral corrections

A

-served in the community
-alternative confinements (probations)
-programs for offenders released from correctional ins.

104
Q

Carceral corrections

A

-served in jail, correctional inst. by the provincial, territorial, or federal government

105
Q

Federal vs Provincial

A

Federal: 2+y, parole statutory release and temporary absence
Provincial: 2-y, probation, conditional sentences, parole and temporary absence

106
Q

Absolute and conditional discharge

A

Absolute: convicted but not guilty, criminal record removed after 1y
Conditional: guilty and in probation

107
Q

Suspended sentence

A

-avoid incarceration in return for serving in probation
-criminal record

108
Q

Fines

A

-Amount payed
-must have the ability to pay and the pay must be proportionate to the crime

109
Q

Diversion

A

-avoid offender from going further into the CJS
-it helps reduces cost, minimize social stigma, and address factors that contributed to the offence

110
Q

Conditional sentence

A

-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

111
Q

Probation

A

-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

112
Q

Electronic monitoring

A

-monitor offenders activities who are under supervision while being in the community
-imposed by sentencing judge
-condition of early release
-ensure public safety

113
Q

Roles and responsibilities of a probation and parole officer

A

-assess offenders
-provide individualized case management
-supervision includes reports and collaterals, working groups, and interprofessional consults

114
Q

Assessment by probation and parole officer

A

-identify the clients risk and needs
-prepare pre-sentence reports (PSR) for adult offenders to be given to the judge at sentencing

115
Q

Supervision probation and parole officer

A

-establish and maintain rapport, consider the risk and needs of the client and provide balance between control and assistance

116
Q

Dual role of probation officers

A

-help offenders address issue contributing to the offence
-identify treatment programs, courses and services
-enforce conditions and compliance of probation order

117
Q

Addressing risk and needs

A

-comprehensive risk assessment
-determines risk and needs
-ints. and community settings
-rehabilitative programs and interventions

118
Q

Risk assessment

A

-criminal history
-substance use
-family/marriage
-education/work
-peers
-antisocial involvement

119
Q

Intensive probation supervision

A

-Mainly used for youth
-surveillance of probationers
-treatment interventions
-making sure offenders are employed
-reduce caseloads for probation officers

120
Q

Community rehabilitative programs

A

-impact recidivism
-compliment community supervision initiatives
-focuses on
.substance use
.anger management
.domestic vioence
.sex offenders
.anti-criminal thinking

121
Q

Record suspension

A

-application requesting to remove criminal record from the CPIC

CJS - 109: Criminal Justice system in Canada (1 decks)

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