Criminal justice Flashcards
True or false: officers often settle disputes that don’t result in a charge than engaging in the use of force
True
How much of the justice funding goes to the police?
About 60%
What are the three major categories of police duties?
Crime control
Order maintenance
Crime prevention/service
What are the main pieces of legislation that gives the police their authority
Criminal Code
RCMP Act of 1985
Provinical police act and other provincial statutes
Who holds police accountable?
Oversight commissions
Who holds private security officers accountable for violating standards?
No one
Where do the RCMP work?
Federally, but could work provincial, territorial, or municpal through contract
What is the working personality of the police? Give examples
The traits acquired by working in police services
Suspiciousness, dark humor, cynicism, Us vs. them mentality, emphasis on the adrenaline rush of the job, etc.
When can law enforcement search without a warrant?
In an emergency
When there is a potential loss of evidence
To ensure the safety of themselves and others
When can law enforcement arrest an individual without a warrant?
If they have reason to believe a crim has been committed, or is about to be committed
To compel attendance at court
To prevent escape
To preserve evidence
What are task environments?
The different kinds of policing that takes place in the different areas of Canada
When does a police officer provide the accused with a notice to appear?
At the scene of the crime
What is a show cause hearing?
A hearing when the prosecutor wants the accused to be detained until their trial date. They must show cause as to why they think this would be best
What is a preliminary hearing?
A hearing held to determine if there is enough evidence to proceed with trial with respect to a serious indictable offence
When does The Charter guarantee the right to a jury trial?
If the accused is facing at least 5 years
Describe a stay of proceedings
When the prosecutor decides there is not enough evidence to proceed with trial, and give the police one more year to come up with more evidence
What are mitigating factors?
Circumstances of the case that may decrease the sentence of the offender
What is an absolute discharge?
When someone is found guilty, but is not given a sentence, and it will be removed off the criminal record after 1 year
What is a conditional discharge?
When someone is found guilty, and placed conditions supervised by probation. Will come off their record after 3 years
What is the maximum amount of time that an intermittent sentence can be?
90 days
When can offenders be considered dangeous offenders?
When an offender is facing a sentence on violent charges, have a history of violent offences, and is believed to reoffend violently
Concurrent sentences are…
Sentences that are served at the same time
Consecutive sentences are…
Sentences that are served one after the other
The Gladue decision states what?
That the judges must consider the circumstances of Indigenous peoples during sentencing
What is a Gladue report?
A report prepared prior to sentencing that sets out historical events that may be related to the offender’s behavior/actions
What is a dangerous offender designation?
An undetermined sentence of imprisonment in a federal correctional institution that is reviewed every 3 yeats
What is a long term offender designation?
When a person spends up to 10 years under supervision after their sentence expires
What is circle sentencing?
A restorative justice strategy to help resolve conflicts and sanction offenders.
They make recommendations to the courts
What are situations or sentences in which an adult offender is on probation?
A conditional sentence
Probation as a sentence on its own
A suspended sentence
Intermittent sentence
Part of a conditional release
What is an offenders biggest sense of danger?
Other offenders
Is double bunking allowed under federal policy?
Yes
What does the risk principle refer to?
The things we are scoring that correlates to how likely they are to reoffend
(drinking, family life, peers, etc)
The need principle refers to what?
What we need to focus on
The responsivity principle is what?
What you use to determine their motivation, cognitive ability, and learning style to better deliver the programs that would benefit them
Describe some challenges in correctional institutions
Meeting policy and legislative requirements
Inmate safety
Poor conditions
Growth in remand
Challenging offender profile
Overcrowding
Gangs
Following the rule of law and the duty to act fairly
Receiving oversight
Describe the typical profile of incarcerated inmates
Young
Male
Singlw
Poorly educated
Unskilled
Disproportionately Indigenous or black
Unstable lives
Little prolem-solving skills
Describe female offenders
10% of offenders in custody
History of physical and/or secual abuse
Higher mental health needs
Describe incarcerated indigenous people
Many were part of the child welfare system
Relatives are often also incarcerated
Substance use problems
Describe the value consensus model
We all agree that certain things should be criminal
Describe the conflict model
Many laws were developed because of conflict in society (the ruling class trying to control the lower classes)
What are the fundamental freedoms given to all Canadian Citizens?
Freedom of conscience and religion
Freedom of thought, belief, opinion, and expression
Freedom of press
Freedom of peaceful assembly
Freedom of association
What are the two perspectives on police roles?
Social contract
Radical
Describe the legal authority of correctional officers
Enforces policies and regulations while initating punishment
Describe the moral authority of correctional officers
Creating, and maintaining functional relationships with incarcerated people
Describe the custodial agenda of correctional officers
Centers on control and the enforcement of regulations
Describe the correctional agenda of correctional officers
Involves functioning as change agents by assisting inmates
What are some issues correctional officers face?
A high degree of variety in discretion
Occupational solidarity
Abuse of authority
Unhealthy relationship with administration
Describe prisonization
When inmates become socialized into the norms, values, and cultures of prison
Describe institutionalized inmates
Prisonized inmates that are unable to cope with the outside world when released
HIV rates are how much higher in federal institutions in comparison to Canada’s general population?
15x higher
The highest risk offenders go where?
A Special Handling Unit (only in Quebec)
What is an institutional security rating?
A rating based on the offender’s behavior and offence. Determines where the offender is places
What is a risk-needs assessment?
An assessment that determines their risk to reoffend. Used to consider early releases
Describe common law
Sets precendent that the lower courts must follow
Based on customs, traditions, and practice
Set in 1066
What is the primary law of the land?
The Charter of Rights and Freedoms
What is the standard of proof used to convict someone of a criminal offense?
Guilty beyond a reasonable doubt
Describe the crime control model
A perspective on the administration of justice
Concerned with protecting society, and apprehending offenders
Describe the due process model
A perspective on the administration of justice
Focuse on the legal rights of individual citizens, including suspects
Who is responsible for the administration of justice?
The Provincial government
Where is violent crime the highest in Canada?
The North (territories)
Describe racism
A belief that one’s race is superior to others
Describe prejudice
Pre-judgements of individuals or other people
Describe discrimination
Treating others negatively based on non-substanciated beliefs
Do the police use more force on average against people with mental health issues compared to the general public?
No
Describe the one plus one rule for policing?
The police can use force that is one level higher than they are confronted with
What is a suspended sentence?
When an offender is convicted, and their sentence is suspended pending successful completion of probation
Describe restitution
A court ordered payment that the offender makes to the victim to compensate for loss or damage
Describe judicial determination
When certain offenders cannot apply for parole untl they have served 1/2 their sentence, rather than 1/3
Describe a judicial restraint order
When the offender must stay away from certain places or people
What is a prohibition order?
When the subject is banned from certain things
Driving, owning weapons, being around children, etc.
What is a forfeiture order?
When an offender must hand something over like weapons, money, hate propoganda, etc.
Who makes the decision to release an offender on a statutory release?
The CSC
What is the piece of legislation that sets out the principles of the conditional release?
The Corrections and Conditional Release Act
Describe a warrant expiry date
The absolute end of the sentence
Offenders on stat release are supervised by parole
Describe victim’s rights with respect to offenders on stat release
The right to attend hearings, and what decisions are being made
Post incarceration syndrome is what?
A form of PTSD
The pains of re-entry is defined as what?
Difficulties adjusting to life on the outside
