Criminology Terms Flashcards
1
Q
Crime Control Model
A
- favours providing criminal justice professionals with considerable powers for responding to crime.
- stresses the importance of controlling crime.
2
Q
Due Process Model
A
-limits the powers of criminal justice system to prosecute accused persons.
3
Q
Case Attrition
A
when cases drop out of the criminal justice system.
4
Q
Rule of Law
A
- everyone is accountable under law.
- laws are clear, publicized, stable and just, applied evenly, and protect fundamental rights, including the security or persons and property.
- the process in which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
- justice is delivered in a timely manner by competent, ethical, and independent representatives, and neutrals who are sufficient, adequately informed, and reflect the communities they serve.
5
Q
What is the Charter of Rights and Freedoms?
A
It is the primary law of the land and guarantees fundamental freedoms, legal rights, and quality rights to all citizens of Canada, including those accused of crimes.
6
Q
What is Criminal Law?
A
The body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government.
7
Q
What is the origin of the Rule of Law?
A
Magna Carta, June 1215
8
Q
What are the Principles of Canadian Law?
A
- an act does not make a person guilty unless he or she has a guilty mind (mostly).
- no crime without a law, no punishment without a law (rules cannot be changed in the middle of the game, and laws cannot be applied retroactively).
- ignorance of the law is no excuse (even though the laws are ever changing).
- no one is compelled to incriminate him/herself (criminal suspects have the right to remain silent during the police investigation). If forced or threatened to make a confession, the statement will be inadmissible in court.
- no one should be twice troubled by the same cause (double jeopardy); an alleged offender cannot, under any circumstances, be tried twice for the same offense.
9
Q
Precedent
A
a judicial decision that may be used as a standard in subsequent similar cases.
10
Q
Common Law
A
a law that is based on custom, tradition, and practice. It is generally a written law.
11
Q
Statute Law
A
a written law that has been enacted by a legislative body, such as the Parliament of Canada.
12
Q
Case Law
A
a law that has been established by a previous court decision and based on the rule of precedent.
13
Q
Stare Decisis
A
the principle by which the higher courts set precedents that the lower courts must follow.
14
Q
Crime
A
and act or omission that is prohibited by criminal law.
15
Q
What implies a crime has occurred?
A
A crime occurs when a person:
- commits an act or fails to commit an act when under a legal responsibility to do so.
- has the intent to commit the act.
- does not have a legal defense or justification for committing the act.
- violates a provision in criminal law.
16
Q
What are the three categories of criminal offenses?
A
summary conviction offenses, indictable offenses, hybrid offenses.
17
Q
What is a summary conviction offense?
A
- generally a less serious offense.
- triable before a magistrate or judge.
- maximum penalty of a fine up to $5000 and/or 6 months in a provincial correctional facility.
- time limit of 6 months.
ex. trespassing, causing a disturbance.
18
Q
What is an indictable offense?
A
- generally a more serious offense.
- maximum prison sentence of 14 years to life.
- no time limit.
ex. murder, robbery, aggravated sexual assault.
19
Q
What is a hybrid offense?
A
can be preceded summarily or by indictment-a decision that is always made by the crown.
ex. many types of assault.
20
Q
Value Consensus Model
A
the view that the behaviours are defined as criminal and the punishment imposed on offenders reflects commonly held opinions and limits of tolerance.
21
Q
Conflict Model
A
the view that the crime and punishment reflect the power of some groups have to influence the formulation and application of criminal law.
22
Q
Moral Entrepreneurs
A
individuals, groups, or organizations that seek action against certain groups of people or certain behaviours and bring pressure on legislators to enact criminal statutes.
ex. MADD, anti-abortion groups, pro-choice
23
Q
Actus Rea
A
the act of doing something.
24
Q
Mens Rea
A
guilty intent
25
Criminology
The scientific study of crime and criminal behaviour.
26
Criminal justice
The study of social control and the agencies that are involved in the apprehension, prosecution, defence, sentencing, incarceration, and supervision of those suspected or charged with or convicted of criminal offences.
27
Criminal Justice System
All the agencies, organizations, and personnel that are involved in the prevention of, and response to, crime and to persons charged with criminal offences and persons convicted of crimes.
28
Crime control (model of criminal justice)
An orientation to criminal justice in which the protection of the community and the apprehension of offenders are paramount.
29
Due process model (of criminal justice)
An orientation to criminal justice in which the legal rights of individual citizens, including crime suspects, are paramount.
30
Task environment
The cultural, geographic, and community setting in which the criminal justice system operates and justice personnel make decisions.
31
Constitution Act 1867
The legislation setting out the division of responsibilities between the federal and provincial and territorial governments.
32
Criminal Code
Federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice.
33
Adversarial system
A system of justice that is based on two opposing sides-the prosecution and the defence- arguing the guilt or innocence of a person before a judge or jury.
34
Beyond a reasonable doubt
The standard that must be met to convict a defendant in a criminal case, which requires that the facts presented provide the only logical explanation for the crime.
35
Discretion
The freedom to choose among different options when confronted with the need to make a decision.
36
Ethics
"The foundation of knowledge that describes right/wrong or better/worse...and applies to harm/care and fairness/reciprocity."
37
Ethical Issues
"Broad social questions, often concerning the government's social control mechanisms and the impact on those governed, for example, what laws to pass, what sentences to attach to certain crimes."
38
Basic Principles of the Adversarial System
1. Presumption of innocence
2. The Crown bears the burden of proof
3. Doli incapax (too young for evil)
4. Severe mental disorders (insanity)
5. Attempts are crimes
39
Ethical Dilemmas
Situations in which criminal justice personnel must decide what to do.
40
Duty to act fairly
The obligation of corrections to ensure that the offenders are treated fairly by corrections personnel.
41
Evidence-based practice
Policies, strategies, and programs that have been shown by evaluation research to be effective in achieving specified objectives.
42
Penal Populism
Corrections policies that are formulated in pursuit of political objectives, often in the absence of an informed public or in spite of public opinion.
43
Crime Rate
The number of incidents known to the police expressed in terms of the number of people in the population.
44
Dark figure of crime
The difference between how much crime occurs and how much crime is reported to or discovered by the police.
45
Revictimization
The negative impact on victims of crime caused by the decision and the actions of criminal justice personnel.
46
Restitution
A court-ordered payment that the offender makes to the victim to compensate for loss of or damage to property.
47
Criminal injury compensation
Financial remuneration paid to crime victims.
48
NIMBY (not in my backyard)
The resistance that communities display in response to correctional systems' efforts to locate programs and residences for offenders in a specific area.
49
Social Media
Forms of electronic communication that allow users to post and share ideas, information, videos, and photographs.
50
Royal Canadian Mounted Police Act
Federal legislation that provides the framework for the operation of the RCMP.
51
Contract policing
An arrangement whereby the RCMP and provincial or territorial police forces provide provincial and municipal policing services.
52
Policing
"The activities of any individual or organization acting legally on behalf of public or private organizations or persons to maintain security or social order."
53
Pluralization of policing
The sharing of responsibility for safety and security in the community between public and private police.
54
Police Acts
The legislative framework for police service.
55
Policing standards
Provisions that set out how police services are to be maintained and delivered.
56
Police boards and police commissions
Bodies that provide oversight of police.
57
Political policing
The use of police by the governments as an instrument of surveillance and control.
58
Basic qualifications (for police candidates)
the minimum requirements for candidates applying for employment in policing.
- Canadian citizenship
- minimu age of 19
- physical fitness
- grade 12 education
- cannot have any prior criminal convictions or pending charges
- must exhibit common sense and good judgement
59
Preferred qualifications (for police candidates)
Requirements that increase the competitiveness of applicants seeking employment in policing.
- knowledge of a second language or culture
- related volunteer experience
- a post-secondary education
- work or life experience
60
Operational field training
Instructing the recruit in how to apply principles from the training academy in the community.
61
Working personality of the police
A set of attitudinal and behavioural attributes that develops as a consequence of the unique role and activities of police officers.
62
Post-traumatic stress disorder
An extreme form of critical-incident stress that includes nightmares, hypervigilance, intrusive thoughts, and other forms of psychological distress.
63
Search warrant
a document that permits the police to search a specific location and take items that might be evidence of a crime.
64
One plus one (use of force)
the generally accepted use-of-force standard that police officers have the authority to use one higher level of force than that with which they are confronted.
65
Suicide by cop
instances in which despondent individuals act in a manner calculated too force police to use lethal force.
66
Discretion
the freedom to choose among different options when confronted with the need to make a decision.
67
Typification
constructs based on a patrol officer's experience that denote what is typical about people and events routinely encountered.
68
Recipes for action
the actions typically taken by patrol officers in various kinds of encounter situations.
69
Discrimination
"Making a distinction in favour of or against a person or thing based on the group, class, or category in which that person or thing belongs rather than on individual merit."
70
Bias-free policing
The requirement that police officers make decisions "based on reasonable suspicion or probable grounds rather than stereotypes about race, religion, ethnicity, gender or other prohibited grounds."
71
Racial profiling
"The targeting of individual members of a particular racial group, on the basis of the supposed criminal propensity of the entire group."
72
Principle of accountability
"The actions of police officers and police services are subject to review and there are formal channels that individuals can use to lodge complaints against the police."
73
Arrest Warrant
A document that permits a police officer to arrest a specific person for a specified reason.
74
Information
A written statement sworn by an informant alleging that a person has committed a specific criminal offence.
75
What is the Mr. Big scenario?
Undercover officers making contact with crime suspects who are subsequently introduced to Mr. Big, a purported organized crime boss. The targets are then invited to join the crime group, but only if they admit to having committed a major crime.
76
What are the five distinct force options for police?
1. Officer pressure
2. Dialogue
3. Empty Hands
4. Compliance tools
5. Lethal Force
77
Professional model of policing
A model of police work that is reactive, incident driven, and centered on random patrol.
78
Community-based strategic policing
A model of police work that incorporates the key principles of community policing with crime prevention, crime response, and crime attack approaches.
79
Compstat
A strategy designed to increase the effectiveness and efficiency of police services while holding police personnel accountable for achieving crime reduction objectives.
80
Community Policing
a philosophy of policing centred on police-community partnerships and problem solving.
81
Intelligence-led policing
Policing that is guided by the collection and analysis of information that is used to inform police decision making at both the tactical and the strategic level.
82
Secondary Crime Preventions Programs
Programs that focus on areas that produce crime and disorder.
83
Zero tolerance policing
A police strategy that focuses on disorder and minor infractions; most often associated with the broken windows approach to policing a community.
84
Quality-of-life Policing
Police efforts to improve conditions in an area by targeting disruptive and annoying behaviour.
85
Problem-oriented Policing (POP)
A tactical strategy based on the idea that the police should address the causes of recurrent crime and disorder.
86
Crime attack strategies
Proactive operations by the police to target and apprehend criminal offenders.
87
Tertiary crime prevention
Programs that focus on intervening in the lives of known offenders to reduce the likelihood of re-offending.
88
Clearance rates
The proportion of the actual incidents known to the police that result in the identification of a suspect, whether or not the suspect is ultimately charged or convicted.
89
Crime displacement
The relocation-because of effective crime prevention and crime response initiatives- of criminal activity from one locale to another.
90
Problem-solving courts
Specialized courts that are designed to divert offenders with special needs from the criminal justice system.
91
Therapeutic justice
The use of law and the authority of the court as change agents in promoting the health and well-being of offenders while ensuring that their legal rights are protected and that justice is done.
92
Courtroom work group
The criminal justice professionals, including the judge, Crown counsel, and defence lawyer, who are present in the criminal court room.
93
Preliminary Hearing
A hearing to determine if there is sufficient evidence to warrant a criminal trial.
94
Judicial independence
The notion that "judges are not subject to pressure and influence, and are free to make impartial decisions based solely on fact and law."
95
Restorative justice
A problem-solving approach to responding to offenders based on the principle that criminal behaviour injures victims, communities, and offenders, and that all these parties should be involved in efforts to address the causes of the behaviour and its consequences.
96
Victim-offender mediation
A restorative justice approach that provides an opportunity for a crime victim and the offender to communicate and address the impact of the offence, and for the offender to take responsibility for the offence and its consequences.
97
Circle sentencing
A restorative justice strategy that involves collaboration and consensual decision making by community residents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offences.
98
Circles of Support and Accountability
Community-based committees composed of criminal justice personnel and community members that provide mentoring for high-risk sex offenders whose sentences have expired.
