exam 1 Flashcards
What type of system is cis?
is a complex system
What is critical thinking in the criminal justice system?
no right of wrong to issues
What is critical thinking and give an example
distinguishing between fact and opinion, considering multiple views
example: Using your time wisely. Deciding how you use your time is another example of critical thinking.
What is law and give an example
a set of formal rules to establish and maintain order and regulate behaviour
example: the speed limit is 60 km/h
What is justice and give an example
a concept based on fairness, morality and the equality of all the rights
example: if someone steals a bicycle. the person goes on trail and looks at evidence to make sure actions are equally chosen based on the law
What is crime?
prohibited by the criminal law
Crime occur when a person does 3 of the following
1.commits an act/ fails to commit an act
2. has the intent to commit the act
3. does not have the legal defence
What are the 3 origins of the criminal law
legal status of behaviour is not determined by the behaviour itself but is the result of the social response to the behaviour
aids in understanding what is and is not crime
crime in one society may be an act of honour in another
What is the value consensus model and give an example
views crime and punishments based on shared values and beliefs that most people in society agree on, aiming to maintain order and cooperation.
Example: Laws against murder reflect a common belief that killing is wrong and harmful to society.
What is conflict model and give an example
views crime and punishment based on the interests of powerful groups and are used to control weaker, marginalized groups which highlights inequalites
Example: Harsh drug laws that disproportionately target poor and racialized communities, while benefiting the wealthy and powerful.
substantive law and its functions to society
sets out the rights and the obligations of each person in society. this includes the criminal code
functions: establishing standards and protesting rights; safe guard individual rights
What is procedural law and give an example
legal process that protect and enforce age rights set out in substantive law
example: aresting a person in a criminal trail
What is common law
law that is based on custom, traction and practice and is generally unwritten
Canadian courts are organized by what system
hierarchy
What is stare decisis
principle by which the higher courts set precedent that lower court can follow
What is satute law
written law by a legistative body
What is case law
law that is established by previous court decisions and is based upon the rule of preccdent
What is criminal law
law that deals with conducts considered harmful enough to society that is prohibited by statues and prosecuted and punished by the government
What are the 4 functions of criminal law
acts as a mechanism of social control
maintain order
define parameters of acceptable behaviour
prosecute criminated behaviour
What does determines, general and specific mean
determines: what factors/ actions deside crime
general: laws that apply broadly
specific: laws target specific crime
State the 5 principles of criminal law
- criminal responsibility requires both wrongful act and a guilty intent with exceptions for young children and those with severe mental disorders
- laws cannot be applied retroactivaly and citizen are expected to know the law, though its complexity makes it unrealistic
- suspects have the right to remain silent and coerced confessions are inadmissible in court
- the principle of double jeopardy prevents a person from being tried twice for the same offence
- in canada, acquittals can be appealed if the crown identifies legal errors in the trail
What is the rule of the law
the requirement that the government and individuals be subjected to abide by the law
where has the rule of law traced back to?
magna corta in England
what are the 10 key principles of the rule of law
- the law is known and accessible
- presumption of innocence
- open, independent and impartial judierary
- No retrospective laws should be made
- Laws are made in an open and transparent way by the people
- government agencies to behave as model litigants
- fair and prompt trails
- separation of the powers between legislature, executive and judierary
- people can be only punished in accordance with the law
- the law and its administration are subject to open and free criticism
What year was the Canadian charter of rights and freedom and what was it?
1982
primary law of the land; guarantees fundamental freedoms, legal rights and quality rights for all citizens of canada, and provides protection for individual and ensures fairness during legal proceeding
What year was the criminal code of Canada and what was it?
1892
federal legislation that sets out criminal laws, preccedues for prevsocutting federal offences and sentences and preccedues for the administration of justice
How is applying criminal law in a diverse society
it is very challenging
What is precendent
judicial decision may be used as a standard in subsequent similar cases
What is criminal justice system
agencies, organization and personal involved in prevention of crime
What is the purpose of the criminal justice system
to prevent and respond to criminal behaviour
What is the year if the constitution act and what is it?
1867
legislative setting out the division between the federal and provinical governments
What is federal government
responsible for criminal offence and the criminal code
What is provincial government
administers the justice system and the law enforcement
What are the 8 federal government responsibites
- National defence
- foreign affain
- immigration and citizenship
4.criminal law - banking currency
- indigenous affairs
- transportation
- health care funs
What are the 6 provincial government responsibiltes
- education
2.health care diversely
3, natural resources measurement - property rights and the civil law
- social services
- public safety and emergency services
What is crime control model
the protection of the community and a perspective on the administration of the criminal justice
What is due process model
the legal rights of individual citizens and a perspective on the administration of the criminal justice
crime control model 4 current implications
- increased police power
- streamlined justice processes
- focus on deterrence
- public statement influence
- while these elements may contribute to immediate perceptions of safety they raise critical questions about fairness
due process model 2 current implications
1.the Canadian charter of rights and freedom section 7 to 14
- the implication of the due process are significant in various areas, criminal law, administrative law and civil rights
explain the 6 things that impact the criminal law
- section 7: guaranted everyone the right to life, liability and security of the person, while section 111 outlines rights related to freedoms
- the presumption of innocence until proven guiltty
- the right to a fair trail by an independent tribunal adiminstrative law contract
- due process also play a critical role in administrative law government agencies make decisions
- individuals have the right to be heard before any adverse decisions is on them
- they ensure transperecy
What is adverserial systems
canadian criminal justice system is based on the opposing sides that arguing the guilt or the innocence of a person. for example in criminal cases the defence lawyer and prosecutor present case
What is beyond a reasonable doubt
the standard must met to convict to defendant in in a or initial case which requires fact from crime
explain common law (adversarial process, role of victims, rights of accused, role of Jude) and who uses this law
adversarial process: persecution and defence present evidence and arguments judge remains neutral and past case precedents heavily influence decisions
role of victim; limited involvement, mainly through victim impact statements
rights of accused: right to remain silent during investigation and court proceedings, plea bargaining is a key feature
role of judges: neutral facilitator ensuring fair trail, renders decisions based on evidence presented by both sides
who uses law: canada, us and uk
explain the civil law
(inquisitorial process, role of victims, rights of accused, role of Jude) and who uses this law
inquisitorial process; judge actively investigates the case, gathers evidence, and calls out witnesses; little reliance on the post case precedents
role of victim: active involvement, including the preparation in investigating action and sentencing
rights of the accused; expected to communicate to investigations; silence may indicate guilt; plea bargaining is uncommon
role of judge: active investigator gathers and reviews evidence yp decide the case
what is the flow of the criminal justice system
cis response to some crimes and investigation, protection and punishment. also takes a lot of steps in a case
What is discretion
power or right to decide or act according to one judgement
explain the 2 points of discretion in the criminal justice system
criminal justice personal respond to a variety of situations in a variety of conditions and often exercise decisions
can lead to inconsistencies throughout the system and disparidy
What is task environment
cultural, geographic and community setting in which the criminal justice system operates and the justice personnel makes decisions. this means the environment can range form different poverty
What is ethics
describe right/ wrong and applies to fairness
explain the key ideas of ethics in the cjs
the criminal justice system encounters many moral issues that uses. ethics to address
criminal justice system is human enterprise
ethical consideration are ever present
explain the accountability in the criminal justice system and list examples
all officials must adhere to the rule of the law and be accountable to their organization and or public
example: police officer, crown counsel (internal), defence lawyer, judge, probation officer, parole board member, parole officer
explain the public trust and confidence in the cjs
affectivness of cis requires public trust and confidence
public perception that the cjs is strengthening public confidence and trust
over reliance on the cjs by the public
example: public confidence in criminal justice increase between 2021 and 2022
what are 3 consequences of overdependense of the cis
- public fails to take responsibility
- public fails to learn what role it can play
- public fails to understand the limitations on what the criminal justice system can realistically achieve
explain the media and public attitudes towards crime and give an example
news media are often the primary secures of the information about the criminal justice
over simplify complex issues of crime and criminal justice
example: in the movies they make it look simple of what the law of the criminal justice system is
explain the politics of criminal justice and give an example
polities affects crime legislation and the criminal justice system signfically
politicians reactions can undermine public confidence
example: 2023, serial killer Paul got moved from maximum security to medium security
What are 4 ways to assess if the criminal justice system is effective
evolution studio of specific polices and programs
extent to which the system treats all persons fairly under the law without pre justice or discrimination
extent to which the system addresses the need of crime victims and their families
if the system is addressing needs of person who come into confliet with the law while also maintaining any risk of community
What is ongoing debate
Whether the cis serves as a determent to crime, to criminal behaviour. also some believe the threat of punishment detrmay
What is evidence based practices
polices, strategies, and programs that have been shown by research programs to be effective in achieving objectives
What is restorative justice
problem solving approach to responding to offenders based on the principle that the criminal behaviour injures victims, community and offenders and all the parties should be involved to address the cause of the behaviour and the consequences
this is not uiverically applicable to all types of crime
What are high risk offenders
these individuals maybe less likely to take responsibility for their actions or show remorse
What are severe violent crimes
crimes like homicide or severe assault may involve deep emotional trauma for the victims and their family
What are sexual offences
victims may feel particularly valuable and may not confront their offender directly
What is domestic violence
pattern of abusive behavior used by one person to gain or maintain power and control over another person
What is policing
activities of only individual or organization acting legally on the behalf of the public or private organizations to maintain sercrity or social order
What is pluralization of policing
extension of the policing beyond the public police to include police an private security
explain the history of policing
first formal police force was created by sir Robert in London England
included serving all citizens and crime prevention. which everyone would work under high standards
explain the evolution of policing in canada
before 1600s laws were informally enforced and the first police constable period in the mid 1600s
What are the 2 perspectives of the police role and explain
- social contract perspective
citizens voluntarily surrender some power and delegate then to police and state - radical perspective
police are on instrument for the governments and powerful interments to maintain status
explain the defund the police movement
high profile incidents such as George fieyds killing the by police officers
state the 5 different structures of contemporary policing
1.Marked Personality & Set Attitudes – Police may develop a specific personality shaped by the job, often involving a strong sense of authority and control.
2.Pressure & Demands of the Job – Constant exposure to high-stress situations, responsibility, and public scrutiny can shape police behavior.
3.Precaution in Dangerous Situations – Officers are trained to be alert and careful because they often face unpredictable and risky environments.
4.Excessive Suspicion – Over time, police may develop a suspicious mindset, always expecting potential danger or dishonesty from people.
5.Difficulty Balancing Authority & Citizens’ Rights – It can be challenging for police to enforce laws and maintain order while also respecting individual rights and freedoms.
The 3 responsibilities of Canadian policing
- mandated responsibites
tasks assigned by legisatrion
2.core policing
community softly
assumed responsibites
non law enforcement tasks
explain the 5 points about police occupation
- marking personalitys of the police; set of attitude
- pressure and demady
- precaution with danger
- excessive supiceness
- difficulty exerting authority that balances citizen right to maintain order
the 4 challenges in police work
- shift work fatigue
- discrimination
- occupation stress and injuries
- being indigenous, female, visible cultural hinarity
explain the 3 authorities of the police
police have unique authority despite a citizen of their freedom
lawful authority doesn’t mean moral
charter rights of freedoms 7,8,9,10,11
explain the charter rights of freedoms 7,8,9,10,11 relating to authorities of the police
Section 8 –
You have the right to privacy. Police can’t search you, your home, or your belongings or take your stuff without a good reason and usually a warrant.
Section 9 –
You can’t be randomly stopped, arrested, or held by police without a good reason. You have the right to be free from arbitrary detention.
Section 10 – Rights When Arrested or Detained
If you’re arrested or detained:
You must be told why.
You have the right to talk to a lawyer right away.
You can challenge the reason you’re being held in court.
Section 11
If you’re charged with a crime:
You have the right to a fair and quick trial.
You’re innocent until proven guilty.
You can’t be tried twice for the same crime (no double jeopardy).
You can’t be forced to testify against yourself.
The court must be independent and unbiased.
What is discretion
the power of right to decide or act according to ones own judgement
what are the 4 strategies to improve guilty of the procedural justice policing
- respect
2, participation - neutrality
- trust
What is bias free policing
that police officers do their job fairly and equally, without letting personal opinions, stereotypes, or prejudices influence how they treat people.
What is racicial profiling
decisions rely on stereotypes about race, color, ethenity and may result in over policing
What is over policing
disproportionate police focus on racialize population or neighbourhood
What is pretext policing
police steps a minor reason that are used for more intrustive invention
what 3 things are provided in the criminal code for the authority use of force
- must let on responsible grounds
- may use only as much force as needed
- are responsible for any excessive use of force
explain 2 points on framework on the police of force
- persons with mental health issues
- most person who die in encounters with police have mental health or substantive abuse issues
explain 3 police powers in investigators
1.Entertainment
In criminology or media studies, this refers to how crime and policing are often shown in movies, TV shows, or news in a way that’s dramatic or exaggerated to entertain people, not necessarily to show the truth.
2.Mr. Big Technique
An undercover police investigation method where officers pretend to be part of a criminal organization and try to get a suspect to confess to a crime by building trust and offering rewards.
It’s controversial because it can lead to false confessions.
3.Search and Seizure (Section 8 of the Charter)
This is when police search your property (like your home, car, or phone) and take evidence.
Under the Charter, you have the right to be free from unreasonable search and seizure, meaning police usually need a warrant or a very good reason.
what is police misconduct
police conduct is overseen by commissions boards and agencies
explain rotten apples, rotten borough and rotten orchard in place misconduct
Rotten Apple 🍏 – A few bad officers cause misconduct.
Rotten Borough 🏛️ – Corruption exists in whole police units.
Rotten Orchard 🌳 – The entire system is corrupt and needs reform.
What is professional model of policing and state the 3 rs
model of police work that is reactive, incident driven and centred on random patrol
response
Restraint (force only when nessary)
respect
What is community policing and state the 3 ps
philosophy of policing centred on police community partnerships and problem solving
prevention
problem solving
partnership with community
What is community based strategic policing
model of policing that incorporates the key principles of community policing with crime prevention; crime response and crime attack approach
What is crime prevention
systemic approach to crime prevention and online crime response based on the analysis of statistical and other data
What is pre justice policing
predict time and place
What is com stat
compter statistics
What is criminal offenders profiling
predict personailty
what are the three crime prevention stragies
1.Primary Prevention 🏙️ – Focuses on stopping crime before it happens by addressing social issues (e.g., education programs, better lighting, community engagement).
2.Secondary Prevention 👀 – Targets at-risk individuals or groups to prevent them from committing crimes (e.g., youth intervention programs, mental health support).
3.Tertiary Prevention 🔒 – Focuses on rehabilitating offenders and preventing repeat offenses (e.g., prison programs, parole supervision, restorative justice).
What is broken window approach
view that if a minor crimes are left undressed in an environment more serious crime will occur
What is zero tolerance policing
is a strict law enforcement approach where police crack down on all offenses, even minor ones, with no exceptions.
What is problem oriented policing
is a strategy where police identify, analyze, and solve the underlying causes of crime, rather than just reacting to incidents.
What did the Windsor police say was important 4 points
You Don’t Need a University Degree
Police Training Feels Like Boot Camp
You Get Paid During Training
Not All Officers Carry Guns –
