Finals Flashcards
(127 cards)
1
Q
What are the two models of justice?
A
Crime control and Due process approach
2
Q
Crime control: bumper sticker tough on crime model
- goals?
- What are the two ways used to achieve these goals?
- focus on the rights of …
- Strong presumption of …
- Justice should be ______
A
Protecting community by reducing crime deterrence and incapacitation victims guilt efficient
3
Q
What are the critiques of the crime control model?
A
Mental illness and judicial delay make this complicated. danger of wrongful convictions
4
Q
Due process approach:
- goals
- concerned with ____
- Focus on rights of ____
- Goal is to reduce _____
- strong presumtpion of ____
A
Ensure procedural fairness concerned with truth. not really about locking people up. defendant discretion innocence
5
Q
Critiques of the due process approach?
A
Accused factually guilty but legally innocent. Consequences for violating rights.
6
Q
What is adversarial?
Pros and cons
A
each party is opposing.
pros: usually the truth comes out of this. Judge or jury decides what evidence is brought. presumpion of innocence. Crown as to demontrate guilt.
cons: information is missing, encourgaed sitortion of info, resources can buy better representation, trier of facts is passive.
7
Q
What is discretion? What is the issue with this?
A
Freedom to choose between different options.
leads to inconsistency.
8
Q
Example of discretion for police:
For prosecution:
For correctional officers:
A
- enforce laws, investigate crimes, search/seizure, arrest
- filling charges, reducing charges, plea bargain
- parole or conditional release
9
Q
What is the difference between discretion and arbitrariness?
A
Discretion is based on knowledge or evidence and is meant t facilitate decisons. Arbitrariness is based on personal preferences.
10
Q
What is accountability? Why is it important? Example police… Lawyers and judges?
A
subject to review and oversight
institution making sure that agents are not doing what they want.
Police has a complaint board, thus they are subject to internal and external accountability
Deontological code.
11
Q
What are the 5 types of crimes?
A
- crime against person
- property crime
- organized crime
- crimes of the powerful
- antisocial behavioour
12
Q
Crime against the person is a _____ crime, that creates ___ and reduces ______.
A
violent - fear - life quality
13
Q
Crime against person: homicide is \_\_\_\_\_\_\_\_. Types? manslaughter \_\_\_\_ (exception) - definition Infanticide - definiton Assault - definiton sexual assault- types Robbery - definiton
A
- direct or indirect cause of death. Culpable or non-culpable (police, army).
- Manslaughter is the intention of harm, not of death. Cannot use a person’s defect as a defence (ah, he had a faulty heart it ain’t my fault).
- Mental state of a mother before 12 months
- Applied threatened force (with or without a weapon). Most commonly reported violent crime.
- Different levels: injurt - weapon - threated life
- theft with violence
14
Q
What is a break and enter?
What is theft?
Indentity theft?
definitions
A
breaking a place with the intent to commit an indictable offence. Aggravating if someone is in there
depriving someone of something without consent
obtaining indentity information intended to commit an indictable offence.
15
Q
What is a crime of the powerful? types
A
Also called white-collar crime. Criminals are educated and in professional positions.
- Occupational crimes:
Within their jobs for their own benefit (like an accountant who diverts money). Consequences for compagny.
- Organizational crime:
By organization for organization. Falsyfying books. Consequences for society. Prices go up, death, false representation of products.
16
Q
What is an organized crime? Why is it illegal to be part of gang?
A
Groups of 3+ people to facilitate or commission one or more serious offence (indictable).
Sometimes lots of people in the organization, so hard to individually sue all of them. Now can just sue them for being part of organization.
17
Q
What is an antisocial crime?
A
It is a crime also referred to as objectionable. Thus, it does not go against the criminal code, it is instead a penal offence issued by a municipality. Includes vandalism, drunk in public, public urinating
18
Q
What are the three measures of crime?
A
Extent. Crime rate.
Seriousness. Crime severity index.
compare. crime rates per 100 000 people.
19
Q
Violent crimes represent __% of all crimes. Change in crime rates?
A
20
Decline sinc 1992
20
Q
How does crime severity index measure the severity? Trend.
A
Lenght of punishment.
General decline since 1998.
21
Q
___% not worried in their home at night (victimization survey)
___% do not fear to be victim in public transport at night
A
83’58
22
Q
___% trust police, lawyers, and judges.
People feel that CJS is too ___ to offenders.
People often ____ levels of crime and ____ severity of punishment.
A
57
nice
overestimate
underestimate
23
Q
Police officers are called ______ in the Canadian Criminal Code. Name people who also have this title. What do they have in common?
A
peace officers
Mayors - members of correctional services - pilot command of aircraft (because they can arrest someone when plane flies). All people who have the power to arrest.
24
Q
How many police officers in Canada? ___/100 000 people. How does that affect crime?
A
69 000
199/100 000
It doesnt. No correlation
25
Why do we say that PO are at the front line of the CJS?
-Front line + direct contact with public
26
What are the two documents that give police authority + roles?
Police Act + R v Fearon case.
27
```
Roles of police:
Maintain ___, ____, ______.
____ and _____ crime.
Respect _____, _____, _____.
Attentive to the needs of ___.
Cultural pluralism (explain)
```
```
peace, order, public security
prevent + repress crime
people, property, freedom
victims
adequate representation of population they serve.
```
28
Ontario police services act: what are the 5 broad roles?
1. Crime prevention
2. Law enforcement
3. Assistance victims
4. Public order maintenance
5. Emergency reponse.
29
How do police do crime prevention?
patrolling, targetting high crime areas - closed-circuit tv (cameras )- collaboration with community
30
How do police do law enforcement?
Responding to crime, conducting investigations.
| Follow directives from the govt because they are subject to political prioritization.
31
How do police do assistance to victim?
Protecting them.
32
How do police do public order maintenance (penal law).
assure quality of life by limiting noice, conflict, verbal harrasement.
Response to protests
33
How do police do emergency response?
First responders in ontario
| Coordinate response to accidents, natural disasters, etc.
34
Because of _____ many levels of police.
| what are the five levels?
federalism
federal (RCMP), provincial (QC, Ontario, NewFoundland), municipal, Native, and private/transit policing (Societe transport montreal)
35
What is the federal police?
What laws do they enforce?
Where are they trained?
What are their main role when they are not enforcing federal laws (60%).
RCMP (royal, canadian, mounted, police).
federal
Regina, headquarters ottawa
Contract policing.
36
What is contract policing? Why some places do that?
Hire the RCMP to police in your city/province.
| Often less expensive than creating a whole ass police force.
37
What are the names of the 3 provincial police forces? What laws do they enforce? Where do they police?
Ontario provincial police - Surete du Quebec - Newfoundland Constabulary
Provincial laws and criminal code (federal law).
Outside out cities/municipalities that have police forces.
38
What laws are enforced by municipal police? What is the amount of po that work in municipal police? What are the three options for municipalities regarding policing?
Criminal code, provincial statutes, some federal statutes, municipal bylaws.
Most
Create own force, join other municipalities, contract policing.
39
First Nations police force:
They have agreements with _____ under the _______.
They are an _____ police force.
Get authority and operate within ______.
provincial governments. Police Act.
autonomous.
reserves.
40
Why are there so many ways to keep police officers accountable.
Because they suck ACAB + because they can use lethal force, arrest, and detain.
41
Accountability for PO:
| - Name the ways?
- Chain of command. So superior keep you accountable.
- Legal accountability. So they can be sued
- Comissaire à la déontologie Policière.
- RCMP civilian review.
- Accountability by population with phones
- Body worn cameras.
42
Police officers have the power to ____, ____, _____, and take _______.
Thus, the population is protected under s. __, __, ___ of the charter.
Abuse of this is...
What happens if the evidence is obtained illegally?
Is electronic surveillance ok?
To protect rights, crown needs to...
detain, arrest, use force, take dna samples.
8-9-10
a defence in court (entrapment, unfair treatment)
dismissed in court or not allowed to have a warrant/mandate
if they have judicial authoriztion
disclose evidence to defence.
43
What do police need to balance?
maintain order and protecting citizens rights.
44
Police officers need to respect these 8 rights (3 during arrest)
life, liberty, security
secure against reasonable search/seizure
protected against being detained/arrested arbitrairily.
being informed on reasons - right lawyers and see judge soon - released if detention not lawful
45
What is habeas corpus?
“vehicle for reviewing the justification for a person's imprisonment”.
If think its not lawful can contest detention.
46
What is an arrest?
Compel a person to appear in court.
47
If arrest with warrant...
delivered by a ____
need to be...
Special judge called justice of peace
| In the public's interest.
48
Arrest without a warrant: 2 types
- See a person doing a crime.
| - Reasonable ground to be believe that a person has or will commit an indictable offence.
49
What are the four things that po must do for the arrest to be lawful?
Identify themselves.
Touch the person to limit the freedom
tell them why they got arrested and that they are under arrest.
Must charge someone with an offence.
50
Citizens arrest:
When can they do it?
What do they need to do for it to be lawful?
Find person committing - escaping a crime scene and they are being pursued by someone who has authority (po)
Tell person they are under arrest, immediately call police, avoid using force, not question or search.
51
What is the difference bewteen detention and arrest?
Arrest you are accused of a crime.
Detention theres no specific crime. Youre just in custody.
- Its when police controls movement of a person, usually
52
What are the 4 types of detention?
Physical: being handcuffed
Lawful: failing to comply to a breathalizer
Psychological: police actions give impression of constraint.
Investigative: being searched.
53
What is the difference between search and seizure?
Search is searching an individual or location. Seizure is having the power to take someone's property or possession.
54
What are the two reasons someone can have a warrant for search and seizure?
Reasonbale ground finding envidence for a crime.
| Reasonable ground finding evidence intended to be used in a serious crime.
55
What are the three situations in which police does not need a warrant for search and seizure?
To prevent someone being killed or seriously injured.
Evidence related to a serious offence might be destroyed.
Police is in a hot pursuit.
56
What are the 3 roles of the court system>
Settle disputes, enforce laws, interprete and pronounce laws.
57
Where are the majority of cases dealt with? How?
Outside of court.
| plea bargain, guilty plea, other options such as mediation for civil cases.
58
What are three characterists for courts?
1- set the...
2- courts are ...
3- courts have...
standard + decide questions affect everyone
hiearchical: higher court revoke decision of lower courts
jurisdiction: authority over territory or issue.
59
Someone does a federal offence and appeals twice. Court structure?
federal court - federal court of appeal - scc
60
What is the provincial court structure?
Provincial/territorial court
provincial territorial superior court
Provincial territorial court of appeal
SCC
61
Someone appeals the human rights court, which court are they going to?
Court of appeal of province.
62
Someone appeals from a federal tax court or federal administrative court, where are they going?
Federal court of appeal.
63
Why are there always three judges from QC at the supreme court?
Different legal tradition.
64
Since when is the SCC the last court of appeal in canada? What could people do before?
1949. Before, could appeal to the Queen Court's Bench in England.
65
How many judges in SCC? Who are they appointed by?
9
| Governor general but influence by prime minister and independant commission.
66
The SCC decides on question of constitution + hears appeals. They can also work with the govt by...
Giving legal opinions in certain areas of public/private law.
67
Do federal courts deal with criminal law?
No they do not.
68
What are the issues dealt by federal courts?
Intellectual property
maritime law
federal law.
Disputes between federal govt and provincial disputes.
69
What are the main issues dealt by provincial/terrirtorial courts?
provincial matters (so civil law) and matters given by the federal govt such as criminal law.
70
provincial courts do not hear trials for serious offences, they do still participate in these cases, How?
they hear the preliminary hearing to see if theres enough evidence.
71
Specialized courts and included in which larger category of courts? Examples of sc.
provincial/territorial
| Youth, family, small claims (less 15000$ no lawyer).
72
Who pays for superior courts? What is their jurisdiction>
federal govt.
| They could deal with most legal issues. They also do all indictable offences in criminal trials.
73
What is one of the main differences between trial courts and courts of appeal?
Appeal courts dont hear trials, witness testimonies. They only review decisions.
74
How many courts of appeal in Quebec? What is its role?
One. usually one per province/teritory
Accept, reverse, or reinforce decisons from lower courts. ORRRRR they can order a new trial. They can also chance sentences.
75
What is an administrative tribunal? Role? appeal? Examples?
its not exactly a court. They interpret the laws of very limited jurisdiction regarding employment insurance, disability benefit, refugee claims.
Limited appeal.
Cour du travail (convention collective)
Administrative du QC (municipalities, permits)
76
What is the difference between the code civil and the code de procédure civile?
code civil is obligations between individuals
| code de procédure civile tells you how to law charges.
77
Who is in the court room workgroup?
Judge, prosecutor, defence attorney.
78
What is the role of the defence lawyer?
- protect the legal rights of the accused
- assess the prosecutor's evidence and witness
- represents accused at all stages of the criminal justice system.
- Cousel to their client
79
What is the role of the prosecutor?
Enforce criminal law, present all evidence to the court.
80
Examples of outside pressures to get convictions?
maintain credibility, maintain confidence in justice, pressure from crime control model advocates.
81
What is one of the problems with the aide juridique?
Paid by state so encourages clients to plead guilty.
| Overload, lawyers have 6-10 trials a day, 5 days a week.
82
How does the judge upholds the rights of the accused?
admissibility of evidence, schedule for trial, number of witnesses.
83
What is a trier of facts?
Judge or jury. Person decides guilty verdict.
84
Who decides on judges? (like who becomes a judge)
impartial independeant commitee.
85
In 2004, ____% of trials were with juries.
When can a person use a jury?
What should be their characterists>
2%
faces 5 years or more of imprisonment
Impartial, open-minded, independent.
86
How many jurors? How chosen?
12 but call 14
| randomly chosen according to provincial act.
87
Court clerk?
receives documents. Sits in front of judge and makes people swear in.
88
Court reporter? Especially useful...
transcription of trial proceedings. Especially useful in appeal trials.
89
Sheriff (special constable)
escorts accused + security in court
90
One member of the court missing but there no info on them so I couldnt just write the name of their position. Who are they?
Translator
91
What are the five steps of the case flow for police and court? describe
1- investigation
2- laying charges: police verifies enough evidence. Transition for police to court. Transfers info to crown.
3- Decision to prosecute: likelyhood of conviction, public interest, decision of the crown.
4- First court appearance: receives notice to appear. Enters plea. See a judge to see if they will remain in custody (also called bail hearing).
5- Type of offence decision: if hybrid offence, decide wether summary or indictable.
92
What are the factors that influence wether incarcerated awaiting trial?
- dangerous
| - chances of escaping.
93
The supreme as two options when making a verdict. What are they? (hint, jordan case)
apply old framework or create a new one.
94
What kind of punishment are forbidden under charter?
extreme or unusual punishment
95
Utilitarian goals of sentencing?
- general deterrence (whole society)
- specific deterrence
- Rehabilitation (treat)
- Incapacitation (protecting public)
- Restitution (give back to society like picking up in parks after littering)
96
What are the retributive goals of sentencing?
- Denunciation: expressing society's disapproval of certain behaviours
- Retribution: punishment for a crime to make the offender pay for what they did.
97
Restorative goals?
- Heal commuity
- reconciliation between offender and victim
- circle sntecing: an Aboriginal offender is sentenced by a judge who hears recommendations from the offender's fellow community members.
98
What are the 3 principles of sentencing? Explain each,
1- Proportionality: between the crime and the punishment. This is based on the level on responsability the person had in the crime. You are not as responsible if you were an accomplice than if you pulled on the trigger.
2- Punishment fit the crime. So you if you were parked badly, maybe prison is not the way.
3- No unsual or cruel punishment.
99
What are minimum mandatory penalties? How does it impact the role of judges? Whose dumb idea was this? What may result from this?
criminal code sets minimum punishment for some offences.
removes the discretion for judge.
result of tough on crime policies from Harper 2009
disproportionate sentences.
100
What is the goal of aggravating and mitigating factors? Who brings out which in court?
Allows the circumstance to be considered.
Defence brings up mitigating
Crown brings up aggravating
101
Name some aggravating factors? Some mitigating?
Planned, number of victim, vulnerable victims
| First offender, remorse, cooperation with authotiries, not likely to reoffend.
102
what is the pre-sentence report?
Overview of the strenghts and weaknesses of offender.
It is compiled by probation officers.
Looks into the offender's history, mental health, support from family, etc.
103
What is the Gladue report?
Issue of sentencing Indigenous people. Should consider the fact that they are indienous.
104
A principle of totality demonstrates that "sentences should make sense." Indicate how judges do that when there are more than one sentences?
Put them concurently instead of consequently.
105
What are the things considered by the judge upon sentecing?
```
Nature and circumstances of crime
pre-sentence report
psychiatric assessment
conduct and attitude of the offender
victim impact statement
criminal record of accused
```
106
What is probation? $$$
release in community under supervision conditions (not uing drugs, not drinking, not possessing weapons, not certain places, curfew, just go to work.
107
What sentencing goals are met by community service?
Restitutive
108
What is a conditional sentence?
custody sentences served in the community under strict conditions (prison at home).
109
What is the difference between prison and penitentiary?
prison is provincial
110
Why do people get weekend prison or week probation?
Keep in touch with family, not loose jobs, get training or education.
111
What is discharge?
Like a pardon, guilty verdict without conviction. Minor offence so people dont get a casier judiciaire.
112
What are the named of both correctional system?
QC: service correctionelle du QC
CA: Correctional service of Canada
113
What is the most popular sentence in canada (64%)? Why is breaking probation conditions are crime?
probation
| Cause when you do a crime its a double crime.
114
What are the roles of probation officer?
Supervision of people. Enforcement of probation. Conselling. Prepare files for sentencing hearing.
115
What is the difference between parole and probation?
Parole is not given by a judge, but by a correctional officer and administrative tribunal
Parole is the continuity of an incarceration sentence. So youre like mostly free in society.
116
What is a bail hearing?
Verify whether get pre-sentence detention. W
117
What are the goals of pre-sentence detention?
Protect society
make sure defendent attends court
Maintain public confidence in the administration of justice.
118
Where is pre-sentence detention held? What is the problem? Time?
Pre-trial detention centers.
Under provincial jurisdiction. Its understaffed, and has less services than prisons and penitentiary.
Time spent in there is 1x or 1.5x the time in prison
119
What are the differences between max-med-min security penitentiaries?
Max: dangerous offenders and risk of escaping. Med: Risk escape not dangerous. Min: not dangerous unlikely to escape.
Max: buildings have barbed/wired fences. Med: Fenced site. Min: Living units, like small communities.
Max: correctional officers are armed: Med: not armed, but weaons on site. Min: not armed, weapon on site.
Max + med: strict day to day schedule. Min: inmates organize their schedules and responsible for their goods.
120
```
Case flow for sentence:
1/3 or 6 months (whichever is more)
1/3 or 7 years (whichever is less)
2/3
After...
```
eligibility for day parole
eligibility for full parole
Statutory release
end of sentence, dangerous offenders have long term supervision (up to ten years).
121
Who administers parole (QC and Canada)
administrative tribunal
Commission Québécoise des libérations conditionelles
Federal parole board
122
What is a statutory release?
Begin reintergration in society. So not being incarcerated anymore. You might get long term supervision if youre a dangerous offender. Not like parole where you have crazy conditions.
123
What legistaltion gives rights to the police?
Charter
124
Can a police officer arrest someone without a warrant if believe they committed summary offence?
No. Gotta be indictable
125
Who gets more funding between courts, prisons, and police?
Police
126
Which govt is responsible to administer justice?
provincial and territorial
127
Does police work involve common force?
No
