G2 Understanding the CJS

Question 1

What is the purpose of the CJS? (4)

Answer 1

• prevent and respond to criminal behaviour
• while respecting victim and offender rights
• while ensuring justice is achieved
• provide safety and security to communities

Question 2

What is the Constitution Act of 1867?

Answer 2

legislation setting out the division of responsibilities between the federal and provincial governments

Question 3

What is the role of the federal government regarding criminal legislation? (3)

Answer 3

• which behaviours constitute criminal offences
• responsible for the criminal code
• some legislation targets specific behaviour

Question 4

What is the role of the provincial/territorial regarding criminal legislation? (2)

Answer 4

• responsible for law enforcement

- administering the justice system, abiding by federal legislation

Question 5

What is the most important in the crime control model?

Answer 5

protection of the community and the apprehension of offenders

Question 6

What is the most important in the due process model?

Answer 6

the legal rights of individual citizens, including crime suspects

Question 7

How should the CJS work according to the crime control model? (6)

Answer 7

• Primary purpose is to protect public through deterrence and apprehend offenders
• offenders are responsible for their behaviour
• administration of justice should be swift certain and efficient
• should focus on victims’ rights, not offenders’ rights
• strong presumption of guilt
• reflects conservative values

Question 8

How should the CJS work according to the due process model? (6)

Answer 8

• primary purpose is to ensure there is equal justice for all citizens regardless of wealth, social status, or political connections
• offenders are responsible for their behaviour
• administration of justice should be deliberate and ensure procedural fairness
• should focus on protecting offender rights
• innocent until proven guilty, CJS proves guilt or not
• reflects liberal values

Question 9

Which model does the Canadian CJS focus on?

Answer 9

focuses on due process model, but elements of both are used

Question 10

What is an adversarial system?

Answer 10

a system based on two opposing sides (prosecution and defence) arguing the guilt or innocence of a person before a judge or jury

Question 11

What is meant by the phrase “beyond a reasonable doubt”? (2)

Answer 11

• the standard that needs to be met to convict a defendant in a criminal case
• requires that the facts prevented must be the only logical explanation for the crime

Question 12

How much does it cost to monitor an offender in prison and in the community?

Answer 12

• in prison: $357/day

- in community: $25000/year, $68/day

Question 13

What does the CJ funnel represent?

Answer 13

• attrition of cases; majority of cases are settled out of court, and don’t end in prison sentences

Question 14

What is discretion?

Answer 14

the power or right to decide or act based on one’s own judgement

Question 15

Do CJSP use discretion and what is the result? (2)

Answer 15

• CJSP use a combination of following laws/policies and excersizing discretion
• can lead to inconsistencies in how the law is applied

Question 16

What is disparity?

Answer 16

CJSP will make different decisions than one another in the same situation

Question 17

What is a task environment?

Answer 17

the cultural, geographic and community setting in which the CJS operates and justice personnel make decisions

Question 18

What do the characteristics of a task environment influence? (4)

Answer 18

• what crimes CJSP are faced with
• the decision making opportunities available
• effectiveness of justice policies and programs
• the potential to develop community programs and services

Question 19

How are ethics used in the CJS? (3)

Answer 19

• most situations are in a ethical gray area
• CJSP can find themselves in ethical dilemmas
• CJSP often need to make decisions based on their professional judgement, experience, intuition

Question 20

How are CJSP held accountable? (3)

Answer 20

• criminal charges
• civil charges
• internal review

Question 21

What are the principles of restorative justice? (5)

Answer 21

• focus on problem-solving, obligations, and the future; healing/support; flexible
• main issue is that relationships were broken
• offenders have the possibility of repentance and forgiveness
• direct involvement by participants, community involvement
• consensus process: community vs problem, offender encouraged to take responsibility, victim and offender rights considered

Question 22

What are the principles of retributive justice? (5)

Answer 22

• focus on establishing blame and guilt; punishment/control; fixed rules
• main issue is that laws were broken
• offenders don’t have the possibility of repentance or forgiveness
• dependence upon professionals & experts, not community members
• adversarial process: state vs offender, victim ignored, offender passive

Question 23

When can restorative justice be implemented in the sentencing process, and is it usually available?

Answer 23

• can be implemented at any point of the sentencing process (even after sentencing/corrections)
• isn’t usually available