Intro to Canada's Justice System Flashcards
Value Consensus Model
- The view that what behaviors are defined as criminal and punishment imposed on offenders reflect commonly held opinions and limits of tolerance
- believing that as a society, we all come to a consensus about what is right and what is wrong
Conflict Model
- the view that crime and punishment reflect the power of some groups have to influence the formulation and application of criminal law
- argue that what is prohibited is often persuaded by who is in power
Crime Control Model
- focuses on controlling crime, giving criminal justice personnel considerable powers for responding to crime
- give as much power as we can to the different agents (people in power)
Due Process Model
- implements limits on the power of the criminal justice system
- there should be some degree of power that the state has
Primary purpose of the Crime Control Model
primary purpose of the CJS is protection of the public through deterrence and incapacitation of offenders
Primary Purpose of Due Process Model
primary purpose of the CJS is to ensure that there is equal justice for all citizens, regardless of wealth, social status or political corrections
Why is the Punishment the main focus of the CJS?
- punishment can increase reoffending
- preventing crime is beyond the sole scope of the CJS
- onus is on punishment to prevent crime
- key factors lie outside the scope of the CJS
Primary Crime Prevention Programs
identifying opportunities for crime and alternating those conditions to reduce the likelihood that a crime will be committed
- ex. CCTV’s: if someone knows there’s a CCTV they won’t commit the crime
- this also can end up being retroactive
Secondary Crime Prevention Programs
focuses on areas that produce crime and disorder
- ex. after school programs, targeting of at-risk environments (remove graffiti, add lighting),
- targeting of vulnerable populations with programs that help prevent victimization, however leads to victim blaming
Tertiary Crime Prevention Programs
- preventing youth and adults from re-offending
- ex. rehabilitation programs, community organizations, youth diversion programs
Situational Crime Prevention
- includes target hardening, increasing the risk detection and reducing the rewards
Restraint in the Criminal Justice
the CJS should only be involved if lesser, noncriminal responses have failed, or are inappropriate
- the minimal response that’s necessary
- ex. a fine instead of a prison sentence
Proportionality in Criminal Justice
the severity of the criminal justice response should increase as the crime becomes more serious and as the offender is deemed more blameworthy
- most important when sentencing
Discretion
the power on right to decide or act according to one’s own judgement
- allows decisions based on individual circumstances but can lead to disparities
- many agents within the CJS exercise discretion
Ethics in Criminal Justice
the foundation of knowledge that describes right/wrong or better/worse and applied to harm/care and fairness/reciprocity
Cops
- operate at the municipal, provincial and federal level
- RCMP solely responsible for federal policing, provincial/territorial for 10 provinces/territories as well
Courts ( hint: 2 of them)
- provincial: lower courts, superior courts and courts of appeal
- federal: supreme court of Canada - the highest authority
Corrections (federal vs. provincial)
- federal : 2 years plus a day, fall under the responsibility fo the Corrections service canada
- provincial: 2 years less a day. administered by a specific province or territory
how much is the cost for the daily average inmate?
$330
What kind of costs fo victims endure? (direct vs. indirect)
- direct: loss of wages/income
- indirect: loss of social connectedness, psychological and emotional trauma
Dark Figure of Crime
- degree of unreported or unnoticed crime
- only about 1/3 of all crime is reported to the police
why might victims avoid reporting to the police?
- distrust of the police
- shame
- fear of being in danger (IPV)
- victim isn’t aware of their rights
Two Police Reported Statistics
- uniform crime reporting (UCR) survey: measures the incidence of crime reported to the police
- crime severity index (CSI): a measure of the volume and seriousness of crime based on all Criminal Code and federal statute reported to the police
General Social Survey (GSS)
- Canada’s most extensive survey conducted every 5 years
- is uniform across all provinces
- only collects data on select crime
- only looks at people who are 15 years and older
