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Soci 327 midterm 1 > Introduction > Flashcards

Introduction Flashcards

1
Q

Major agencies

A

Police
Courts
Correctional system

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2
Q

Police

A

Collect evidence

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3
Q

Courts

A

Ability to decide if certain evidence should be included in the

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4
Q

Correctional system

A

Experiences they have in the system determine if they will be a repeat offender

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5
Q

3 definitions of crime

A

Legal
Social
Constructionist

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6
Q

Legal definitions of crime

A
  1. Occur when the law is broken
  2. Takes place when a person has been deemed guilty of a crime and punished accordingly
  • Not everyone who violates the law is caught and punished
  • Many acts are not prosecuted
  • No analysis on why some acts are dealt with formally or informally
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7
Q

Constructionist definition of crime

A

Result of social interaction

A negotiated process among the police and crown prosecutors

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8
Q

Social definition of crime

A

Violation of social norms

Sutherland - Cause injury and harm (it should be controlled)

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9
Q

Negotiated process

A 
Reiman and leighton: class and racial bias in the administration of crime
(Urban makes, visible minorities, people of color)

91% of all Americans engage in crime

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10
Q

What is the Criminal justice system

A

Abstract and contentious

  1. guilt, innocence, and the sentence should be administered fairly with evidence
  2. Punishment should fit the crime
  3. Like cases should be treated alike and different cases differently
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11
Q

Purpose of CJS

A
  1. Control crime
  2. Prevent crime
  3. Maintain justice (fairness)

Effective controls = prevention

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12
Q

Anatole France

A

Neo Marxist

“The law in its magnetic equality, forbids the rich and the poor alike to sleep under bridges, beg in the streets, and to steal bread”

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13
Q

Bias discrimination

A

A. Systemic
B. Institutionalized
C. Contextual
D. Individual

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14
Q

Systemic discrimination

A

All areas of the system

First Nations

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15
Q

Institutionalized discrimination

A

No intent

Ex: court providing bail to some but not others

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16
Q

Contextual discrimination

A

Situational/organizational

Ex: Police give it more warning, depends on department

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17
Q

Individual discrimination

A

Officer arrests members of a group for offences that he or she only issues warnings for others

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18
Q

Bias - disparity

A
  • Disparity refers to difference
  • the judge may legitimately after the sentence based on the seriousness of the offence and arrest record
  • illegitimate factors = race and gender
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19
Q

Substantial justice

A

Accuracy or correctness of a court verdict

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20
Q

Procedural justice

A

Fair procedures before arriving at a verdict in a court case

-doesn’t mater what the outcome is, but if the proper procedures were made to arrive at a verdict

21
Q

The adversarial system

A
  • prosecutor and defendant hope to win
  • prosecutor is concerned with justice
  • trial is heard by an important fact finder (judge)
22
Q

The police works at what levels?

A

Municipal - most police work here
Provincial
Federal

23
Q

The courts -lowest to highest

A

Provincial- superior - supreme

24
Q

Provincial courts

A

Deal with less serious crown time in provincial courts = assembly line justice (rushed, not carefully looked at)

25
Q

Corrections

A

Territorial and provincial governments are responsible for non-custodial sentences and sentences under 2 years

Federal is responsible for sentence over 2 years

26
Q

Processing cases

A

Pretrial-trial-sentencing-incarceration

27
Q

Pre -trial

A
  • police laying a warrant signed by a judge
  • provide the accused with an appearance notice
  • the accused may be detained, released on bail or remain in custody
  • fitness hearings ensure they understand
28
Q

Trial

A
  • during an arraignment the accused heats the charges and enters a plea
  • preliminary inquiry; the court determines whether there is sufficient evidence to go to trial
  • indictable offences the accused can choose to be tried by a judge and jury or a jury alone
29
Q

Sentencing

A

If found guilty the judge has some discretion regarding sentencing

An absolute/conditional can be used as well as probation, incarceration, or suspended sentence

Judges decision may be impacted by the history of the accused and any mitigating circumstances (self defence)

30
Q

Incarceration

A

Offenders may be incarcerated in provincial or federal institutions

Most offenders in Canada do not serve their full sentence rather they frequently recurve parole or statutory release

31
Q

Identify an example of illegitimate disparity in the CJS

A

Race or gender

32
Q

Four general stages of the CJS

A

Pretrial
Trial
Sentencing
Incarceration

33
Q

Which courts are characterized by assembly line justice

A

Provincial courts

34
Q

The CJS funnel

A

Fewer cases Reach the next level screening point

Discretion at each stage

35
Q

Discretion-victims

A

May not report crimes

  1. Too minor
  2. Police could not do anything
  3. Inconvenience
  4. Nothing taken

Too personal
Deal with it a different way

36
Q

Discretion-police

A

May not choose to lay charges
May find cases unfounded
Too minor
Half were not processed to the next stage (vandalism)

37
Q

Discretion- bail hearings

A

Those denied bail are much less likely to be acquitted and more likely to be found guilty

More likely to have longer prison sentences of denied bail

38
Q

Discretion- prosecution

A

The time between laying of arrest and when the prosecution decides to proceed generates the greatest amount of contrition

Charges are often stayed because

  1. Quality of the evidence
  2. Victim may not wish to testify
  3. Police sometimes strike deals with the accused
39
Q

Discretion- sentencing

A

Extra legal factors such as the characteristics of the accused, affect sentencing decisions

FN are more likely to be sent to prison

40
Q

Herbert packer models

A

Crime control model

Due process model

41
Q

Crime control model

A

Emphasis on the control and suppression of criminal activity

Speed, efficiency, and incarceration

Get tough on crime

Operates like an assembly line

42
Q

Due process model

A

Priorities the rights of the suspect

Protect the rights in each stage

Essential that innocent people are not convicted

Emphasizes the rule of law and the protection of the accused

Goal = not to reduce crime but to see that justice is done

43
Q

5 sources of discretion

A 
Victims
Police
Bail hearings
Prosecution
Sentencing
44
Q

Black letter approach

A

No act can be considered criminal until a rep has established guilt and punishment

45
Q

Normative approach

A

Discovering the truth , rule of law. Protecting the legal rights of individuals, access to justice and guaranteeing fairness and equality

46
Q

Informal Justice

A

The creation of alternatives to the traditional Crimea justice system

47
Q

Bargain justice

A

Where the accused is encouraged to plead guilty in return for a reduced sentence or charges

48
Q

Discretion

A

The ability of an individual or organization within our CJS to make alternative courses of action beyond the formal rules and procedures

Ex: disparity and discrimination

Soci 327 midterm 1 (3 decks)

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