Introduction Flashcards
Major agencies
Police
Courts
Correctional system
Police
Collect evidence
Courts
Ability to decide if certain evidence should be included in the
Correctional system
Experiences they have in the system determine if they will be a repeat offender
3 definitions of crime
Legal
Social
Constructionist
Legal definitions of crime
- Occur when the law is broken
- 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
Constructionist definition of crime
Result of social interaction
A negotiated process among the police and crown prosecutors
Social definition of crime
Violation of social norms
Sutherland - Cause injury and harm (it should be controlled)
Negotiated process
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
What is the Criminal justice system
Abstract and contentious
- guilt, innocence, and the sentence should be administered fairly with evidence
- Punishment should fit the crime
- Like cases should be treated alike and different cases differently
Purpose of CJS
- Control crime
- Prevent crime
- Maintain justice (fairness)
Effective controls = prevention
Anatole France
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”
Bias discrimination
A. Systemic
B. Institutionalized
C. Contextual
D. Individual
Systemic discrimination
All areas of the system
First Nations
Institutionalized discrimination
No intent
Ex: court providing bail to some but not others
Contextual discrimination
Situational/organizational
Ex: Police give it more warning, depends on department
Individual discrimination
Officer arrests members of a group for offences that he or she only issues warnings for others
Bias - disparity
- 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
Substantial justice
Accuracy or correctness of a court verdict
Procedural justice
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
The adversarial system
- prosecutor and defendant hope to win
- prosecutor is concerned with justice
- trial is heard by an important fact finder (judge)
The police works at what levels?
Municipal - most police work here
Provincial
Federal
The courts -lowest to highest
Provincial- superior - supreme
Provincial courts
Deal with less serious crown time in provincial courts = assembly line justice (rushed, not carefully looked at)
Corrections
Territorial and provincial governments are responsible for non-custodial sentences and sentences under 2 years
Federal is responsible for sentence over 2 years
Processing cases
Pretrial-trial-sentencing-incarceration
Pre -trial
- 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
Trial
- 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
Sentencing
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)
Incarceration
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
Identify an example of illegitimate disparity in the CJS
Race or gender
Four general stages of the CJS
Pretrial
Trial
Sentencing
Incarceration
Which courts are characterized by assembly line justice
Provincial courts
The CJS funnel
Fewer cases Reach the next level screening point
Discretion at each stage
Discretion-victims
May not report crimes
- Too minor
- Police could not do anything
- Inconvenience
- Nothing taken
Too personal
Deal with it a different way
Discretion-police
May not choose to lay charges
May find cases unfounded
Too minor
Half were not processed to the next stage (vandalism)
Discretion- bail hearings
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
Discretion- prosecution
The time between laying of arrest and when the prosecution decides to proceed generates the greatest amount of contrition
Charges are often stayed because
- Quality of the evidence
- Victim may not wish to testify
- Police sometimes strike deals with the accused
Discretion- sentencing
Extra legal factors such as the characteristics of the accused, affect sentencing decisions
FN are more likely to be sent to prison
Herbert packer models
Crime control model
Due process model
Crime control model
Emphasis on the control and suppression of criminal activity
Speed, efficiency, and incarceration
Get tough on crime
Operates like an assembly line
Due process model
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
5 sources of discretion
Victims Police Bail hearings Prosecution Sentencing
Black letter approach
No act can be considered criminal until a rep has established guilt and punishment
Normative approach
Discovering the truth , rule of law. Protecting the legal rights of individuals, access to justice and guaranteeing fairness and equality
Informal Justice
The creation of alternatives to the traditional Crimea justice system
Bargain justice
Where the accused is encouraged to plead guilty in return for a reduced sentence or charges
Discretion
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
