Introduction

Question 1

Major agencies

Answer 1

Police
Courts
Correctional system

Question 2

Police

Answer 2

Collect evidence

Question 3

Courts

Answer 3

Ability to decide if certain evidence should be included in the

Question 4

Correctional system

Answer 4

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

Question 5

3 definitions of crime

Answer 5

Legal
Social
Constructionist

Question 6

Legal definitions of crime

Answer 6

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

Question 7

Constructionist definition of crime

Answer 7

Result of social interaction

A negotiated process among the police and crown prosecutors

Question 8

Social definition of crime

Answer 8

Violation of social norms

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

Question 9

Negotiated process

Answer 9

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

Question 10

What is the Criminal justice system

Answer 10

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

Question 11

Purpose of CJS

Answer 11

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

Effective controls = prevention

Question 12

Anatole France

Answer 12

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”

Question 13

Bias discrimination

Answer 13

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

Question 14

Systemic discrimination

Answer 14

All areas of the system

First Nations

Question 15

Institutionalized discrimination

Answer 15

No intent

Ex: court providing bail to some but not others

Question 16

Contextual discrimination

Answer 16

Situational/organizational

Ex: Police give it more warning, depends on department

Question 17

Individual discrimination

Answer 17

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

Question 18

Bias - disparity

Answer 18

• 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

Question 19

Substantial justice

Answer 19

Accuracy or correctness of a court verdict

Question 20

Procedural justice

Answer 20

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

Question 21

The adversarial system

Answer 21

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

Question 22

The police works at what levels?

Answer 22

Municipal - most police work here
Provincial
Federal

Question 23

The courts -lowest to highest

Answer 23

Provincial- superior - supreme

Question 24

Provincial courts

Answer 24

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

Question 25

Corrections

Answer 25

Territorial and provincial governments are responsible for non-custodial sentences and sentences under 2 years Federal is responsible for sentence over 2 years

Question 26

Processing cases

Answer 26

Pretrial-trial-sentencing-incarceration

Question 27

Pre -trial

Answer 27

- 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

Question 28

Trial

Answer 28

- 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

Question 29

Sentencing

Answer 29

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)

Question 30

Incarceration

Answer 30

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

Question 31

Identify an example of illegitimate disparity in the CJS

Answer 31

Race or gender

Question 32

Four general stages of the CJS

Answer 32

Pretrial Trial Sentencing Incarceration

Question 33

Which courts are characterized by assembly line justice

Answer 33

Provincial courts

Question 34

The CJS funnel

Answer 34

Fewer cases Reach the next level screening point Discretion at each stage

Question 35

Discretion-victims

Answer 35

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

Question 36

Discretion-police

Answer 36

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

Question 37

Discretion- bail hearings

Answer 37

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

Question 38

Discretion- prosecution

Answer 38

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

Question 39

Discretion- sentencing

Answer 39

Extra legal factors such as the characteristics of the accused, affect sentencing decisions FN are more likely to be sent to prison

Question 40

Herbert packer models

Answer 40

Crime control model | Due process model

Question 41

Crime control model

Answer 41

Emphasis on the control and suppression of criminal activity Speed, efficiency, and incarceration Get tough on crime Operates like an assembly line

Question 42

Due process model

Answer 42

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

Question 43

5 sources of discretion

Answer 43

``` Victims Police Bail hearings Prosecution Sentencing ```

Question 44

Black letter approach

Answer 44

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

Question 45

Normative approach

Answer 45

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

Question 46

Informal Justice

Answer 46

The creation of alternatives to the traditional Crimea justice system

Question 47

Bargain justice

Answer 47

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

Question 48

Discretion

Answer 48

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