M1 - Criminal justice in Canada: An Overview Flashcards
Four components, “bodies” of the justice system
- police
- courts
- corrections
- community
T/F: The police are completely independent from the court as a component of justice
False.
Three purposesof the justice system:
- Controlling (committed) crime
- Preventing crime
- Maintaining Justice
The Law Commission of Canada’s principles of justice include:
- guilt, innocence, and any imposed sentence should be determined fairly and in accordance with evidence
- punishment fits offence and offender
- like cases should be treated alike and different cases differently
Provide a quick history of the law reform commission of Canada
constant disbandings and cut funding from the Harper conservative government only recently revived
Discretion
critical element in criminal justice decision-making.
how strict components of justice are in adhering to rules in the system
Restraint
results in the minimal response necessary to establish the objectives of the justice system, given the consequences of too little restraint in punishment
Proportionality
the severity of the response proportionate to the offence and the culpability of the offender
with the understanding that the CJS is interdependent…
What are some hindrances to the harmony of the CJS?
- multiple mandates/goals within the different components/bodies of justice
- obstacles to information sharing within and in between these components/bodies of justice
- diversity and complexity of the system: changing culture, new info/research, priorities
What are the two models of criminal justice?
Are they opposites?
- Crime Control
- Due Process
Not opposites, but should balance each other out
In the Crime Control model of justice…
What is the purpose of crime control?
To control crime already committed
In the Crime Control model of justice…
What are the priorities of the crime control model of justice?
4 priorities
the main priority is the punishment of offenders. other side priorities include:
1. deterrence of crime
2. protection of society
3. efficient administration of justice
Explain the assembly line metaphor in processing criminal justice. Which model of criminal justice is associated with the assembly line metaphor?
Where many criminal cases are processed in the quickest way possible, where efficiency is key.
This is associated with the Crime Control model of criminal justice.
In the Crime Control model…
What is the assumption of guilt in the crime control model of criminal justice?
guilty until proven innocent
In the Crime Control model…
What are the policies implemented for this model?
- the increase of police officers AND the expansion of their power and authority
- the enhancement of prosecutorial powers
- the increase of correctional facilities
- the increase of sentence/punishment severity
Provide a summary of what the crime control model of criminal justice entails
The crime control model of justice follows a “tough justice” approach in administration, with special focus on the punishment of criminals and the deterrence of crime. Noted as the “assembly line” approach, this model reasons that police and prosecutorial powers should be supported in their approach to justice and crime prevention.
In the Due Process model…
What is the purpose within due process?
The protection of the rights of the accused
In the Due Process model…
What are some of the priorities of the due process model?
There are 2
- the prevention of abuse and power of the state
- the assurance of the integrity and fairness of the justice system
What is the obstacle course metaphor in criminal justice administration? Which model of criminal justice is most associated with it?
The obstacle course metaphor imagines the accused’s case as going through a series of obstacles in deeming the guilt. This is most associated with the due process model of criminal justice administration.
In the Due Process model…
What is the underlying assumption of guilt in the due process model?
innocent until proven guilty
define:
accountability
not an official legal term, but used in morality assessment
the responsibility/culpability of the offender
In the Due Process model…
What are the policies that support the Due Process model of justice administration?
- CHECKS ON POWER
- to monitor and control police authority and power
- ensuring an independent and impartial judicial process
- ensuring proportional and justifiable punishment
Provide a summary of the Due Process model of justice administration
The Due Process model of justice administration recognizes the faults within the criminal justice system, by distributing checks on power and ensuring the rights of the accused.
Where in society are some examples of tensions between the two models of criminal justice administration?
- movements of de-funding police and reallocation of social programs
- unhoused situations
- safe injection sites
- the mental health act