M1 - Criminal justice in Canada: An Overview Flashcards

1
Q

Four components, “bodies” of the justice system

A
  1. police
  2. courts
  3. corrections
  4. community
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2
Q

T/F: The police are completely independent from the court as a component of justice

A

False.

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3
Q

Three purposesof the justice system:

A
  1. Controlling (committed) crime
  2. Preventing crime
  3. Maintaining Justice
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4
Q

The Law Commission of Canada’s principles of justice include:

A
  1. guilt, innocence, and any imposed sentence should be determined fairly and in accordance with evidence
  2. punishment fits offence and offender
  3. like cases should be treated alike and different cases differently
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5
Q

Provide a quick history of the law reform commission of Canada

A

constant disbandings and cut funding from the Harper conservative government only recently revived

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6
Q

Discretion

A

critical element in criminal justice decision-making.
how strict components of justice are in adhering to rules in the system

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7
Q

Restraint

A

results in the minimal response necessary to establish the objectives of the justice system, given the consequences of too little restraint in punishment

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8
Q

Proportionality

A

the severity of the response proportionate to the offence and the culpability of the offender

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9
Q

with the understanding that the CJS is interdependent…

What are some hindrances to the harmony of the CJS?

A
  1. multiple mandates/goals within the different components/bodies of justice
  2. obstacles to information sharing within and in between these components/bodies of justice
  3. diversity and complexity of the system: changing culture, new info/research, priorities
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10
Q

What are the two models of criminal justice?

Are they opposites?

A
  1. Crime Control
  2. Due Process

Not opposites, but should balance each other out

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11
Q

In the Crime Control model of justice…

What is the purpose of crime control?

A

To control crime already committed

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12
Q

In the Crime Control model of justice…

What are the priorities of the crime control model of justice?

4 priorities

A

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

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13
Q

Explain the assembly line metaphor in processing criminal justice. Which model of criminal justice is associated with the assembly line metaphor?

A

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.

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14
Q

In the Crime Control model…

What is the assumption of guilt in the crime control model of criminal justice?

A

guilty until proven innocent

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15
Q

In the Crime Control model…

What are the policies implemented for this model?

A
  • 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
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16
Q

Provide a summary of what the crime control model of criminal justice entails

A

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.

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17
Q

In the Due Process model…

What is the purpose within due process?

A

The protection of the rights of the accused

18
Q

In the Due Process model…

What are some of the priorities of the due process model?

There are 2

A
  1. the prevention of abuse and power of the state
  2. the assurance of the integrity and fairness of the justice system
19
Q

What is the obstacle course metaphor in criminal justice administration? Which model of criminal justice is most associated with it?

A

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.

20
Q

In the Due Process model…

What is the underlying assumption of guilt in the due process model?

A

innocent until proven guilty

21
Q

define:

accountability

not an official legal term, but used in morality assessment

A

the responsibility/culpability of the offender

22
Q

In the Due Process model…

What are the policies that support the Due Process model of justice administration?

A
  • CHECKS ON POWER
  • to monitor and control police authority and power
  • ensuring an independent and impartial judicial process
  • ensuring proportional and justifiable punishment
23
Q

Provide a summary of the Due Process model of justice administration

A

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.

24
Q

Where in society are some examples of tensions between the two models of criminal justice administration?

A
  • movements of de-funding police and reallocation of social programs
  • unhoused situations
  • safe injection sites
  • the mental health act
25
Q

T/F: The public holds greater favour towards the courts in comparision to police because of the courts’ higher authority in the justice system.

Support your answer.

A

FALSE. The pattern emerges so that components of the justice system that the public has more famliarity/exposure with has greater favour. i.e. police are more highly rated

26
Q

T/F: Modern sociologists expect the current trend in declining police favour to be a permanent new era of justice administration.

support your answer.

A

FALSE. Despite the recent decrease in public confidence, past cases such as Vancouver police have shown that public confidence in police rebounds.

27
Q

T/F: Canadians views the justice system more positively than other institutions such as education and health, because of its emphasis on public safety.

support your answer.

A

FALSE. There is a negative perception, especially with parliament and policy creation. This is because of the complex range of controversial issues and goals that the jsutice system handles.

28
Q

T/F: The public prioritizes the prevention of crime over punishment.

A

TRUE. They also support specific prevention efforts, such as community-based programs.

29
Q

T/F: The public is not supportive of diversion programs, such as problem-solving courts, mental health courts, etc., due to its high requirements of funding

A

FALSE. They are in support, and are in general understanding of the conseqences when treating these issues through typical, formal justice system processes.

30
Q

T/F: The public believes that incarceration should be reserved for serious offences AND that we currently incarcerated too many offenders.

A

TRUE. A general opinion of heavy reliance on incarceration, and criticsm of iniatives such as mandatory minimum sentences.

31
Q

What are the three characteristics of news media?

A
  1. driven by profit
  2. provide socially constructed images/messages
  3. use questionable sources of authority
32
Q

How does the media’s drive for profit distort the realities of crime? Provide a specific example

A

Because “sensationalism sells”, topics such as violent crime are overrrepresented in media.

This has further implications in public perceptions/fears about violent crime.

33
Q

What are the hindering, socially constructed images/messages perpetuated and avoided by the media?

A
  • The digestible, simplistic, and subjective representations of news
  • The underlying political context/intentions of portrayed topics
  • Avoidance of reporting on large, multinational conglomerates and their allies
34
Q

What are some disadvantages to the media’s use of questionable sources of authority?

A
  1. These sources of authority are often media-trained government officials and police who have an underlying agenda.
  2. Their use of “experts” asolves the media from responsiblity of a particular ideological position.
35
Q

Explain the media bias of criminality and race portrayals, which comes in 2 ways.

A
  1. The overrepresentation of non-white criminals in media (and representations of race when irrelevant) results in an association between race and criminality.
  2. The underrepresentation of non-white victims in media results in a decrease of public priority for these victims.
36
Q

Explain the two ways the media is biased in portrayals of criminality and class.

A
  1. Critiques on existing social structures surrounding class are often underrepresented in favour of the individual criminal/group’s focus. This can lead to associations of criminality with specific class groups.
  2. The underrepresentation of the (often higher) victimization of socially-disadvantaged groups.
37
Q

What are the three ways in which the media portrays gender in crime?

A
  1. The high representation of male crime (especially marginalized males) leads to targeting procedures and stereotypes for men.
  2. The demonization of female offenders, especially in violation of the cultural prescriptions of gender rather than case details.
  3. Victim-blaming through little support and details about rape myths (clothing, consent, circumstances, work). ONLY supportive in the portrayal of an innocent and virtuous victim.
38
Q

What are some examples of the general unrealistic expectaions of crime perpetuated by the media?

A
  • the individualistic orientation to crime and criminals rather than systemic issues
  • acceptance of police and courts, crime control approach
39
Q

T/F: The general public perceives crime as more relevant than statistics indicate.

A

TRUE. Especially for violent crime.

40
Q

What is the unfortunate result of the distorted perceptions and the unrealistic expectations that are consequent of media portrayals of crime?

A

Inappropriate legislative and policy changes

41
Q

Finish the sentence: The first step to challenging and eliminating racially-based inequalities in the (criminal justice) system requires…

A

…accurate and complete data on race and ethnicity.

42
Q

Which form of socio-cultural bias is the most prevalent in the flaws of criminal justice data?

A

Race.