Midterm 1 Flashcards

1
Q

What does experience with the CJS include?

A

-perpetrating crime
-jury duty
-being victimized by crime
-receiving a traffic ticket

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three major agencies of the CJS?

A

-police
-courts
-correctional system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the three types of definitions for crime?

A

-legal
-social
-constructionist

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the two legal definitions of crime?

A

-crime has occurred when a law is broken
-crime only takes place when a person has been deemed guilty for a crime and punished accordingly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are issues when we use legal definitions for crime?

A

-not every individual who violates the law is caught and punished
-many criminal acts are not prosecuted even if they’re caught by authorities
-no analysis on why some acts are dealt with formally and others informally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a social definition of crime?

A

-crime is a violation of social norms
-cause social injury and harm
-thus, it should be controlled

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is wrong with the social definition of crime?

A

-do norms truly exist and what are they
-norms obviously change across time and space

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the constructionist definition of crime?

A

-crime is the result of social interaction
-a negotiated process among the police and Crown prosecutors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who decides if a case goes to trial?

A

-the Crown prosecutor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What majority of Americans have committed a crime?

A

-the majority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What exists within the administration of punishment for crime?

A

-class and racial bias
-explains why so many people are not caught and charged for crimes even though the majority of Americans commit them
-reveals the negotiated aspect of identifying crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Does the state possess similarities to organized crime rings?

A

-organized criminal rings have ways to deal with people who violate their rules and acts within their best interest
-CJS argues it promotes the rights for all citizens but many governments do not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the three main objectives of the CJS?

A

-control and prevent crime, and maintain justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Can the CJS really prevent crime?

A

-believe that penalties will dissuade people
-however, many things affect people who choose to commit crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define the criminal code of Canada

A

-a federal stature that lists the criminal offences and punishments defined by parliament
-also the justice system procedures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are Canadians most likely to encounter with respect to types of crime?

A

-antisocial behaviour
-like rowdy people outside a bar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Define antisocial behaviour

A

-conduct that can be disruptive and reduce our quality of life
-might not be considered a criminal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Acts that are considered to be crimes in Canada are defined by what?

A

-the criminal code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Hundreds of years ago, was there need for laws?

A

-no
-because most people conformed through informal social control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Define informal social control

A

-when people conform to the law and other social norms because of the actions and opinions of individuals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When did informal social control breakdown?

A

-when people settled into larger communities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Define norms

A

-standards of acceptable behaviour that are based on tradition, customs and values

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is public law?

A

-set the rules for the relationship between individual and society
-if someone breaks a law it is seen as a wrong against society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is private law?

A

-relationship between individuals that often involves contracts and the courts can become involved when disputes over these arrangements occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Define jurisdiction

A

-the range of a government or courts authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What two ways of classifying crime by seriousness have legal scholars come up with?

A

-malum in se
-malum prohibitum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is malum in se?

A

-universally thought of as wrong or evil
-ex) homicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is malum prohibitum?

A

-an act that has been deemed wrong because the government has defined it as unlawful
-but is not considered wrong in itself such as speeding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are summary offences?

A

-less serious crimes with a lesser penalty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are indictable offences?

A

-more serious offences
-life imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are dual offences?

A

-offences that can be either processed as indictable or summary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Define contract policing

A

-a police service provides policing to a municipality under a contract
-like the RCMP for rural

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What are the five core roles for police agencies in Ontario?

A

-crime prevention
-law enforcement
-maintaining public peace
-emergency response
-assistance to victims of crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What does it mean that Canadian courts are adversarial?

A

-two parties who have opposing positions and are heard by an impartial judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Define inferior courts

A

-provincial and territorial courts with limited jurisdiction
-deal with less serious adult and youth criminal matters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What are the four courts that make up the criminal courts of Canada?

A

-supreme court
-court of appeal
-superior court
-provincial court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Define Supreme Court of Canada

A

-highest court in Canada
-only hears cases appealed out of a lower court
-final say

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Define jails

A

-facilities where individuals are held awaiting their court appearances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Define detention centres

A

-facilities where individuals are held awaiting their court dates or serving short periods of incarceration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Define correctional centres

A

-facilities that hold inmates sentenced to terms of incarceration of two years or less

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Define special handling units

A

-high-security units within a maximum security prison
-movement of prisoners is very controlled

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Define day parole

A

-type of release for federal prisoners who live in a community based facility to go to work or school etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Define probation officers

A

-provincial officials
-prepare report for courts about sentencing options for individuals convicted of crimes
-monitor their activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Define parole

A

-conditional release from a federal correctional facility to the community
-supervised

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Define statutory release

A

-supervised release automatically granted after federal prisoners have served two-thirds of their sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Define secure custody facilities

A

-high-security youth custody facilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Define open custody facilities

A

-low-security youth custody facilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What is the concept of a funnel?

A

-people get weeded out as they go through the various aspects of the CJS
-eventually only a small proportion are federally imprisoned

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Define sequencing

A

-handling of people suspected of wrongdoing follows a set pattern
-some cases do not go to court cause people are released if not enough evidence is found

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Define alternative measures programs

A

-programs divert people involved in minor crimes
-requiring them to volunteer work or attend counselling etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Define extrajudicial sanctions

A

-alternative measure programs for youth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Define restitution

A

-makes a payment to the victim for the losses that were experienced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Define plea agreements

A

-agreement by defendants lawyers and prosecutors for the accused pleading guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

According to the government of BC what are the 5 main goals of the CJS?

A

-preventing crime
-protecting public
-supporting victims
-holding people responsible for crimes
-helping offenders return to the community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Define dangerous offenders

A

-individuals who the court deemed to be a threat to the life of the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Explain the crime control model by Packer

A

-protecting society is more important than protecting the rights of individuals
-police and prosecutors should aggressively pursue and investigate wrongdoers and give them harsh punishments
-treats everyone uniformly
-assembly-line justice
-speed, efficiency and incarceration for those found guilty
-control and suppression of crime
-assumes police only pursue guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Define assembly-line justice

A

-priority is placed on quickly processing minor matters in criminal courts with the assumption most defendants are guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

What are some cons with the crime control model?

A

-easy to miss innocent people wrongly convicted
-belief that deterrence works

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

What is the due process model?

A

-innocent need to be protected and wrongdoers need rights
-obstacle course where the obstacles are safeguards for those accused
-most protection takes place in courts
-innocent people should NOT be convicted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

What are cons with the due process model?

A

-easy to let guilty people go

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Is criminal law static?

A

-no, it is not static

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Are there problems with updating the criminal code of Canada?

A

-yes, there was a case where they used a struck down provision
-many outdated laws like witchcraft

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What do summary offences hold a jail sentence up to?

A

-2 years
-$5000 fine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

What are the three levels of police agencies in Canada?

A

-municipal, provincial and federal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Where do most police officers work at?

A

-municipal level

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

What law are Canadian courts based on?

A

-English common-law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

What concept do many Canadians believe in?

A

-justice model

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

What is the justice model?

A

-guilt, innocence, and the sentence should be administered fairly with available evidence
-punishment should fit crime
-like cases treated alike

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

What are the cons of the justice model?

A

-subjective
-needs clarification and nuances
-says nothing about reintegration and reform

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

Why is the debate around defining crime significant?

A

-counting crime
-why people engage in crime
-designing effective justice policies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

What did French poet Anatole France mean with the quote in the lecture slides?

A

-everyone is equal under the law
-however, rich people aren’t going to go beg

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

A

A

A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

What’s wrong with the adversarial approach?

A

-doesn’t seek out the truth
-no restitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

What is the court of appeals?

A

-appeals from superior and provincial courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

What is the superior court?

A

-dealing with serious crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

What is the provincial court?

A

-busiest court dealing with less serious offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

What is the prosecutor concerned with?

A

-justice to be done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

Who is the impartial fact finder?

A

-the judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

Who has discretion in the CJS?

A

-every key actor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

Is discretion always discrimination?

A

-sometimes it is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

Who holds the most serious offenders?

A

-Correctional service of Canada

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
82
Q

Where can offenders be incarcerated?

A

-provincial or federal institutions
-depending on the seriousness of crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

Do most offenders in Canada serve out their full sentence?

A

-no
-many receive statutory release or parole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

What is an example of illegitimate disparity in the CJS?

A

-disproportionate number of Indigenous people in prisons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
85
Q

How does bias in the CJS exist?

A

-both legitimate disparity and discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
86
Q

What is assumed when going through the various stages of the system?

A

-that the system is fair

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
87
Q

Define white-collar offenders

A

-people who engage in financially motivated non-violent crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
88
Q

What database is renowned for its data quality, relevance and accuracy?

A

-Canadian Centre for Justice Statistics
-run by Statistics Canada

89
Q

What does the CCJS report on?

A

-number of offences and total severity of all crimes reported

90
Q

What are the five different forms or classifications of crime?

A

-crimes against the person
-property crimes
-crimes of the powerful
-organized crime and gangs
-antisocial behaviour

91
Q

What are crimes against the person?

A

-violent crimes
-homicide, sexual assault, robbery and assualt

92
Q

What are not-culpable homicides?

A

-not considered offences
-when doctor assists suicide

93
Q

What are culpable homicides? In other words, how many types of homicides are legally recognized?

A

-considered an offence
-murder, manslaughter, and infanticide

94
Q

Define homicide

A

-when someone causes the death of another

95
Q

Define first-degree murder

A

-planned and deliberate act that results in death

96
Q

Define second-degree murder

A

-deliberate but unplanned act resulting in death

97
Q

Define unlawful act

A

-not authorized or justified by the law

98
Q

Define criminal negligence

A

-act that shows reckless disregard for the lives or safety of other people

99
Q

Who is the most likely to commit homicide against someone?

A

-family relationship then acquaintance

100
Q

Define robbery

A

-theft that involves violence or threat of violence

101
Q

Define assault

A

-crime of violence that can be minor to serious

102
Q

Define break and enter

A

-someone breaks into a residence or business with the intent to steal

103
Q

Define theft

A

-taking another’s possessions without their consent

104
Q

What are crimes in the suites?

A

-crimes of the powerful
-occupational and organizational crimes

105
Q

Define street crimes

A

-violent, property and public order offences that are contrasted against crimes of the powerful

106
Q

Define occupational crimes

A

-offences that are committed by individuals for their benefit in the course of their employment

107
Q

Define white-collar crimes

A

-non-violent crimes that are committed for monetary gain and include acts of corruption

108
Q

Define organizational crimes

A

-offences committed by businesses of employees to increase profits or otherwise benefit their organization

109
Q

Define price-fixing

A

-when business owners engage in a conspiracy to reduce competition or to keep prices high

110
Q

Define genocide

A

-systematic killing of a population such as an ethnic, religious or racial group

111
Q

Define crimes against humanity

A

-violent acts and persecution of a civilian population that are committed as part of a systemic attack

112
Q

What do critical criminologists argue?

A

-crimes are defined by the rich and powerful
-police control the poor and middle class to protect the interests of the upper class

113
Q

What three categories of antisocial behaviour are identified by the South Kesteven District council?

A

-personal, relates to specific individuals or groups behaviour including aggressive, rowdy and vulgar actions
-nuisance neighbours
-environmental conditions such as graffiti

114
Q

How does the CCJS determine the most precise indicators of crime? In other words, what are the three different ways of reporting crime in Canada? (3)

A

-rates of reported crime per 100,000 residents
-crime severity index
-surveys of Canadians to determine victimization

115
Q

Define the crime severity index

A

-measure of the volume and seriousness of crime based on all criminal code and federal statute offences reported

116
Q

How is the seriousness of the crime determined?

A

-by how long the average sentence is

117
Q

Define the dark figure of crime

A

-difference between amount of crime that occurs and the amount that is reported

118
Q

Define self-report surveys

A

-survey where respondents answer questions about their beliefs and experience of being an offender or victim

119
Q

Why does it appear that Canada is soft on crime?

A

-the funnel of the criminal justice system
-few people remain

120
Q

What is statistically correlated to the number of crimes in an area?

A

-the number of murders

121
Q

How many cases actually go from the beginning of the funnel to the end?

A

-6%

122
Q

What is the dark figure?

A

-the precise number of crimes in Canada is unknown

123
Q

What takes place at each stage of the funnel?

A

-filtering and discretion

124
Q

What are the five sources of discretion in the CJS?

A

-victims
-police
-bail hearings
-prosecution
-sentencing

125
Q

How do victims display discretion?

A

-victims may not report crimes

126
Q

What are the reasons victims do not report crimes according to a survey?

A

-not important enough
-nothing police could do
-dealt with situation another way
-too personal

127
Q

How do the police display discretion?

A

-may choose not to lay charges against suspects
-may find cases unfounded
-crime too minor

128
Q

How does a bail hearing show discretion?

A

-evidence shows those denied bail are much less likely to be acquitted and more likely to be found guilty
-more likely for longer sentences

129
Q

Why does someone receive bail and not others?

A

-bail is allowing someone to be released between the time they are arrested and their court appearance
-some people may be a risk to the community

130
Q

How does the prosecution show discretion?

A

-time between laying of arrest and when the prosecution decides to proceed generates the greatest amount of remorse
-stay charges

131
Q

What does it mean if charges are stayed?

A

-when a judge or prosecutor decides it would be bad for the justice system for the case to continue
-if the rights of the accused are going to be violated

132
Q

Why would a prosecutor stay charges?

A

-quality of evidence generated by police
-victim may not want to testify
-police strike deals with accused

133
Q

How is there discretion in sentencing?

A

-extra-legal factors such as the characteristics of the accused affect sentencing decisions
-ex) FN people more likely to be sent to prison

134
Q

What are Herbert Packer’s two crime models?

A

-crime control
-due process model

135
Q

How many total crimes were committed in 2019? Crime rate?

A

-over 2 million

136
Q

How many violent crimes were committed in 2019?

A

-over 470,000

137
Q

What were the top 3 most common violent crimes in 2019?

A
  1. Assault level 1 (harm or threat of harm) 177, 000
  2. Uttering threats 84,000
  3. Assault 2 (weapon or bodily harm) 64,000
138
Q

How many total property crimes were there in 2019?

A

-1.16 million

139
Q

What were the three most common property crimes in 2019?

A
  1. Theft of $5000 or under 340,000
  2. Mischief 297,000
  3. Fraud 138,000
  4. Break and enter
140
Q

What did the 2009 general social survey reveal?

A

-90% people feel safe walking alone in their neighbourhood at night
-83% were not worried about staying home alone
-58% of Canadians felt safe using public transport at night

141
Q

Has crime decreased or increased?

A

-severity of crime has decreased proportionately

142
Q

What are property crimes?

A

-intent to acquire property without violence or threats

143
Q

Prostitution has supposedly decreased a lot in 2014, is this accurate?

A

-subjective numbers
-police go to areas with prostitutes and give out charges (police control these statistics)

144
Q

What is terrorism?

A

-for a political, religious or ideological purpose with the intention of intimidating the public…

145
Q

What are crime statistics usually based on?

A

-reports to police
-self-reports
-victimization reports
-triangulation is the superior methodology

146
Q

What are UCRs?

A

-uniform crime reporting
-standardized definitions to all defences to cut down on discretion
-launched in 1961
-limitations cause it doesn’t tell context

147
Q

What kind of data are UCR-1?

A

-aggregate data
-totals

148
Q

When was UCR-2 made?

A

-1988 and fully operational in 1992

149
Q

What was UCR-2?

A

-collected incident based data rather than summary based data
-significant change

150
Q

What were the statistics we used?

A

UCR1

151
Q

What data was in the UCR-2?

A

-victim’s age, sex, relationship to accused, injury level, weapon, drug/alcohol use
-information on the accused
-information on the circumstances of the incident

152
Q

What are criticisms of the UCR?

A

-much crime is not reported
-weighting of crimes (violent crimes rated more than non-violent crimes, hard to get a sense of how much crime)
-recording issues (violent crimes have more incidents recorded cause its based on the victim whereas non-violent have only 1 incident usually)

153
Q

How many crimes are reported in the UCRs?

A

-50% assuming victimization surveys capture everything

154
Q

What are some pros of victimization surveys?

A

-estimate unrecorded crime
-explain why victims do not report crime to police
-impact of crime on victims
-identify populations at risk

155
Q

What are some cons of victimization?

A

-many crimes not reported
-some social groups are more likely to report being victimized

156
Q

Why is finding the amount of crime so important?

A

-crime policies are made based on these numbers

157
Q

In the US, what has helped facilitate decarceration of prisoners?

A

-tight budgets
-allowing many violent offenders to be set free

158
Q

What are the four main philosophies within the CJS?

A

-justice model
-deterrence
-selective incapacitation
-rehabilitation

159
Q

Whose crime control and due process models provide a framework to organize the six crime philosophies?

A

-Packer’s

160
Q

What three philosophies are related to the crime control model?

A

-retribution, deterrence and incapacitation

161
Q

What three philosophies are related to the due process model?

A

-restitution, rehabilitation and restorative justice

162
Q

Where can these six crime control philosophies be seen in the criminal code?

A

-718 of the criminal code which describes the goals of sentencing

163
Q

Define retribution

A

-crime control philosophy to take revenge on the offender through harsh punishments
-eye for an eye, tooth for a tooth
-punishment should reflect the seriousness of the crime
-now, seldom used to justify a sentence

164
Q

What modern day is associated with retribution?

A

-lengthy prison terms or corporal and capital punishment

165
Q

Define deterrence

A

-use of punishment to discourage wrongful behaviour

166
Q

What can deterrence be broken down into?

A

-specific deterrence and general deterrence

167
Q

What is specific deterrence?

A

-pain or consequences of punishment will deter an offender from committing further crimes

168
Q

What is general deterrence?

A

-after witnessing or learning about someones punishment, general population will be less likely to violate the law

169
Q

What do scholars believe will help deterrence to work better?

A

-if punishments are applied with swiftness, certainty and severity

170
Q

Why does deterrence not work very well?

A

-potential offenders must know their behaviour is actually a crime
-few individuals think they will be caught
-CJS works against swift punishment
-punishment for most crime, especially first-offenders, is not severe

171
Q

Define case processing time

A

-time between individuals arrest and when the case is resolved
-when the sentence is imposed or stayed

172
Q

Define incapacitation

A

-crime-reduction strategy based on the idea that removing offenders from society reduces offending

173
Q

Why does incapacitation not work well? Limitations?

A

-relatively small number of prolific or high-volume criminals are responsible for a large number of offences

174
Q

Define selective incapacitation

A

-incapacitating the highest-risk offenders will reduce crime

175
Q

Did selective incapacitation work?

A

-no, not a drastic reduction in crime
-expensive to hold people for long time

176
Q

Define the national flagging system

A

-tracks people who’re convicted of serious violent crimes to ensure their previous criminal histories are used by prosecutors if they reoffend

177
Q

Define the Canadian police information centre

A

-database that can be accessed by law enforcement that reports the criminal histories of Canadians

178
Q

Define rehabilitation

A

-helping offenders develop skills, knowledge and attitudes required to reduce the likelihood of recidivism

179
Q

Define recidivism

A

-person previously convicted of an offence reoffends

180
Q

What is restitution?

A

-offender repaying victims or community for damages from crime

181
Q

Define restorative justice

A

-alternative approach
-focuses on interventions intended to repair harm experienced by the victim and community

182
Q

Define intermittent sentences

A

-sentences of 90 days or less served in segments rather than all at once
-imposed on inmates who would lose their job or their schooling

183
Q

What are the limitations of restitution?

A

-hard to put a price on psychological trauma
-victims didn’t always receive their money

184
Q

Define the iron law of imprisonment

A

-most prisoners will return to the community, so it’s in the publics best interest to help those individuals succeed in their re-entry

185
Q

What is the current system for justice?

A

-retributive justice

186
Q

Define youth justice conference

A

-community members who come together to develop a sanction for a young person who has committed an offence

187
Q

Define circle sentencing

A

-justice practice intended for Indigenous offenders where sanctions are developed by members of a circle

188
Q

What is the conflict approach?

A

-focus on the unequal distribution of power in society
-these people use the justice system to reduce threats from those deemed socially inferior

189
Q

What is penal populism?

A

-tough on crime approach many politicians take on because offenders are not a group politicians are concerned about
-developing policies based on “common sense” rather than scientific evidence

190
Q

Define the CSI effect

A

-unrealistic expectations about the use of scientific evidence in criminal investigations based on TV

191
Q

Define the CSI effect

A

-unrealistic expectations about the use of scientific evidence in criminal investigations based on TV

192
Q

Define the First Nations Policing Program

A

-federal government policing strategy that gives Indigenous communities the between operating their own police services or contracting with other police organizations

193
Q

Define chivalry

A

-lenient treatment of women by CJS employees

194
Q

Define evil woman hypothesis

A

-women who commit violent offences may be treated more harshly by the justice system

195
Q

Define paternalistic

A

-unfair treatment of women based on the belief that treatment was in their best interest

196
Q

How are women treated with chivalry and paternalism in the CJS?

A

-chivalry is seen when women commit non-violent (non-male) crimes as they receive more lenient sentences or are not arrested
-paternalism has been seen more in the past where young woman were treated harshly

197
Q

Does tough punishment deter crime?

A

-no, this has never worked well
-In Canada vs. the USA, both had a significant drop in their homicide rate
-USA locked up 3x more people but Canada only locked up 9%
-not a statistical correlation

198
Q

What does “ideas have consequences” mean?

A

-our ideas about crime influence the crime control solutions we develop
-if offenders are viewed as genetically deranged they will be treated as animals

199
Q

Is the selling of sex illegal?

A

-no, only the purchase of sex

200
Q

Which level is the most harmful for assaults and sexual assaults?

A

-level 3 for both (aggravated)

201
Q

How many Americans have engaged in crime according to Reiman and Leighton?

A

-most

202
Q

What is infanticide?

A

-a female person murders her newly born infant

203
Q

According to proponents of the justice model, justice is analogous to what?

A

-sameness

204
Q

What number of suspects were not processed to the next stage even when a crime had been perpetrated?

A

-50%

205
Q

What should the justice system model be guided by?

A

-ideals of justice, fairness and the need to protect human dignity

206
Q

In the justice model, what should the punishment fit?

A

-the offence, not the criminal

207
Q

When did the justice model emerge?

A

-Maine, California etc in 1970s and 1980s

208
Q

What is the doctrine of proportionality?

A

-punishment should be proportional to the crime

209
Q

What components does the justice model believe in?

A

-rights of the accused must be protected
-alternative sanctions for minor offences
-eliminate discretion

210
Q

What is deterrence?

A

-importance of social contract
-uniform punishment
-torture eliminated
-swiftness, certainty and severity
-punishment must fit the crime
-felicific calculus

211
Q

What is deterrence rooted in?

A

-classical theory

212
Q

What is felicific calculus?

A

-mathematical formula to determine the degree of pleasure or pain that a specific action is likely to induce

213
Q

Where did selective incapacitation arise from?

A

-James Wilson’s book thinking about crime in 1970s

214
Q

What did Wilson say about reducing crime with selective incapacitation?

A

-could reduce crime by 1/3 if each violent offender served 3 years without parole

215
Q

What did the USA think about selective incapacitation?

A

-seriously considered it in 1980s
-3 strikes legislation

216
Q

What are the components of rehabilitation?

A

-people do not choose to perpetrate
-focus is to treat the criminal
-discretion is deemed effective tool in reducing crime
-reintegration

217
Q

Where is there evidence of the success of rehabilitation?

A

-recidivism

218
Q

What does it mean that deterrence is central?

A

-prevents future crimes

219
Q

True or false, the Supreme Court chooses many of the cases it hears?

A

-true