Midterm 1 Flashcards
What does experience with the CJS include?
-perpetrating crime
-jury duty
-being victimized by crime
-receiving a traffic ticket
What are the three major agencies of the CJS?
-police
-courts
-correctional system
What are the three types of definitions for crime?
-legal
-social
-constructionist
What are the two legal definitions of crime?
-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
What are issues when we use legal definitions for crime?
-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
What is a social definition of crime?
-crime is a violation of social norms
-cause social injury and harm
-thus, it should be controlled
What is wrong with the social definition of crime?
-do norms truly exist and what are they
-norms obviously change across time and space
What is the constructionist definition of crime?
-crime is the result of social interaction
-a negotiated process among the police and Crown prosecutors
Who decides if a case goes to trial?
-the Crown prosecutor
What majority of Americans have committed a crime?
-the majority
What exists within the administration of punishment for crime?
-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
Does the state possess similarities to organized crime rings?
-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
What are the three main objectives of the CJS?
-control and prevent crime, and maintain justice
Can the CJS really prevent crime?
-believe that penalties will dissuade people
-however, many things affect people who choose to commit crime
Define the criminal code of Canada
-a federal stature that lists the criminal offences and punishments defined by parliament
-also the justice system procedures
What are Canadians most likely to encounter with respect to types of crime?
-antisocial behaviour
-like rowdy people outside a bar
Define antisocial behaviour
-conduct that can be disruptive and reduce our quality of life
-might not be considered a criminal act
Acts that are considered to be crimes in Canada are defined by what?
-the criminal code
Hundreds of years ago, was there need for laws?
-no
-because most people conformed through informal social control
Define informal social control
-when people conform to the law and other social norms because of the actions and opinions of individuals
When did informal social control breakdown?
-when people settled into larger communities
Define norms
-standards of acceptable behaviour that are based on tradition, customs and values
What is public law?
-set the rules for the relationship between individual and society
-if someone breaks a law it is seen as a wrong against society
What is private law?
-relationship between individuals that often involves contracts and the courts can become involved when disputes over these arrangements occur
Define jurisdiction
-the range of a government or courts authority
What two ways of classifying crime by seriousness have legal scholars come up with?
-malum in se
-malum prohibitum
What is malum in se?
-universally thought of as wrong or evil
-ex) homicide
What is malum prohibitum?
-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
What are summary offences?
-less serious crimes with a lesser penalty
What are indictable offences?
-more serious offences
-life imprisonment
What are dual offences?
-offences that can be either processed as indictable or summary
Define contract policing
-a police service provides policing to a municipality under a contract
-like the RCMP for rural
What are the five core roles for police agencies in Ontario?
-crime prevention
-law enforcement
-maintaining public peace
-emergency response
-assistance to victims of crime
What does it mean that Canadian courts are adversarial?
-two parties who have opposing positions and are heard by an impartial judge
Define inferior courts
-provincial and territorial courts with limited jurisdiction
-deal with less serious adult and youth criminal matters
What are the four courts that make up the criminal courts of Canada?
-supreme court
-court of appeal
-superior court
-provincial court
Define Supreme Court of Canada
-highest court in Canada
-only hears cases appealed out of a lower court
-final say
Define jails
-facilities where individuals are held awaiting their court appearances
Define detention centres
-facilities where individuals are held awaiting their court dates or serving short periods of incarceration
Define correctional centres
-facilities that hold inmates sentenced to terms of incarceration of two years or less
Define special handling units
-high-security units within a maximum security prison
-movement of prisoners is very controlled
Define day parole
-type of release for federal prisoners who live in a community based facility to go to work or school etc
Define probation officers
-provincial officials
-prepare report for courts about sentencing options for individuals convicted of crimes
-monitor their activities
Define parole
-conditional release from a federal correctional facility to the community
-supervised
Define statutory release
-supervised release automatically granted after federal prisoners have served two-thirds of their sentence
Define secure custody facilities
-high-security youth custody facilities
Define open custody facilities
-low-security youth custody facilities
What is the concept of a funnel?
-people get weeded out as they go through the various aspects of the CJS
-eventually only a small proportion are federally imprisoned
Define sequencing
-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
Define alternative measures programs
-programs divert people involved in minor crimes
-requiring them to volunteer work or attend counselling etc
Define extrajudicial sanctions
-alternative measure programs for youth
Define restitution
-makes a payment to the victim for the losses that were experienced
Define plea agreements
-agreement by defendants lawyers and prosecutors for the accused pleading guilty
According to the government of BC what are the 5 main goals of the CJS?
-preventing crime
-protecting public
-supporting victims
-holding people responsible for crimes
-helping offenders return to the community
Define dangerous offenders
-individuals who the court deemed to be a threat to the life of the public
Explain the crime control model by Packer
-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
Define assembly-line justice
-priority is placed on quickly processing minor matters in criminal courts with the assumption most defendants are guilty
What are some cons with the crime control model?
-easy to miss innocent people wrongly convicted
-belief that deterrence works
What is the due process model?
-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
What are cons with the due process model?
-easy to let guilty people go
Is criminal law static?
-no, it is not static
Are there problems with updating the criminal code of Canada?
-yes, there was a case where they used a struck down provision
-many outdated laws like witchcraft
What do summary offences hold a jail sentence up to?
-2 years
-$5000 fine
What are the three levels of police agencies in Canada?
-municipal, provincial and federal
Where do most police officers work at?
-municipal level
What law are Canadian courts based on?
-English common-law
What concept do many Canadians believe in?
-justice model
What is the justice model?
-guilt, innocence, and the sentence should be administered fairly with available evidence
-punishment should fit crime
-like cases treated alike
What are the cons of the justice model?
-subjective
-needs clarification and nuances
-says nothing about reintegration and reform
Why is the debate around defining crime significant?
-counting crime
-why people engage in crime
-designing effective justice policies
What did French poet Anatole France mean with the quote in the lecture slides?
-everyone is equal under the law
-however, rich people aren’t going to go beg
A
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What’s wrong with the adversarial approach?
-doesn’t seek out the truth
-no restitution
What is the court of appeals?
-appeals from superior and provincial courts
What is the superior court?
-dealing with serious crimes
What is the provincial court?
-busiest court dealing with less serious offences
What is the prosecutor concerned with?
-justice to be done
Who is the impartial fact finder?
-the judge
Who has discretion in the CJS?
-every key actor
Is discretion always discrimination?
-sometimes it is
Who holds the most serious offenders?
-Correctional service of Canada
Where can offenders be incarcerated?
-provincial or federal institutions
-depending on the seriousness of crime
Do most offenders in Canada serve out their full sentence?
-no
-many receive statutory release or parole
What is an example of illegitimate disparity in the CJS?
-disproportionate number of Indigenous people in prisons
How does bias in the CJS exist?
-both legitimate disparity and discrimination
What is assumed when going through the various stages of the system?
-that the system is fair
Define white-collar offenders
-people who engage in financially motivated non-violent crimes
What database is renowned for its data quality, relevance and accuracy?
-Canadian Centre for Justice Statistics
-run by Statistics Canada
What does the CCJS report on?
-number of offences and total severity of all crimes reported
What are the five different forms or classifications of crime?
-crimes against the person
-property crimes
-crimes of the powerful
-organized crime and gangs
-antisocial behaviour
What are crimes against the person?
-violent crimes
-homicide, sexual assault, robbery and assualt
What are not-culpable homicides?
-not considered offences
-when doctor assists suicide
What are culpable homicides? In other words, how many types of homicides are legally recognized?
-considered an offence
-murder, manslaughter, and infanticide
Define homicide
-when someone causes the death of another
Define first-degree murder
-planned and deliberate act that results in death
Define second-degree murder
-deliberate but unplanned act resulting in death
Define unlawful act
-not authorized or justified by the law
Define criminal negligence
-act that shows reckless disregard for the lives or safety of other people
Who is the most likely to commit homicide against someone?
-family relationship then acquaintance
Define robbery
-theft that involves violence or threat of violence
Define assault
-crime of violence that can be minor to serious
Define break and enter
-someone breaks into a residence or business with the intent to steal
Define theft
-taking another’s possessions without their consent
What are crimes in the suites?
-crimes of the powerful
-occupational and organizational crimes
Define street crimes
-violent, property and public order offences that are contrasted against crimes of the powerful
Define occupational crimes
-offences that are committed by individuals for their benefit in the course of their employment
Define white-collar crimes
-non-violent crimes that are committed for monetary gain and include acts of corruption
Define organizational crimes
-offences committed by businesses of employees to increase profits or otherwise benefit their organization
Define price-fixing
-when business owners engage in a conspiracy to reduce competition or to keep prices high
Define genocide
-systematic killing of a population such as an ethnic, religious or racial group
Define crimes against humanity
-violent acts and persecution of a civilian population that are committed as part of a systemic attack
What do critical criminologists argue?
-crimes are defined by the rich and powerful
-police control the poor and middle class to protect the interests of the upper class
What three categories of antisocial behaviour are identified by the South Kesteven District council?
-personal, relates to specific individuals or groups behaviour including aggressive, rowdy and vulgar actions
-nuisance neighbours
-environmental conditions such as graffiti
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)
-rates of reported crime per 100,000 residents
-crime severity index
-surveys of Canadians to determine victimization
Define the crime severity index
-measure of the volume and seriousness of crime based on all criminal code and federal statute offences reported
How is the seriousness of the crime determined?
-by how long the average sentence is
Define the dark figure of crime
-difference between amount of crime that occurs and the amount that is reported
Define self-report surveys
-survey where respondents answer questions about their beliefs and experience of being an offender or victim
Why does it appear that Canada is soft on crime?
-the funnel of the criminal justice system
-few people remain
What is statistically correlated to the number of crimes in an area?
-the number of murders
How many cases actually go from the beginning of the funnel to the end?
-6%
What is the dark figure?
-the precise number of crimes in Canada is unknown
What takes place at each stage of the funnel?
-filtering and discretion
What are the five sources of discretion in the CJS?
-victims
-police
-bail hearings
-prosecution
-sentencing
How do victims display discretion?
-victims may not report crimes
What are the reasons victims do not report crimes according to a survey?
-not important enough
-nothing police could do
-dealt with situation another way
-too personal
How do the police display discretion?
-may choose not to lay charges against suspects
-may find cases unfounded
-crime too minor
How does a bail hearing show discretion?
-evidence shows those denied bail are much less likely to be acquitted and more likely to be found guilty
-more likely for longer sentences
Why does someone receive bail and not others?
-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
How does the prosecution show discretion?
-time between laying of arrest and when the prosecution decides to proceed generates the greatest amount of remorse
-stay charges
What does it mean if charges are stayed?
-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
Why would a prosecutor stay charges?
-quality of evidence generated by police
-victim may not want to testify
-police strike deals with accused
How is there discretion in sentencing?
-extra-legal factors such as the characteristics of the accused affect sentencing decisions
-ex) FN people more likely to be sent to prison
What are Herbert Packer’s two crime models?
-crime control
-due process model
How many total crimes were committed in 2019? Crime rate?
-over 2 million
How many violent crimes were committed in 2019?
-over 470,000
What were the top 3 most common violent crimes in 2019?
- Assault level 1 (harm or threat of harm) 177, 000
- Uttering threats 84,000
- Assault 2 (weapon or bodily harm) 64,000
How many total property crimes were there in 2019?
-1.16 million
What were the three most common property crimes in 2019?
- Theft of $5000 or under 340,000
- Mischief 297,000
- Fraud 138,000
- Break and enter
What did the 2009 general social survey reveal?
-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
Has crime decreased or increased?
-severity of crime has decreased proportionately
What are property crimes?
-intent to acquire property without violence or threats
Prostitution has supposedly decreased a lot in 2014, is this accurate?
-subjective numbers
-police go to areas with prostitutes and give out charges (police control these statistics)
What is terrorism?
-for a political, religious or ideological purpose with the intention of intimidating the public…
What are crime statistics usually based on?
-reports to police
-self-reports
-victimization reports
-triangulation is the superior methodology
What are UCRs?
-uniform crime reporting
-standardized definitions to all defences to cut down on discretion
-launched in 1961
-limitations cause it doesn’t tell context
What kind of data are UCR-1?
-aggregate data
-totals
When was UCR-2 made?
-1988 and fully operational in 1992
What was UCR-2?
-collected incident based data rather than summary based data
-significant change
What were the statistics we used?
UCR1
What data was in the UCR-2?
-victim’s age, sex, relationship to accused, injury level, weapon, drug/alcohol use
-information on the accused
-information on the circumstances of the incident
What are criticisms of the UCR?
-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)
How many crimes are reported in the UCRs?
-50% assuming victimization surveys capture everything
What are some pros of victimization surveys?
-estimate unrecorded crime
-explain why victims do not report crime to police
-impact of crime on victims
-identify populations at risk
What are some cons of victimization?
-many crimes not reported
-some social groups are more likely to report being victimized
Why is finding the amount of crime so important?
-crime policies are made based on these numbers
In the US, what has helped facilitate decarceration of prisoners?
-tight budgets
-allowing many violent offenders to be set free
What are the four main philosophies within the CJS?
-justice model
-deterrence
-selective incapacitation
-rehabilitation
Whose crime control and due process models provide a framework to organize the six crime philosophies?
-Packer’s
What three philosophies are related to the crime control model?
-retribution, deterrence and incapacitation
What three philosophies are related to the due process model?
-restitution, rehabilitation and restorative justice
Where can these six crime control philosophies be seen in the criminal code?
-718 of the criminal code which describes the goals of sentencing
Define retribution
-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
What modern day is associated with retribution?
-lengthy prison terms or corporal and capital punishment
Define deterrence
-use of punishment to discourage wrongful behaviour
What can deterrence be broken down into?
-specific deterrence and general deterrence
What is specific deterrence?
-pain or consequences of punishment will deter an offender from committing further crimes
What is general deterrence?
-after witnessing or learning about someones punishment, general population will be less likely to violate the law
What do scholars believe will help deterrence to work better?
-if punishments are applied with swiftness, certainty and severity
Why does deterrence not work very well?
-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
Define case processing time
-time between individuals arrest and when the case is resolved
-when the sentence is imposed or stayed
Define incapacitation
-crime-reduction strategy based on the idea that removing offenders from society reduces offending
Why does incapacitation not work well? Limitations?
-relatively small number of prolific or high-volume criminals are responsible for a large number of offences
Define selective incapacitation
-incapacitating the highest-risk offenders will reduce crime
Did selective incapacitation work?
-no, not a drastic reduction in crime
-expensive to hold people for long time
Define the national flagging system
-tracks people who’re convicted of serious violent crimes to ensure their previous criminal histories are used by prosecutors if they reoffend
Define the Canadian police information centre
-database that can be accessed by law enforcement that reports the criminal histories of Canadians
Define rehabilitation
-helping offenders develop skills, knowledge and attitudes required to reduce the likelihood of recidivism
Define recidivism
-person previously convicted of an offence reoffends
What is restitution?
-offender repaying victims or community for damages from crime
Define restorative justice
-alternative approach
-focuses on interventions intended to repair harm experienced by the victim and community
Define intermittent sentences
-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
What are the limitations of restitution?
-hard to put a price on psychological trauma
-victims didn’t always receive their money
Define the iron law of imprisonment
-most prisoners will return to the community, so it’s in the publics best interest to help those individuals succeed in their re-entry
What is the current system for justice?
-retributive justice
Define youth justice conference
-community members who come together to develop a sanction for a young person who has committed an offence
Define circle sentencing
-justice practice intended for Indigenous offenders where sanctions are developed by members of a circle
What is the conflict approach?
-focus on the unequal distribution of power in society
-these people use the justice system to reduce threats from those deemed socially inferior
What is penal populism?
-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
Define the CSI effect
-unrealistic expectations about the use of scientific evidence in criminal investigations based on TV
Define the CSI effect
-unrealistic expectations about the use of scientific evidence in criminal investigations based on TV
Define the First Nations Policing Program
-federal government policing strategy that gives Indigenous communities the between operating their own police services or contracting with other police organizations
Define chivalry
-lenient treatment of women by CJS employees
Define evil woman hypothesis
-women who commit violent offences may be treated more harshly by the justice system
Define paternalistic
-unfair treatment of women based on the belief that treatment was in their best interest
How are women treated with chivalry and paternalism in the CJS?
-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
Does tough punishment deter crime?
-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
What does “ideas have consequences” mean?
-our ideas about crime influence the crime control solutions we develop
-if offenders are viewed as genetically deranged they will be treated as animals
Is the selling of sex illegal?
-no, only the purchase of sex
Which level is the most harmful for assaults and sexual assaults?
-level 3 for both (aggravated)
How many Americans have engaged in crime according to Reiman and Leighton?
-most
What is infanticide?
-a female person murders her newly born infant
According to proponents of the justice model, justice is analogous to what?
-sameness
What number of suspects were not processed to the next stage even when a crime had been perpetrated?
-50%
What should the justice system model be guided by?
-ideals of justice, fairness and the need to protect human dignity
In the justice model, what should the punishment fit?
-the offence, not the criminal
When did the justice model emerge?
-Maine, California etc in 1970s and 1980s
What is the doctrine of proportionality?
-punishment should be proportional to the crime
What components does the justice model believe in?
-rights of the accused must be protected
-alternative sanctions for minor offences
-eliminate discretion
What is deterrence?
-importance of social contract
-uniform punishment
-torture eliminated
-swiftness, certainty and severity
-punishment must fit the crime
-felicific calculus
What is deterrence rooted in?
-classical theory
What is felicific calculus?
-mathematical formula to determine the degree of pleasure or pain that a specific action is likely to induce
Where did selective incapacitation arise from?
-James Wilson’s book thinking about crime in 1970s
What did Wilson say about reducing crime with selective incapacitation?
-could reduce crime by 1/3 if each violent offender served 3 years without parole
What did the USA think about selective incapacitation?
-seriously considered it in 1980s
-3 strikes legislation
What are the components of rehabilitation?
-people do not choose to perpetrate
-focus is to treat the criminal
-discretion is deemed effective tool in reducing crime
-reintegration
Where is there evidence of the success of rehabilitation?
-recidivism
What does it mean that deterrence is central?
-prevents future crimes
True or false, the Supreme Court chooses many of the cases it hears?
-true
