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
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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