midterm 2 Flashcards
why are courts more of a mystery
deliberation of judges and the activities of crown counsel are much less visible
what do people attribute heavier workloads in the courts to
the charter of rights and freedoms
what are the courts responsible for
determining the guilt and innocence of the accused, imposing an appropriate sentence on those who are convicted, ensuring rights of accused are protected,
what reflects the ongoing efforts to balance the rights of the accused with the need to protect society
decisions of the courts
what is essential to the proper functioning of the courts
judicial independence
what is the notion of judicial independence
it holds that citizens have the right to have their cases tried by tribunals that are fair, impartial, and immune from political interference
what are the 4 levels of courts
provincial/territorial, provincial/territorial superior, provincial appellate, SCC
what is the highest court for all jurisdictions
the SCC
2014/15 what was the most prominent type of offences dealt with in the adult criminal case, what %
77% non-violent
how many of all cases completed in adult criminal court resulted in finding of guilt
63%
what was the aquittal rate of those cases that went to trial
4%
which court was established by the parliament
SCC
what decides who can be judges of the SCC
they are federally appointed by the prime minister
the SCC operates under what act
Supreme Court Act
what is the role of the SCC
final court of appeal for criminal and civil law
role of provincial and territorial courts OF APPEAL
hears appeals from decisions in superior courts and provincial and territorial courts. They’re the first court of appeal for them AND they try the most serious cases
provincial and territorial courts OF APPEAL are administered by who
by the provinces and territories
what are “mixed squads”
when a police and social worker work together or health worker, evidence shows they have further harmed unhoused people by adding a layer of surveillance and harrasment that leads unhoused people to leave the places they know. their goal is to intervene in lives of unhoused people in the interests of businesses, wealthier residents or other city residents who wish to see them displaced
.
.
provincial and territorial courts are administered by who
the provinces and territories
role of provincial and territorial courts (3)
- hear cases involving federal or provincial and territorial laws (except nunavut)
- most criminal offences, traffic violations, provincial and territorial regulatory offences
- preliminary hearings in serious cases to determine if there is enough evidence to proceed to trial
role of federal court of appeal
hears appeal from federal courts, has some limited criminal jurisdiction
role of federal court
hears matters subject to federal statutes, some limited criminal jurisdiction
which is the lowest level of courts
provincial/territorial
t/f- provincial and territorial court judges sit without juries
true
which court hears cases under the Youth CJAct, family, and small claims courts
provincial/territorial
def. of problem solving courts
specialized courts that are designed to divert offenders with special needs (community courts, drug courts, mental health courts) from the CJS. unlike traditional courts these involve offenders as active participants in addressing their behaviour and needs
what are the 3 defining attributes of specialized courts
- focus on addressing the underlying problems of offenders, victims, and communities
- interagency and interdisciplinary collaboration
- accountability to community
what do problem solving courts have the potential to improve
quality of life in communities, increase resident familiarity with the court process, increase community satisfaction with the response to persons in conflict
what is the intent of problem solving courts
shift from an adversarial or legalistic approach to one centred on treatment and rehabilitation
what is the concept of therapeutic justice
an approach in problem solving courts that uses the law and the court’s authority as change agents to promote the health and well-being of offenders, while ensuring that their legal rights are protected and that justice is done
what are some issues with specialized courts
high rates of non-compliance, the conditions imposed by the courts, and non-completion of programs
what are circuit courts
a judge, court clerk, defence lawyer, crown lawyer, and maybe translator travel to communities to hold court in remote places
issues with circuit courts
backlogs, time constraints, language, cultural differences
what are the two levels of superior courts and what do they do
trial (hears cases involving serious criminal offences) and appeal (hears criminal and civil appeals) (they may be in the same court or divided into two)
what happens when an accused appeals a verdict or sentence (or both)
they appeal to a higher court- appeals from trial divisions go directly to the provincial or territorial court of appeal. if at least one appellate judge dissents (doesn’t agree with the majority), they can appeal again at a federal level (the SCC)
what are the primary activities of appeal courts
reviewing decisions of the lower courts, focusing on how the law was applied to the facts of the case
what are two other federal (other than SCC) courts and what do they do
- federal court- has trial court and court of appeal, hears all cases that concern matters of federal law (copyright law, maritime law, canadian human rights act, immigration and refugee protection act) AND appeals from the parole board of canada.
- tax court
what is the process of ‘reference’
when a federal gov. asks the Supreme Court for a legal opinion on an important legal question
who is the ‘courtroom workgroup’
the criminal justice professionals, including the judge, crown counsel, and defence lawyer, who are present in the criminal court courtoom
roles of judge (6)
interpreting the law, assessing whether evidence can be admitted, ruling on motions made by the lawyers, determing the truthfulness of evidence, and in most cases making a decision of guilt or innocence, gatekeeping evidence presented at trial
role of justices of the peace
not lawyers (vs. judges who have to be), variety of roles depending on their jurisdiction, may be deciding on search warrants and conducting bail hearings, preside over hearings involving prov./ter. regulations, and more
responsibilities and roles of defence lawyers
ensure that the rights of the accused person are protected throughout the cj process. negotiating pleas outside of trial, presenting evidence and questions witnesses and experts etc., cross-examining witnesses and challenging the evidence presented by the crown
difficulties for female lawyers
unpredictable work hours and income and difficulties of having and raising children, treated differently in courtroom,
duty counsel
first point of contact for a person who’s been detained or arrested, their advice can be over the phone or in person, may also represent the accused in court. often provided by province legal aid plan for people who can’t afford or access a lawyer
crown counsel responsibilities and roles
attempting to prove beyond a reasonable doubt the accused is guilty of the offence they’ve been charged with, laying charges against the accused and involved in their prosecution, provide advice to police officers at the pre-charge stage, prepare for trial, prepare for post-trial appeals, plea bargaining, developing strategies, managing witnesses, arguing conditions of bail, recommending sentences to court, appealing sentences deemed too lenient
what are two key issues for many accused persons defendants
access to legal representation and access to legal aid
t/f- Provincial, territorial, and federal court judges are guided by ethical principles that are set out in various provincial and territorial documents and, for federally appointed judges, by the Canadian Judicial Council
true
what is the notion of judicial independence
the notion that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law
who appoints the 9 judges of the SCC
the governor in council
about what percent of applications for cases does the SCC grant
about 10%
what are some factors that contribute to case backlogs (case delay) (6)
lack of judicial resources, ineffective use of resources, too few judges, complexity of criminal cases, inadequate case flow management, and efforts of defence counsel to lengthen the period of time that the accused are confined prior to trial on remand
what did the ruling in the SCC case R. v. Jordan (2016 SCC 27) redefine
the constitutional right to trial within a reasonable time, now if a case has determined to be in violation judges could consider ordering a stay of proceedings or dismissal of the charges. the case set presumptive timelines for the disposition of cases in the courts from the time the person is charged to the actual or anticipated end of trial.
what are the presumptive timelines for cases tried in provincial court and superior court
18 months for provincial, 30 months for cases in the superior court
arguments FOR police checks
- If properly done there can be more community engagement, provide resources to people who need help/ point them to existing resources- help build trust with police
- Justice: ‘maintain something and peace within a community’- one of the 4 values of policing
- Crime prevention, public safety,
- Important to find balance between necessity of doing their job and protecting people’s interests/safety
- Should only be allowed when necessary
- Can be useful: protection and maintaining peace
Police should read rights before carding
arguments AGAINST police checks
- Stigmatization and over criminalization- often the same neighbourhoods and targets specific group of inds.,
○ Cycle of disadvantage- labelling theory, when known for being arrested- harder to find jobs and housing/ criminal records, police checks can be permanent
- Interventions leading to police violence- more often than not lead to criminalizatoin
- Raise privacy concerns for the public- breach of privacy
- Possible alternative: social worker conducting police checks instead of officer
- Discriminatory patterns
- If doing a police check and finding they have a record there’s more discrimination
- Uses resources that could be directed in other places
- Peoples reactions could cause problems with police even when they are warranted
- Can’t really give an effective method bc the whole system is rooted in discrimination and colonialism
- Other ways to protect black communities,
- Often youths first contact with police is in these street checks- bad way of first interaction
- Discretion and bias
Presented as a necessity and public protection but in practice it’s not regulated- too much ambiguity
what does a sherman report look at
crime prevention strategies and what works vs. what doesn’t, want evidence-based
arguments FOR the use of typifications
- Efficiency and resource allocation (monetary and manpower)
○ Would overwhelm the justice system if they processed EVERYONE, it’s just not possible it would ‘grind to a halt’
○ Part of crime funnel- Police ‘are’ trained on how to use discretion and typifications
- Can help them differentiate people in mental distress who need mental health support and people who actually need criminal justice intervention
- Past experience can help predict the future
○ Crime prevention
○ When hiring employers take into consideration the applicant’s knowledge and experience that can be used
We all have bias- we all draw upon what’s readily available in our mind (experiences and knowledge) about how to act
arguments AGAINST the use of typifications
- Officers are over-reliant on them, there’s a lack of critical thinking
- Leads to discrimination bias
- Fails to look at the actual issue/cause of the problem and actual evidence but rather is based on stereotypes
- Goes against our charter rights
- Generalizations- making assumptions of certain facts
- Community distrust in police and system
- Relying on past events to solve current issues- police could target people with criminal backgrounds (even though they could have turned their life around)
- Need equal and even application of the law- Gives unfair advantage to some people
- If discretion is used too much at what point is the law the law? and who does it really apply to?
- Abolishing it helps break apart the bias of the whole system (just a bit at least)
def. of policing
activities of any ind. or organization acting on behalf of public of private organizations to maintain security or social order
new laws and amendments to existing legislation can have a sharp impact on what (3)
- police powers;
- the demands placed on police services;
- how police services set and attempt to achieve their operational priorities
def. of core policing
playing a multifaceted role in the community, which includes collaborative partnerships with the community, requires officers to have a multifaceted skill set and to respond to a variety of things
a study conducted in 2016 found that what was the world’s most diverse city, what percent of that cities population is foreign born, and how many nationalities are among its residence
Toronto, 51% foreign born, 230 nationalities
What act states that it is the policy of the government of Canada to “ensure that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity”
Section 3(e) if the Canadian Multicultural Act
which act prohibits discrimination on the grounds of “race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, genetic characteristics, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”
the Canadian Human Rights Act
why was the first full-time police force created
to address the rising fear of crime and disorder ASSOCIATED WITH THE INDUSTRIAL REVOLUTION
9 principles of Sir Robert Peel
- The basic mission of the police is to prevent crime and disorder.
- The ability of the police to perform their duties depends upon public approval of their actions.
- Police must secure the cooperation of the public involuntary observance of the law in order to secure and maintain the respect of the public.
- The degree of public cooperation with police diminishes proportionately to the necessity of the use of physical force.
- Police maintain public favour by constantly demonstrating absolute impartial service, not by catering to public opinion.
- Police should use physical force only to the extent necessary to ensure compliance with the law or to restore order only after persuasion, advice and warnings are insufficient.
- Police should maintain a relationship with the public that is based on the fact that the police are the public and the public are the police.
- Police should direct their actions toward their functions and not appear to usurp the powers of the judiciary.
- The test of police efficiency is the absence of crime and disorder.
t/f- Policing is the largest component of the criminal justice system and receives the biggest slice of the funding pie (approximately what percent)?.
true, 60% of the pie
what are the 2 reasons the numbers of police officers have declined in recent years
- Officers retiring,
- cutbacks on funding
def. of contract policing
arrangement that the RCMP and provincial police forces provide provincial and municipal policing services
RCMP activities
federal policing, contract policing at prov. and municipal levels, international peacekeeping
what is the problem with the broad range of activities of the RCMP
its resources and capacities are usually over-extended, concerns about if they’re getting enough resources do effectively deliver policing services
pros and cons of regional police services
pros: more effective at providing a broad range of policing services to communities, less expensive that having multiple independent municipal departments
Cons: arrangement is too centralized, does not offer the opportunity for effective community policing
The major urban police services have similar divisions, or sections. what are they (6)
- human resources
- administration
- operational patrol
- investigative
- support services
- research and planning
The rapid growth of the private security industry has led to what concerns
militarization of parapolice as it is expanded to include order maintenance and enforcement (vs. just protection of property and loss prevention)
what attributes of the police academy don’t fit well with the principles of community policing
hierarchal paramilitary structure that encourages an ‘us vs. them’ mentality, deference to authority, and the development of strong bonds and in-group loyalty among recruits
what is political policing
secretive police investigative activities and surveillance of persons and groups deemed to be a threat to the stability and status quo of the state
why is the separation of powers between the police and other levels of the CJS important
because it helps to ensure that the police are not used in a political way to harass and punish political opponents and dissidents
how are tensions between the police and other components of the criminal justice system, notably the courts, reflected
police often argue that the courts focus too much on the rights of the offender and less on the rights of law-abiding citizens and victims, and police often get frustrated when offenders are released on a technicality or their sentence is deemed too lenient
explain the issue in any discussion of police work and how the police are to be governed
on one hand police need a degree of operational authority to effectively carry out their mandated tasks, but on the other hand, the principles of due process in a democratic society require that there be mechanisms in place to govern the police and make sure they don’t exceed their mandate and compromise the rights of citizens
major concern of the militarization of policing
rather than making communities safe and secure, it drives a wedge between the police and the community and undermines the principles of Sir Robert Peel
Police Acts
legislative framework for police services
def. of policing standards
NEED ANSWER
who oversees the police
police boards and commissions
the increasing use of high-tech surveillance devices by police is giving rise to what allegations
abuse of authority and violating the rights of individuals
what is the principle of accountability
that the actions of police officers and forces must be subject to review and there must be formal channels for an ind. wanting to file a complaint
what are recipes for action
the acts performed by police (usually a patrol officer) during various kinds of encounter situations
what is pre-text policing
police stops or searches for a minor reason (traffic violation) that are used for more intrusive intervention (vehicle search)
