Midterm notes

Question 1

What are the factors that must be present in order to find the suspect guilty

Answer 1

-Actus reus: the act of crime
-Mens rea: the intent or mental state during the ac

Question 2

What are the components of CJS in Canada

Answer 2

-Law enforcement: policing
-court system: attorneys, judge, juries, etc.
-correction system: sentencing and punishment

Question 3

Crime vs. Diveance

Answer 3

-Crime: breaking the law
-Deviance: against norms and value of society; non and criminal behaviours

Question 4

moral entrepreneurs

Answer 4

job to:
-criminalize activities
-act against certain groups and behaviours
-forces legislations to law criminal statues

Question 5

Value consensus model

Answer 5

-crime and punishment reflect on shared beliefs
-“mala in se” wrong in themselves

Question 6

Conflict model

Answer 6

crime and punishment reflect on the law influenced by the higher groups

Question 7

Substantive law

Answer 7

states the crime that are against the law; criminal code

Question 8

Procedural law

Answer 8

defines procedures and clear process to ensure fairness

Question 9

Public law

Answer 9

-prosecutor represent the state; criminal, constitutional, administrative, civil

Question 10

private law

Answer 10

-dispute between two parties; contract, family, estate

Question 11

Common law

Answer 11

-base on custom, tradition, practice

Question 12

precedent law

Answer 12

-judicial decision

Question 13

Stare decisis

Answer 13

• stand by what is decided
  -lower courts follow precedent made by higher courts

Question 14

Functions of criminal law

Answer 14

-mechanism for social control
-maintain order
-define what is and is not acceptable
-assist in general and specific deterrence
-prosecute criminal behaviour
-protects group interest
-reduce personal retaliation

Question 15

rule of the law

Answer 15

-describes rights and beliefs that creates fair and just system
-equality, transparency, independent judiciary, accessible legal remedy
-accountability
-public and clear
-fair and efficient
-timely and ethical

Question 16

Charter of rights and freedom

Answer 16

Democratic - s. 3-5
mobility - s.6
legal - s.7-14
equality - s.15
language - s.16

Question 17

What is section 7: principles of fundamental rights

Answer 17

-no individual is denied their basic rights
-protect legal rights of suspects and convicted person

Question 18

Goals of the CJS

Answer 18

-protect; peace, prevent, investigate
-fair outcomes of cases
-treatment and rehabilitation

Question 19

what is Public perception

Answer 19

-idea of justice for all
-respect rights
-safety and security

Question 20

What are the roles and responsibility of government

Answer 20

-Constitution act- division of responsibility
-federal government- decides which act is criminal offence
-provincial/territorial- law enforcement and administering CJS

Question 21

Crime control model

Answer 21

-protection of community and apprehension of offenders; maintain public order, conviction, arrest, serve punishment, principle of detterence

Question 22

Due process model

Answer 22

-legal rights of all people; fair justice proceedings, rights are protected and respected, applies to criminal and civil matters, charter rights=equalizer, discover truths

Question 23

Adversarial system

Answer 23

-opposing parties present their case
-judge, juries, and public make a just decision
-presumption of innocence>burden of proof>innocent/guilty

Question 24

Flow of cases through CJS

Answer 24

incident>police system>criminal court system>correction and parole

Question 25

What is the role of discretion in CJS

Answer 25

ability to judge right or wrong

Question 26

What is detterent

Answer 26

-awareness that there are consequences to such acts

Question 27

Specific detterence

Answer 27

-prevent recidivism
-punishment

Question 28

General detterence

Answer 28

-deters others from offending
-lead by example

Question 29

Restorative justice

Answer 29

-address the needs of victims and offenders
-community involvement
-responsibility=accountability
-healing and support

Question 30

Retributive justice

Answer 30

• establish blame/guilt
• punishment=accountability
  -adversarial state vs. offenders

Question 31

What is the youth criminal justice act

Answer 31

-extrajudicial measures that:
-is effective and timely response
-acknowledge and repair
-family and community involvement
-opportunity for victim participation
-respect youth rights and freedom
-proportionate to the seriousness of the offence

Question 32

Social conflict theory

Answer 32

-conflict between social groups over resources, power, opportunity
-policing: racial profiling
-sentencing disparities: minority group receive harsher sentence
-access to legal representation: marginalised groups lack resources

Question 33

Critical race theory

Answer 33

-examine how race and racism are embedded in societal structure and institutions
-racial hierarchies in the legal system
-racism leads to overrepresentation
-colorblind approach

Question 34

What is intersectionality

Answer 34

-overlapping of social factors on individuals

Question 35

Rehabilitation theory

Answer 35

-emphasizes rehabilitation and reintegration
-address root cause=reduce recidivism

Question 36

Deterrence theory

Answer 36

-punishment prevent future offenders to commit crime

Question 37

Retributive theory

Answer 37

-balance between offence and punishment
-consider the seriousness of the crime for sentencing

Question 38

Community police theory

Answer 38

-emphasis on collaboration
-problem-solving and community engagement

Question 39

Feminists theory

Answer 39

• CJS response to gender based violence and advocate for gender sensitive approach that recognize women’s experience in the system
  -gender inclusive approach
  -address domestic violence and sexual assault issues

Question 40

Uniform crime reporting survey

Answer 40

-reported and validated by the police
-reported crimes collected by the police
-offences include; reported, actual, unfounded, cleared, adults and youth charges

Question 41

Crime severity index

Answer 41

-measure severity of the crimes
-crimes are given a weight depending on the seriousness of the crime

Question 42

General social survey

Answer 42

-perception of Canadians related to cjs
-experience w/ victimization
-self-reported data

Question 43

What are the primary activities of the police

Answer 43

-crime control; respond, investigate, community patrol
-oder maintenance; prevent and control, conflict intervention
-prevention and service; collaborate w/ community, provide more services

Question 44

What is qualify-life policy

Answer 44

• involvement in the community; develop and sustain, take initiatives, reassurance, outreach, collaboration, accessible resources

Question 45

Government and oversight

Answer 45

-Police acts: legislative framework
-policing standards: how police are maintained and delivered
-police board and commissions: provide oversight of police

Question 46

Police oversight

Answer 46

-authority
-oversees complaints
-investigate
-misconduct hearings under police service act

Question 46

Structures of policing in Canada

Answer 46

-Federal (RCMP)
-provincial
-regional/municipal
-indigenous

Question 47

Policing person with mental illness

Answer 47

-crisis intervention training received by police
-assertive community treatment team

Question 48

Missing and murdered indigenous women

Answer 48

-National inquiry into missing and murdered indigenous women and girls (MMIWG)
-find the truth, honour the truth, bring life to the truth

Question 49

How to improve police-citizen relationships

Answer 49

-leverage patrols
-enhanced community panels
-community policing initiatives
-community engagement
-empowerment