Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

crim and justice > overview of criminal justice in canada (lec 1) > Flashcards

overview of criminal justice in canada (lec 1) Flashcards

1
Q

what is crime? (3 definitions)

A

legal: behavior prohibited by criminal code

social: behavior that violates social norms

social-constructionist: behavior so defined by those that have
power to

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

What is Canada’s CJS Framework? What does it mean? What is the goal/purpose?

A

Adversarial system:

  • 2 parties looking to win case

-trial heard by judge

-purpose: truth

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

Advantages and limitations of adversarial system

A

Pros: -division of actors + agencies
- evidence examined as much as possible
-promotes legitimacy of CJS

Cons: -need cooperation of parties
-lengthy trials
-sometimes exclusion of relevant evidence

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

What is substantive justice? Procedural justice?

A

substantive: accuracy of outcome

procedural: fairness of outcome

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

why is substantive and procedural justice important?

A

ensure decisions are fair, equal and non-discriminatory

no fair procedure=no fair trial

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

rule of law

A

clear legal rules rather than by arbitrary
personal wishes and desires

sense of orderliness, subjection to legal rules
and accountability to legal authority

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

Basic elements of law

A

Scope: equality

Character: public, easy to understand

Institution: fairness+justice

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

What is access to justice?

A

-individuals equal under the law
-treated without discrimination

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

What is the legitimacy of institutions? What happens without it? What do supporters of it believe?

A

agreement with efforts of institutions to control crime

without it: rule of law is questioned

supporters: have perceptions of fairness and equality from institutions

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

What rights does Due process model (Herbert Packer 1968) focus on? What does it look to prevent and ensure?

A

-rights of suspect
-preventing abuse of power
-ensure innocent not convicted

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

What is the goal of the Crime control model (Herbert Packer 1968)? How does it acheive that goal? What are the punishments associated?

A

-control/suppression of crime

-reduce crime by lengthy incarceration

-punishments: mandatory sentences, longer prison terms,
elimination of parole

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

Focus of medical(rehab) model? (King 1981) What stages of the does it system occur?

A

-rehabilitate convicted

-occurs at latter stages of the system

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

What is the concept of bureaucratic model? (King 1981)

A

-CJ constrained by limited resources + pressure to solve crimes

-defendants tried and sentenced efficiently as possible

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

What is the concept of punitive model of victims rights? with respect to what rights conflict (Roach 1999)

A

-rights of victims and potential victims conflict with rights of accused

-punitive: meaning inflicting or intended as punishment

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

Concept of the non-punitive model model of victims rights? (Roach 1999)

A

successful crime prevention thru:

-family+community building

-restorative justice

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

What are Ruth and Reitz’s Unified Goals (5 goals)

A
  1. reduce crime
  2. confront fear
  3. justice include: victim, potential victims + offender
  4. justice system: create+maintain faith in its legitimacy
  5. proportianate punishment
17
Q

What is criminal justice in canadian society today? What are the 3 assumptions of the CJS? What must it take into account?

A

justice: fairness of criminal law system

Assumptions:
1. guilt, innocence + sentence determined fairly

  1. proportianate punishment
  2. similar cases treated similarly, vice versa

available evidence taken into account

18
Q

Structure of CJS- Police. What are the 3 main levels of police, what do they focus on?

A

municipal: city police (ex. toronto police)

provincial: -jurisdictions outside municipal control (ex. OPP)
- 3 departments; Ontario, Quebec , Newfoundland

Federal: enforce laws created by parliament (ex. RCMP)

19
Q

Structure of CJS- Courts. What are the 4 levels of court?

A

Provincial, Superior, Appeal, Supreme

20
Q

What does each level of court mainly deal with?

A

Provincial: criminal cases

Superior: most serious criminal + civil cases

Appeal: -review of lower court decisions or proceedings by a higher court
-matters of federal law
-highest level in province/territory

Supreme: -civil law of Quebec + common law in canada
-greatest authority

21
Q

Structure of CJS- Corrections. What are the 3 main branches of corrections? What kind of sentence does each one cater too?

A

province/territory: -sentences under 2 years
-non-custodial sentences (alts to prison)

federal: sentences of 2+ years

community: -determined/sentenced by government
-parole and probation

22
Q

What is criminal procedure?

A

how CJ agencies operate

-during interrogation of suspects, gathering of evidence, and processing accused thru courts

23
Q

what are the two trials in criminal procedure?

A

Pretrial and trial

24
Q

What does each trial address?

A

Pretrial: -arrest
-initial appearance
-detention
-bail/custody

Trial: -first court appearance
-formal charge or preliminary inquiry
-trial

25
Q

What happens at the end of a trial? What does it depend on?

A

Sentencing, depends on charges + prior record

26
Q

What happens to someone after they are sentenced?Are there alternatives? After release?

A

Incarceration - federal/provincial jail
- after release, regular contact with parole officer

Alternatives- rehab/treatment
- community sentences
-most offenders don’t serve full sentences

27
Q

What is informal organization?

A

how an organization operates in reality, as opposed to its formal roles and responsibilities

-criminal justice officials-discretionary powers-what to do with cases

28
Q

What are the 2 models of informal organization, and what are they used for?

A

wedding cake model: -distinguish b/w serious and less serious crimes

funnel model: journey from committing
crime –> punishment

29
Q

What is discretion?

A

acting on one’s own authority and judgment

In law context: discretion within legal guidelines

30
Q

What are the 3 potential outcomes of discretion?

A

Disparity, Extralegal Factors, Discrimination

31
Q

What are the main ideas of each of outcome of discretion?

A

Disparity- unequal treatment in punishment
-concern: illegitimate factors used in decision making

Extralegal Factors: -factors which exist outside of the law (ex drug use, religion)

Discrimination: -different treatment of individuals based on groups they belong too

32
Q

What are the 4 types of discrimination in the CJS?

A

Systemic, Institutionalized, Contextual, Individual

33
Q

What does each type see discrimination as a result of?

A

Systemic: by institutions (thru entire CJS)

Institutionalized:disparities in decision outcomes due to policy

Contextual: result of organizational policies in CJS

Individual: individual employed in CJS acts discriminatory

crim and justice (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions