Brainscape's Knowledge GenomeTM

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


See full index

Sociology 227 - Canadian Criminal Justice > Part 1 > Flashcards

Part 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Sociology 101 flashcards
1
Q

3 main pillars of criminal justice

A
  1. corrections
  2. courts
  3. police
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

define Canadian justice system

A
  • system of actors and agencies
  • prevention of crime
  • response to crime
  • justice is served and respect to offenders and victims
  • definitions are subjective because every person’s reality is different
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

purpose of the CCJS

A
  • prevent crimes
  • respond to crimes
  • ensure safety and protection
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

define crime

A
  • an act or omission that is prohibited by criminal law
  • made up of 2 parts:
    1. actus reas
    2. mens rea
  • the defintion of crime can change
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

actus reas

A

commission of an act

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

mens rea

A

mental intent to commit the act

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

constructionist perspective (berger and luckmann)

A
  • our social world is constantly being constructed and interpreted
  • all meaning and societal norms are social created
  • importance of context
  • the role of power of well established in the criminal justice system
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

social construction of crime and deviance

A
  • this is a process by which same behaviour may be considered criminal in one society and an act of honour in another society or in the same society at a different time
  • importance of social responses
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

thinking critically about the CCJS

A
  • the criminal justice system is a reflection of a dynamic, changing society
  • there are different definitions of justice and whats wrong between people
  • we are led to believe that over time the CCJS is changing alongside society
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

deviance

A

not adhering to social norms but not breaking the law

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

value consensus model

A
  • crime and punishments are imposed and reflect our limited tolerance
  • reflects the values of our society
  • this can be problematic because the values of society can be subjective and can change
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

conflict model

A
  • reflections of those in power and their effect of laws
  • political and economic systems in place that dictate law and criminal law
  • conflict theorists see the rich and privileged as having an advantage in influencing law reform and in what happens to persons who become involved in the criminal justice system
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

criminal law

A
  • the body of law that deals with conduct deemed harmful to society, prohibited by statute, and punished by the government
  • stream of public law
  • 2 primary sources:
    1. legislation
    2. judicial decisions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

substantive law

A

law that sets out the rights and obligations of each person in society; includes the Criminal Code

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

procedural law

A

the legal processes that protect and enforce the rights set out in substantive law

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

common law

A

law that is based on customs, tradition and practice and is generally unwritten

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

precedent

A
  • judicial decisions that may be a standard in similar cases thereafter
  • judges and courts have a lot of discretion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

rule of law

A
  • requirement that the government and all individuals subjected to and must abide by the law
  • white collar crime does not necessarily follow rule of law
19
Q

stare decisis

A

principle by which the higher courts set precedents that the lower courts must follow

20
Q

statute law

A

written laws that have been enacted by a legislative body such as the Parliament of Canada

21
Q

case law

A

law that is established by previous court decisons and is based upon the rule of precedent

22
Q

2 main legislations of the CCJS

A
  1. to protect (canadian charter of rights and freedoms)
  2. to punish (the criminal code of canada)
23
Q

the flow of CCJS

A
  • police → courts → corrections
  • realistically not that seamless due to systemic issues
24
Q

roles at the federal level

A
  • determines what is a criminal offence
  • responsible for the criminal code
25
Q

role at the provincial/territorial level

A
  • administers the justice system
  • responsible for law enforcement
26
Q

justice

A
  • quality of fairness
  • equitable outcomes
  • open to interpretations
  • abstract
27
Q

law

A
  • set of formal rules
  • establishes orders
  • concrete
28
Q

purpose of the CCJS

A
  • prevent and respond
  • access to justice
  • uphold rights of victims and offenders
  • safety and security
29
Q

the adversarial system

A
  • both the prosecution and defence get to present their cases as a way to determine guilt or innocence
  • our current system in Canada
  • involve crime control, due process, burden of proof
30
Q

the flow of adversarial system

A

presumption of innocence → burden of proof → innocent or guilty

31
Q

crime control

A

protection of community and apprehension of offenders are paramount

32
Q

due process

A

legal rights of all members of society held in high regard

33
Q

the frameworks of criminal justice

A
  1. retributive justice
  2. restorative justice
  3. transformative justice
34
Q

retributive justice

A
  • less concerned with mending to community and alternative forms of justice
  • there is a crime, and there is an offender and a punishment must be determined
  • punishment focussed
35
Q

restorative justice

A
  • problem solving approach/response to crime
  • responding to offenders based on the principle that criminal behavior injures victims, communities and offenders
  • all parties come together to devise a solution to the problem
  • mediation
36
Q

transformative justice

A
  • looking at systems at work before the outcomes of offenders
  • focussed on healing and crime prevention through root causes of crime
37
Q

measuring crime

A
  • uniform crime reporting survey
  • crime severity index
  • general social survey (GSS)
38
Q

dynamics and values of the CCJS

A
  • discretion
  • ethics
  • task environment
  • accountability
39
Q

discretion

A

the power or right to decide or act according to one’s own judgment

40
Q

task environment

A

cultural, geographic and community setting in which the criminal justice system operates and justice personnel make decisions

41
Q

ethics

A

foundation of knowledge that describes right/wrong or better/worse and applies to harm/care and fairness/reciprocity

42
Q

accountability

A
  • officials must adhere to the rule of law and the law generally
  • CCJS personnel may be subject to criminal or civil prosecution as well as internal and external review bodies
43
Q

ethical standards

A
  • integrity
  • impartiality
  • objectivity
  • duty to follow the law
  • appropriate personal conduct

Sociology 227 - Canadian Criminal Justice (13 decks)

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