part 2 Flashcards
1
Q
What is crime?
A
Violation of a criminal law and an act determined by a court to be so (guilty)
2
Q
What is social control?
A
Organized reaction to behaviour viewed as problematic
3
Q
What are the 3 major government agencies in the criminal justice system?
A
Police, courts, and corrections
4
Q
What is the role of police?
A
Investigate crimes
5
Q
What is the role of courts?
A
Determine guilt or innocence
6
Q
What is the role of corrections?
A
Where the sentence is carried out
7
Q
What is the purpose of the criminal justice system?
A
Control of crime, prevention of crime, and maintain justice
8
Q
What is the 1st assumption of justice?
A
Guilt/innocence/sentence should be fair
9
Q
What is the 2nd assumption of justice?
A
Punishment should fit offence and offender
10
Q
What is the 3rd assumption of justice?
A
Similar cases should be treated alike/different cases treated different
11
Q
What is disparity in the context of justice?
A
Authorities using illegitimate factors in making decisions
12
Q
What is substantive justice?
A
Truthfulness of allegations, accuracy of the verdict and the appropriateness of sentence
13
Q
What is the adversarial system?
A
Both parties argue what evidence is considered by court, heard by impartial fact finder or judge, search for truth and accused legal rights are protected
14
Q
Who is responsible for policing?
A
Federal, provincial and municipal governments
15
Q
What is the most common type of police agency?
A
Municipal
16
Q
What are the responsibilities of the RCMP?
A
All levels of policing, federal statutes, forensic labs, Canadian Police College, CPIC
17
Q
What is Court level 1?
A
Provincial/lower courts
18
Q
What is Court level 2?
A
Court of Queen’s Bench
19
Q
What is Court level 3?
A
Appeal courts - highest in any province
20
Q
What is the Supreme Court of Canada?
A
Highest authority in any criminal or civil matter in Canada
21
Q
What do most defendants do in provincial courts?
A
Enter the provincial courts plead guilty to their crime during initial appearance
22
Q
What do provincial courts do?
A
End up hearing most cases
23
Q
What do Superior Courts have to do?
A
Hear certain offences such as murder
24
Q
What is the role of the Judge in court?
A
Sits in front and faces everyone, is addressed ‘your honour’.
25
What does the Prosecutor do?
Faces the judge and presents the crown or government's case to see justice is done.
26
What is the role of the Defense Counsel?
Presents the accused or defendant's case and presents doubt in the case.
27
Where is the Accused/Defendant during the case?
Present in court during the entire case or in the prisoner's box.
28
Who are the Witnesses in court?
Victims, police officers, and defense witnesses who sit in the hallway until called.
29
What is the role of the Clerk in court?
Sits in front of the judge, calls the courtroom to order, and records proceedings.
30
Who are the Observers in court?
Open to the public unless otherwise ordered, sit in the rear of the courtroom.
31
What is the role of the Sheriff?
Maintains security within the courtroom and handles any prisoners.
32
What are the types of Sentences?
Fine, probation (non-custodial sentences), federal/provincial facilities (custodial sentences).
33
What is Federal Corrections?
For sentences of two years or more.
34
What is Provincial Corrections?
For sentences of two years less a day.
35
What percentage of offenders are sentenced to probation?
The majority of offenders.
36
What percentage of female inmates are in provincial and federal populations?
10% of provincial and 6% of federal population.
37
What are the statistics for provincial sentences?
54% are serving less than 31 days.
38
What are the statistics for federal sentences?
55% are serving 2-3 years.
39
What is the role of corrections?
Deter crime, incapacitate habitual offenders, and rehabilitate offenders.
40
What do CJ agencies operate?
Interrogations, gathering evidence, and processing accused through courts.
41
What is the purpose of an Arrest?
To ensure court appearance and prevent commission of crime.
42
What is a warrant?
Can arrest with or without a warrant.
43
What is detention or remand?
Police/prosecutor must show that the accused should be held in custody.
44
What is a judicial interim release hearing?
A hearing to ensure the accused attends court.
45
What is a fitness hearing?
Determines if the accused is fit to stand trial.
46
What happens during the first court appearance?
Charges are read and the accused enters a plea.
47
What is a preliminary inquiry?
An inquiry to see if a trial is necessary for an election indictable offence.
48
What occurs during the trial?
A judge alone or a judge and jury determine proof beyond a reasonable doubt.
49
What are the possible outcomes of sentencing?
Discharge, probation, incarceration, suspended sentence, fine, or a combination.
50
What are the goals of due process?
Protect individuals from government, enhance legal rights of the accused, ensure fairness, equality, and justice.
51
What are the policies of due process?
Limit and control the powers of police, crown, and judges to ensure equal treatment.
52
What is the purpose of due process?
Ensure defendants' rights are protected.
53
What are the goals of crime control?
Deter crime, protect citizens, punish offenders, and promote assembly line justice.
54
What are the policies of crime control?
Increase the number of police officers, correctional facilities, and sentences; guilty until proven innocent.
55
What is the purpose of crime control?
Reduce the number of criminals on the street.
56
What is the concern of the criminal justice system?
Enforcement of law, processing the accused, and punishing convicted individuals.
57
What does processing the accused include?
Determining if the accused broke the law, how laws are made, and legal protections given to the accused.
58
What is substantive criminal law?
Declares which actions will be punished and legally defines crime; components include mens rea, actus reus, and harm.
59
What term was used prior to 1983 for sexual assault?
Rape.
60
What is common law?
Laws based upon local custom.
61
What can be found unconstitutional?
Laws under the constitution.
62
What is statute law?
Divided among federal, provincial, and municipal governments.
63
What is case law?
Previous court decisions; the Supreme Court of Canada has the ultimate decision.
64
What is administrative law?
Similar to statute law; all levels of government can enact it.
65
What is the Charter of Rights & Freedoms?
Enacted April 17, 1982; protects citizens' property and rights.
66
What was established in R. v. Stinchcombe (1991)?
Prosecution must disclose all information that will be used in the trial.
67
What are excuse defenses?
Defendant admits crime but denies criminal responsibility; includes age, mental disorder, automatism, mistake of fact/law.
68
What are the three criminal offences?
Summary conviction, indictable offence, and hybrid.
69
What is a hybrid offence?
An offence that could be either summary or indictable.
70
What are examples of criminal law reform?
Anti-gang legislation and the Safe Streets Act.
71
What are the four punitive models?
Justice, deterrence, selective incapacitation, and rehabilitation models.
72
What are non-punitive models?
Restorative justice and aboriginal justice.
73
What are the principles of the justice model?
Fairness, protection of human rights and dignity, elimination of discretionary powers of prosecutors, judges, and parole boards.
74
What are the criminal sanctions of the justice model?
Severe crime means severe punishment; prior record is important; alternate sanctions for minor offences; incarcerate dangerous offenders.
75
What are the goals of the deterrence model?
Prevent future crime; individuals participate in an action after considering risks and benefits.
76
What is specific deterrence?
Directed at the offender.
77
What is general deterrence?
Directed at the public.
78
What are the criminal sanctions of the deterrence model?
Individuals will not commit crime because of certain punishments.
79
What is the purpose of the sex offender registry?
Identify and eliminate suspects and determine if a serial offender is involved.
80
What is the selective incapacitation model?
Separates high-risk offenders from low-risk offenders; incarcerates the most dangerous for longer periods.
81
What are the criminal sanctions of selective incapacitation?
Focuses on chronic, career, and repeat offenders deemed most dangerous.
82
What is the rehabilitation model?
Focuses on individual treatment; attention is placed on the offender rather than the criminal act.
83
What are the criminal sanctions of the rehabilitation model?
Apply appropriate punishment.
84
What are the ideals of aboriginal justice?
Informal, focus on healing instead of punishment, mediation, and reintegration of the offender into the community.
85
What is the approach of aboriginal justice?
Communication is fluid, native language is used, no time limits, and extended family are represented.
86
What are the models of aboriginal justice?
Sentencing circles, elders of community sentencing panel, advisory committee, mediation committee.
87
What are the key components of aboriginal justice?
Recognize elders and community leaders; focus on healing.
88
What is restorative justice?
Believes in a shaming process that is better than punishment; offenders are confronted by victims to explain the harm done.
89
What are the components of restorative justice?
Must be voluntary by offender/victims; offender must admit responsibility; both parties agree on essential facts; both parties can have legal advice.
90
What are the goals of restorative justice?
Accountability, prevention, and healing.
91
What are the three methods to measure crime?
Uniform crime reports, victimization reports, and self-report surveys.
92
What factors affect crime trends?
Age structure, tolerance for certain offences, and new laws.
93
What is the history of uniform crime reporting in Canada?
Established in 1961 to generate reliable crime statistics.
94
What does UCR record?
Number of incidents reported to police, actual offences, offences cleared by charge, adults charged, youths charged, and gender.
95
What are the issues with victimization reports?
Not all victims report crime; unreported crime remains unknown.
96
What are the benefits of victimization surveys?
Identify why victims do not report, the impact of crime on victims, and the population at risk.
97
Who is at the highest risk of violent victimization?
Young people (15-24), single, separated/divorced individuals, urban populations, and higher rates among gays and lesbians.
98
What are the types of crime?
White-collar crime, computer crime, organized crime.
99
What is white-collar crime?
Frauds in business.
100
What is computer crime?
Involves computers used in all types of thefts or extortions; also known as cyber crime.
101
maurin and marshall
wrongfully convicted, people in the system not doing their job.
102
disrepute in CJ system
great concern
103
charter of rights
reflection of the due process model
104
bail
judicial interim release hearing
105
election
judge alone, judge and jury or prov judge alone.
106
CJ funnel
funnel'd out, small amount of people come out as criminals
107
What is procedural criminal law?
It is the body of law that outlines the rules and processes for the enforcement of criminal law.
108
What is the Charter of Rights and Freedoms?
It is a part of the Canadian Constitution that guarantees certain fundamental rights and freedoms to all Canadians.
109
What is common law based on?
Common law is based on social norms of society.
110
What does Section 8 refer to?
Section 8 refers to unreasonable search and seizure.
111
What is habeas corpus?
Habeas corpus is the right to have a court review an arrest to ensure it is lawful.
112
What are legal defenses in criminal law?
Legal defenses include excuse and justification defenses.
113
What are excuse defenses?
Excuse defenses include age, mental condition, automatism, mistake of fact, and mistake of law.
114
What are justification defenses?
Justification defenses include duress, necessity, self-defense, provocation, and entrapment.
115
What is provocation in criminal law?
Provocation refers to a wrongful act or insult that may justify an accused's response.
116
What is entrapment in criminal law?
Entrapment occurs when a person has been set up to commit an offense by law enforcement.
117
What is a summary conviction offense?
A summary conviction offense carries a penalty of up to $5000 or six months in prison.
