POLS3300 midterm 1 Flashcards
STUDY
1
Q
what kind of network is the criminal justice system based on?
A
network of procedurally connected boards
2
Q
what is the criminal justice system made up of?
A
Police, corrections, and courts
3
Q
what is the parole board responsible for?
A
decisions after sentencing
4
Q
what are the crown and defence council responsible for?
A
crown - prosecutes
defence - protect interest of client
5
Q
the formal system of criminal justice excludes what council?
A
defence council
6
Q
the informal criminal justice system includes…
A
media, defence council, and victim groups
7
Q
what factors influence crime rates?
A
social and economic factors
8
Q
the crime severity index is organized by…
A
- severe crimes = heavier weight
- trends overtime
9
Q
3 rules of crime statistics are…
A
- responsibility for trends depends on if theyre good or bad
- reaction of critics to stats depends on where theyre study is heading
- major incidents = negative discussion up, positive discussion down
10
Q
the main role of the criminal jsutice system is to
A
provide safety and security
11
Q
institutionalism shapes decisions of
A
actors, and actors shape decisions of institutions
12
Q
institutions are made up of
A
law rules and policy structures
13
Q
actors include
A
politicans bureaucrats and CJ actors
14
Q
the executive is part of
A
the legislator
15
Q
the charter is classified as
A
an entrenched bill of rights (shapes the CJS)
16
Q
central concepts for the CJS include
A
authority, power, and accountability
17
Q
accountability focuses on
A
checks and balances in government power
18
Q
independence focuses on
A
finding a balance, cant have too much or to little independence
19
Q
the 2 factors of the nature of the criminal justice system are
A
- high degree of separation
- CJ policy is symbolic and value-driven
20
Q
police main focus is
A
public order, crime prevention, law enforcement
21
Q
crown main focus is
A
prosecute, provide legal advice, and focus on public interest
22
Q
defence main focus is
A
represent the rights of the accused
23
Q
corrections main focus is
A
carry out sentences, assist in rehabilitation and reintegration
24
Q
section 91 focuses on
A
federal responsibilities (criminal law)
25
section 92 focues on
provincial responsibilities (quasi criminal law - regulatory)
26
section 7-14 is classified as
legal rights
27
section 7 is
life liberty and security
28
section 8 is
rights against unreasonable search and seziure
29
section 9 is
right to not be randomly detained or imprisoned
30
section 10 is
rights upon arrest
31
section 11 is
rights upon charges
32
section 12 is
sentencing protections
33
section 13 is
right against self incrimination
34
section 14 is
right to an interpreter
35
section 24.2 is
exlcusion of evidence
36
stages of criminal law include...
investigation, pre trial, trial, post trial
37
a statue can be amended, revised, or changed by _____ ONLY
federal government
38
the criminal code was passed in
1892
39
pre criminal code, we used _____
common law
40
3 classifications of offences
1. indictable - most serious
2. summary - less serious
3. hybrid - mix of both
41
major amendments from 1968-1969 include
criminal law - homosexuality and abortion laws
42
major amendment of 2001
terrorism is added to criminal code
43
major amendment of 2019
minor but substantitve changes
44
bill c-51 repealed...
zombie laws and removed struck down laws
45
bill c-75 ...
reclassified offences and removed and missed struck down laws
46
the executive is the
core source of power
47
federalism defines what
what governments can and cannot do
48
the executive branch is comprised of
crown, governor general, PM and cabinet
49
the exectuive branch is responsible for
the administration of policy
50
the 3 members of cabinet are
1. minister (PM or Premier)
2. AG/ minister of justice
3. SG
51
the solicitor general is responsible for?
police corrections and community safety
52
main purpose of the SG is to..
create and develop policy, provide feedback to cabinet, and supervise agencies
53
CBSA stands for what?
canada border service agency
- enfore laws at border
54
CSIS stands for what?
canada service intelligence system
- reports threats of canadas security
55
CSC stands for what?
correction service canada
- administer correction system
56
PBC stands for what?
parole board canada
- grant, deny, revoke parole
57
RCMP stands for what?
royal canadian mounted police
- enforce federal laws
58
the ministry of the SG focuses on?
corrections, public safety and security, and policing services
59
*the two main roles of the MJ/AG is?
political member of cabinet, and chief legal officer
60
the political role belongs to the AG or MJ?
Minister justice
- amendments to crim code
- represent department of justice to cabinet
61
the legal role belongs to the AG or the MJ<
attorney general
- legal advice and defend government
- administration of justice, courts, and federal crown
62
the crown doesnt lay charges, the AG does. this is called ?
screening
63
section 13 of the constitution act was created to ?
seperate prosecution activities from the 2 roles (AG and MJ)
64
bijuralism is defined as
the combination of civil and common law
65
the SNC scandal was prosecuted for what?
bribery
66
what charges were layed in the SNC scandal?
fraud and corruption
67
The SNC case became a scandal because...
the minister of justice got pulled into decision and said they felt inappropriately pressured
68
the SNC scandal led to the development of what doctrine
the shawcross doctrine
69
the shawcross doctrine focused on
- sorting out responsibilities and relationship between the MJ and cabinet
- outlined do's and dopnts for each role
70
interstate federalism focuses on
relationship between 2 equal and independent orders of government
71
division of powers focuses on
shared authority between central government and political unit
72
division of powers can be difficule because?
some matters fall under both provincial and federal aspects
(firearms)
73
prosecution and the municipal government were already in place during ____
confederation
74
the fathers of confederation wanted to create a prosecution system that would be
unifrom across canada
75
allowing provinces to have decisions provides ________ on federal powers
checks and balances
76
allowing provinces to have decisions poses 3 problems:
1. inconsistency
2. violation of the rule of law
3. introduction of politics
77
the ___ is a strong example of checks and balances on federal division of powers
shawcross doctrine
78
____ and ____ are the only provinces that have their own police units
ON and QU
79
police are a sybol of the?
state
80
actors have legal authority to use?
lethal force
81
police are funded through?
public money (municipalities)
82
police require ____ from the government
autonomy from the government
83
half of policing units increase their budgets how often?
yearly
84
more funding doesnt mean_____
less crime
85
without _____ police cant function
public trust
86
section 494 (1)
anyone may arrest without warrant
87
section 494 (2)
owners can arrest anyone committing a criminal offence
88
section 494 (3)
anyone arresting without a warrant must deliver them to a peace officer
89
the citizens arrest act
power to arrest in reasonable time after crime is committed
90
section 495
peace officers can arrest without a warrant
91
a peace officer is classified as
people employed to maintain public peace
92
3 types of police agencies include:
1. federal (RCMP)
2. provincial (OPP)
3. municipal (toronto police)
93
we need ____ and ____ for police to function
accountability and independence
94
APEC scandal was?
metting of world leaders on UBC campus, students told they could protest or display posters (violation of rights), pepper sprayed crowds for not listening to them
95
the APEC scandal demonstrated?
the reason why the gov shouldnt interfere with police
96
the G20 protest was?
protest by civilians, police searched random bystanders, boxed in crowns, arrested many people
97
the boxing method used by police in the G20 protest is known as
kettling
98
theoretical model 1 is ____
the full police independence model
99
theoretical model 1 focuses on
- the police deciding what laws to and not to enforce
- says police are answerable to the law, not citizens
100
theoretical model 1 discusses what case
Hill v. Hamilton
- wrongfully convicted man who sued police for negligence
101
theoretical model 2 is ____
the core police independence model
102
theoretical model 2 focuses on
- direction from ministers (can provide direction but not over core principles)
- relies on confidence and expertise of police
103
theoretical model 3 is ____
the democratic police model (roach)
104
theoretical model 3 focuses on
- principle of ministerial responsibility
- says ministers should determine the policy
105
theoretical model 4 is ____
the governmental policing model
106
theoretical model 4 focuses on
- refusal of illegal orders
-says RCMP is under commissioner independence
107
any ministerial direction must be
written and made public
108
there are how many theoretical models?
4
109
the rcmp founded in
1873
110
who provided idea to start the RCMP
John A McDonald
111
western territories required policing because?
US tried to take the western land
112
RCMP 1905-1916
RCMP took over AB, MB, NB, NS, and PEI
113
RCMP 1920:
dominion police was national police at time
114
RCMP 1938
RCMP took over provincial policing
115
RCMP post WW2
expanded to NL and BC
116
RCMP 1974:
october crisis takes place
117
canadas national police force enforces what level of laws
federal laws
118
the Bastarach report was a class action on
class action against RCMP for sexual harassment
119
the Bastarach report included
2000 women, 3000 claims
120
The Bastarach report finds that
level of violence and SA high, rcmp says its sytematic and they cant fix it by punishing officers
121
the RCMP v. Canada was about
RCMP fought to form association, resulted in pay raises
122
systemic discrimination and racism relates to history with
indigenous people
123
RCMP played a role in colonzing the ___
west
124
RCMP played a role in enforcing what act
indian act
125
ON policing is enforced by what act
ON police service act of 2019
126
the community and police service act replace what act from 1990
police service act
127
first nations police are responsible for?
policing reserves
128
police boards are responsible for:
hiring chief of police, policy priorities, and considered the employer in issues with police
129
early police boards were effective or ineffective?
ineffective
130
ON police boards are a combination of ___ and ____
elected and appointed members
131
In ON, ____ must outweigh ____ members on the bolice board
appointed members must outweigh elected members
132
people who cannot join police service boards include:
former officers, judges, and lawyers
133
what is required upon joining a police service board?
training on sensitivity and rights
134
police force has risen over the past ________
20 years
135
the top three causes of death by police are:
1: firearms
2: restraint
3: tasers
136
from 2000- 2010 the average deaths by police per year were?
22.7 deaths
137
from 2011- 2022 the average deaths by police per year were?
37.8
138
issues with disproportionate force include:
1. disproportionate force applied to certain groups (blk+indig)
2. racial disparities reflected in use of force
NOTE: blk people make less than 10% of population but account for 25% of police deaths
139
there are privacy concerns with what kind of police equipment?
body cameras
140
police accountability speaks to limits on _____ power
government
141
accountability for police wrongdoings is important for
police public trust
142
complainants must earn ____ but police already have it
credibility
143
why is police accountability challenging?
1. evidence difficult to obtain
2. officers viewed as credible
144
police are viewed as _____ insiders
criminal justice insiders
145
the two tactics for police accountability include:
Internal and external accountability
146
examples of internal and external accountability are:
int: within organization itself
ext: courts+corrections, media, civilian oversight
147
SIRT stands for
serious incident response team
148
SIRT is responsible for
investigations of injuries and deaths of police officers both on and off duty
149
SIRT must investigate all scenes including the
discharge of a firearm
150
every province but ____ has SIRT
PEI
151
the SIU came about because of the
black action defence committee
152
1990 marked the creation of the ____ unit
special investigations unit
153
the Braidwood Inquiry suggest we need
departments like the SIU to investigate cases (like vancouver airport killing where guy was tased to death
154
the manitoba investigations unit was created after the _____ inquiry
taman inquiry
155
the taman inquiry came about because of
the officers who was charged after drunk driving that resulted in the death of a woman
156
the alberta SIRT was created because of
lobbying that occured with the chief of police
157
all SIRT agencies are led by a
lawyer
158
the only provinces with a fully civilian SIRT team include
ON, BC, MB
159
limitations of SIRT include
1. reactiveness
2. after fact accountability
3. lack of cooperation from officers
160
the Wood v Schaeffer case was about
2 officers who shoot and kill people, union rep had their notes vetted, this resulted in limited investigation and unreliable notes
161
after the Wood v. Schaeffer case, officers must now
complete notes in full before talking to a lawyer or union rep
162
the standard law for officers falls under the
standard of criminal fault s.25.1
163
LECA stands for
law enforcement complain agency
164
LECA was formerly known as the
office of independent police review director
165
LECA is responsible for:
investigating police misconduct and initiating criminal investigations
166
the SIU is a fully ____ body
civilian
167
the agency of ministry of the AG has what level of independence
full independence
168
most common type of injury investigated by the SIU is
custody injuries
169
inspectorate of policing is independent from
police forces
170
functions of the inspectorate of policing include:
complaint investigations
data sharing
advisor
171
the steps in the MR.BIG technique are:
1. target in mind
2. make contact with target
3. involve suspect in organization
4. introduce suspect to mr.big
172
