The Criminal Legal System - week 21

Question 1

6 MAIN AREAS OF CRIMINOLOGY

Answer 1

1. The definition of crime and criminals
   → what are the kinds of acts that we define as crime and who do we define as criminals
2. The origins and role of the law
   → the role of our legal system
3. The social distribution of crime
   → trends in crime over time and across locations
4. The causation of crime
   → strain theory, social control theory, differential association, labelling
5. Patterns of criminal behaviour
   → particular types of crime
6. Societal responses to crime
   → how we deal with certain crimes changes and shifts over time

Question 2

Federal (RCMP)

Answer 2

• enforce all federal legislation
• act as provincial police force in all jurisdictions except Ontario, Quebec, and some parts of Newfoundland and Labrador; act as municipal forces in some communities

Question 3

Provincial (OPP)

Answer 3

• fills gaps between municipal services
• patrols provincial highways and waterways
• investigates cross-jurisdictional major crimes
• provides support to municipal forces for major cases

Question 4

Municipal (Kingston Police)

Answer 4

• respond to local emergency calls, patrol public areas, regulate traffic, control crowds, etc

Question 5

Indictable offences

Answer 5

• more serious crimes with more serious punishments
• fines over $5000 - breaking and entering, aggravated assault, murder)

Question 6

Summary convictions

Answer 6

• less serious crimes with less severe punishment
• fines less than $5000, jail cannot be more than 2 years less a day

Question 7

Hybrid offences

Answer 7

• severity of crime and punishment is largely dependent on the circumstances surrounding the crime
• ex) impaired driving - magnitude of impairment, were other people in the car

Question 8

Provincial Courts

Answer 8

• summary offences and less serious indictable offences
• judge, no jury

Question 9

Superior Court of Justice

Answer 9

• more serious criminal offences
• choose between judge or judge and jury (exception: murder – judge + jury always)
• ex) murder, man slaughter, drug trafficking

Question 10

Supreme Court of Canada

Answer 10

• cases of public importance and national significance; final court of appeal and last judicial resort
• raise important issues related to the laws in Canada
• doesn’t hold trials in the same way - a judge hears a claim and makes a decision - no lawyer arguing for cases

Question 11

Federal penitentiary - Incarceration

Answer 11

• 2+ years
• reserved for inmates who have been convicted of an indictable offence

Question 12

Provincial prison - Incarceration

Answer 12

• less than 2 years
• convicted of a summary offence
• release through parole or sentence expiry

Question 13

Conditional Sentence

Answer 13

• i.e. house arrest
• being monitored
• wearing an ankle bracelet
• strict boundaries, strict curfews

Question 14

GLADUE REPORTS

Answer 14

• in sentencing Indigenous peoples, judges should consider information through a report based on two factors:

1. The unique systemic or background factors that may have played a part in bringing the person before the courts
2. The types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of their indigenous heritage or connection