Shared Flashcard Set


Criminal Justice System Midterm
Undergraduate 2

Additional Law Flashcards




Crime Funnel
  • Criminal Justice System does not respond to every breach of the law
  • Most cases end with guilty plea
  • Few cases go to trial:2.5 million cases reported, 10% or less convicted in court
  • Private security policing has grown over the last 40 years
Federal, Provincial, Municipal Divisions of Power
  • Federal: decides which behaviours are criminal, also involved in administration of justice:RCMP
  • Provincial:oversee police service, responsible for the administration of justice
  • Municipal:enact bylaws, may not encroach on provincial or federal jurisdiction, may control police budgets and hire police chief
Parole Board
  • involved in making decisions about the release of federal inmates
Cost of operating CJS
  • approximatley $13 billion
  • majority of expenditure are associated with policing
  • more people awaiting trial than serving sentences
  • spending more money does not necessarily sove more problems
Ingredients of Crime
  • Actus Reus: the commision of the act
  • Mens Rea: the intent to commit the act
Criminal law
  • government prosecutes on behalf of the victim and the community
  • tried in criminal court
  • sanctions may include prison
  • may include fine
  • Proof beyond reasonable doubt
Civil law
  • every law except criminal law
  • wronged perosn brings suit in civil court
  • wronged pary seeks financial damages
  • proof on reasonable probability or belief(on a balance of probabilities)
Criminal Justice Issues in Multicultural Societies
  • Challenges to ensure that the rights of all citizens are protected
  • Cases in recent years have raised: Political, Cultural, Freedom of religion, legal issues
  • Ex. trying   to introduce sharia law in Ontario in 2004, knocked down in 2005
  • Concerns with the treatment of women and girls in some cultures; may be subject t o what our legal system would consider to be assault
Crime and Justice Issues in First Nation Communities
  • biggest challenges are: high rates of crime and victimization in many Aboriginal communities, overrepreentation of Aboriginal people at all stages of justice process
  • Problem solving community based justice programs(many based on the principles of restorative justice) have been developed
Arrest without Warrants
  • For search and seizure:
  • suspect is under arrest
  • officer self-protection
  • Prevention of evidence destruction
  • In an emergency situation
  • For Arrest and detention:
  • suspect is caught in the act
  • has committed or is about to commit an indictable offence
  • officer thinks the individual will fail to appear in court and believes the arrest is neccessary in  the public interest
  •  officer has reasonable grounds to belive that the individual is subject to an arrest warrant
Police: Making an Arrest
  • Officer must identify himself
  • inform the suspect:s/he is under arrest. The reason for arrest or show warrant
  • touch the suspect on the shoulder
Accoutability of RCMP
  • External Review Commitee: Appeals from disciplined RCMP officers
  • Commision for Public Complaints against RCMP:reviews citizens complaints about RCMP policing under contract
  • Most Complaints: involve abuses of authority, police officers' attitudes, quality of service
Basic Principles that apply in criminal law and justice in Canada
  • 1. Victoms of crime should be treated ith courtesy, compassion and respect
  • 2.the privacy of victims should be considered and respected to the greatest extent possible
  • 3. all reasonable measures should be taken to minimize inconveinience of victims
    • 4. the safety and security of victims should be considered at all stages of the criminal process and appropriate measures should be taken when necessary to protect victims from intimidation and retaliation
    • 5. information should be provided to victims about criminal justice system and the victims role and opportunities to participate in the criminal justice process
    • 6. victims should be given information, in accordance with prevailing law, policies, and procedures about the status of the investigation; the scheduling, progress and final outcome of the proceedings and the status of the offender in the correctional system
    • 7. information should be provided to victims about available victim assistance services other programs and assistance available to them, and a means of obtaining financial reparation
    • 8. the views, concerns and representation of victims are an important consideration in the criminal justice process and should be considered
    • 9. needs concerns anddiversity of victims should be considered in the development and delivery of programs and service
    • 10. information should be provided to victims about available options to raise their concerns when they believe that these principles have not been followed
Latin to English
  • actus non facit reum nisis mens sit rea: an act doesn't make a person guilty unless they have a guilty mind
  • nullum crimen sine lege, nulla poena sin lege: no crime without law, no punishment without a law
  • ignorantia juris non excusat: Ignorance of the law is no excuse
  • nemo tenetur seipsum accusare: No one is compelled to incriminate themselves
  •  nemo debet bis vexari pro eadem causa: No one shall be twice troubled by the same cause



Views of Policing
  • Public overestimates: Levels of crime, rates of recidivism, rates of parole release, reoffending rates of the parolees
  • people that have contact with police in non enforcement have a more positive view of the police
  • People wit low education have more positive view of police
  • people who have previously been victims more likely to be fearful
  • low income, visible minority and single parents tend to be more fearful
Law Reform Organizations
  • National Association of women and the law
  • National Action Commitee on the Status of Women
  • MADD
  • Canadian Professional Police Association
  • political accountability to governing authorities
  • legal accountability to the law through courts and judiciary
  • Accountability to administrative agencies including complaints commisions, human rights commisions, provincial police commisions, auditor generals, and ombudsmen
  • direct public accountability through mechanisms such as freedom of information legislation
  • ad hoc accountability through proceses such as royal commisions and other public inquiries
Structure of Policing
  • RCMP: federal, governed by the Minister of Public Safety and Emergency Preparedness
  • OPP, SQ, RNC: provincial, governed by the relevant provincial ministry
  • Municipal and regional police services, governed by police commisions or police services boards composed of elected or appointed citizens
Constitution Act 1867
  • federal government decides which behaviours constitute criminal offences
  • provincial/territorial governments are responsible for law enforcement and for administering the justice system
  • municipal governments are responsible for policing and bylaw enforcement
Charter of Rights and Freedoms(1982)
  • Presumption of innocence: a defendant is deemed innocent of the charge(s) until either convicted or acquitted
  • The Crown bears the burden of proof: it is a task of the Crown to prove guilt not the responsibility of the accused to prove his or her innocence
  • Doli incapax(too young for evil): a child under twelve cannot be held criminally responsible or prosecuted for criminal acts
  • Insanity: No one is criminally responsible and liable to punishment if incapable of knowing the act was wrong owing to mental disorder
  • Insanity: no one is criminally responsible and liable to punishment if incapable of knowing the act was wrong owing to mental disorders
  • Attempts are crimes: those who attempt crimes(going beyond merely the planning stage) commit an offence and are generally subject to half the penalty that the completed act would draw
Provinces with their own Police Force
  • Ontario OPP
  • Quebec: Surete de Quebec
Crimes: Wrong in Themselves
Stare decisis
  • to stand by what has been decided
  • cases decided based on precedent
Mala prohibitum
  • crimes only because they are prohibited
Categories of Offences under the Criminal Code
  • Summary offences:less serious offences, procedings must take place within 6 months, tried by judge alone
  • Indictable offences: serious criminal offences, may carry a maximum sentence of 14 years or more, tried by a judge or judge and jury
  • Hybrid offences: fall between summary and indicatble, decision as to which way to proceed is made by the prosecutor
Rule of law
  • all citizens are supposed to obey the law, to expect punishment if they break the law, and to look only to the legal system to respond to transgressions committed against them
  • the legal system in turn, must be fair and impartial in its responses
  • only elected officials can decide what is against the law
  • a law must be written clearly so that everyone- or at least lawyers- understand which action or activity is being referred to
  • a law must apply equally to everyone
  • to give the law "teeth" a penalty must be defined for breaking the law
Conflict and Consensus Models of Crime
  • Consensus Model: the view that crime and punishment reflect commonly held opinions and limites of tolerance
  • Conflict Model: the view that crime and punishment reflect the power some groups have to influenve the formulation and application of criminal law
R. v Askov
  • established the criteria and standards by which Canadian courts judge whether an accused's right under the Canadian Charter of Rights and Freedoms,Section 11(b) "to be tried within a reasonable time" has been infringed
Representation of women and Aboriginal people in police services
  • women make up only 17%  of police officers
  • women are severlely underrepresented at the senior administrative levels of police service(less than 5%)
  • Aboriginal people make up approx 3% of national population and 3% of police officers
Restorative Justice
  • Parties who have a stake in the offencecollectively work to resolve it 
  • fully address the needs of crime victims
  • Enable offenders to acknowledge and asume responsibilityfor behaviour
  • Alternative to adversarial justice system
  • Creat a community of support and assistance for those with a stake in the offence
  • Means of avoiding escalation of legal justice and associated costs of delays
  • prevent reoffending by reintegrating offenders back into society
  • Can be used at all stages of system
  • VORP: victim offender reconciliation program
Dark Figure of Crime
  • crime that is not reported to police
  • Less than 5% of crimes are discovered by the police without assistance
  • 50% of criminal incidents do not come to the attention of the police; underreporting of crime
Women in the Correctional System
  • working harder to recruit women
  • regional correctional facilities for women have been established
Number of homicides
  • in 2011 there were 598 homicides in Canada, 1.7 per 100 000 population
Police Services Act
  • preserving the peace
  • preventing crime and other offences
  • assisting victims of crime
  • apprehending criminals
  • laying charges and participating in prosecutions
  • executing warrants
  • performing the lawful duties that the chief of police assigns
  • completing perscribed training
North West mounted police
  • established in 1873
Organizational Features of RCMP
  • Accountability
  • Nationwide recruiting and centralized training
  • Policing diverse task environments
  • Transfer policy
  • Non unionized
  • Broad mandate
Basic and Preferred qualifications for Police
  • Basic: the minimum requirment for candidates applying for employment in policing(canadian citizenship, minimum of 19 years old, physical fitness, grade 12 education)
  • Preferred: requirments that increase the competitiveness of applicants seeking employment in policing(knowledge of second language, related volunteer experience, postsecondary education, work/life experience
Police: Levels of Force
  • Officer Presence: the mere presence of a police officer may alter the behaviour of the participants at an altercation, thereby enabling control of the situation
  • Dialogue: verbal and nonverbal communication skills may resolve the conflict and result in voluntary compliance
  • Empty hands: Physical force used to gain control
  • Compliance tool: equipment or weapons are used to gain control
  • Lethal force: the situation requires complete incapacitation of the subject in order to gain control, and lethal force is the only option available to reduce the lethal threat
  • believed that the natural condition is one of equality; men have equal hopes of attaining their end, one of war, every man against every man, man lives in constant fear is vulnerable to experiencing a very violent death
  • with eveolution of society, these men agree to form a social contract, each person agrees to give up some of their liberty, in turn for the protection of the soverign state, laws give expression to the social contract
  • emphasis that natural man is indifferent
  • Emphasis that the individual is capable of empathy
  • Sees war as a social institution, links the development of society with the deepening of inequality
  • believed societies were held together by force
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