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Criminal Justice System Final
n/a
41
Law
Undergraduate 2
12/11/2012

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Cards

Term
Cost of Operating CJS
Definition
  • approximatley $13 billion
  • majority of expenditure are associated with policing 
  • more people awaiting trial than serving sentences
  • spending more money does not neccessarily solve the problems
Term
Charter of Rights and Freedoms: Fundamental Freedoms
Definition
  • Section 2: Everyone has the right to the following freedoms
  • (a) Freedom of conscience and religion
  • (b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
  • (c) freedom of peaceful assembly
  • (d) freedom of association
Term
Charter of Rights and Freedoms: Legal Rights
Definition
  • Section 7:Everyone has the right to life, liberty and security of the person and th right not to be deprived therepf except in accordance with the principles of fundamental justice
  • Section 8: Everyone has the tight to be secure against unreasonable search and seizure
  • Section 9: Everyone has the right not to be arbitrarily detained or imprisoned
Term
Major Federal Agencies Responsible for Administering Law and Justice
Definition
  • Federal Police: RCMP
  • Federal Prosecutors, Courts, and Judges: located in the Department of Justice
  • Federal Corrections: The Correctional Service of Canada(CSC)
Term
Provincial Agencies Responsible for Administering Law and Justice(Ontario)
Definition
  • Provincial Police: OPP
  • Provincial Prosecutors, Courts, Judges: attorney general, responsible for laying charges and posecuting cases
  • Provincial Corrections: Parole boards for offenders, opertae probation services, custody facilities, and related programs for young offenders
Term
Crime Control Model
Definition
  • Protection of the community and the apprehension of offenders is paramount
  • conservative values
  • strong assumption of guilt
  • deemphasizes the adversarial nature of the process
  • emphasized swift sure and efficient procedures
  • tends to be emphasized by police and prosecutors
  • metaphor: assembly line
Term
Due Process Model
Definition
  • Legal right of individual citizens including accused individuals, is paramount
  • Procedural fairness even if it takes time
  • Liberal values
  • Presumption of innocence
  • Metaphor: obstacle course
  • Emphasis on the possibility of errors by police and the prosecution
  • Intolerant of errors
Term
Discretion in Criminal Law
Definition
  • the freedom to choose between different options when confronted with the need to make a decision
  • can lead to inconsistencies inhow the law is applied, how cases are processed in the courts, and what decisions are made about the offenders by correctional officers, parole boards, and parole officers
Term
R v. Askov
Definition
  • 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
Term
R v. Stinchcombe
Definition
  • the court found that the Crown had a duty to provide the defence with all evidence that could possibly be relevant to the case, regardless of whether the Crown plans to call that evidence at trial or not, or whether it helps or hurts the Crown's case. 
  • This case put to rest the long standing issue of whether the Crown could purposley deny the defence evidence that the Crown found would be harmful to their case
Term
R v. Feeney
Definition
  • leading decision of the Supreme Court of Canada on the right, under section 8 of the Canadian Charter of Rights and Freedoms against unreasonable search and seizure. The Court held that the police are not permitted to enter into someone's house without a search warrant
Term
R v. S.A.B
Definition
  • court unanimously upheld the constitutionality of DNA warrants
  • the defence argued that seizure of DNA  under the warrants constituted an unreasonable search and seizure
  • also argued that by compelling an accused to provide DNA material the legislation violated the principle against self-incrimination found in s.7 of the Charter
Term
R v. Zundel
Definition
  • the court struck down the provision in the Criminal Code of Canada that prohibited publication of false information or news on the basis that it violated the freedom of expression provision under section2(b) of the Canadian Charter of Rights and Freedoms
Term
R v. Singh
Definition
  • defence challenged the admissibility of the statements he made during the investigative interviews on the grounds that they were involuntary and infringed in his Charter right to remain silent
  • the court upheld his conviction
Term
Crime and Justice Issues in First Nation Communities
Definition
  • biggest challenges are: high rates of crime and victimization in many Aboriginal communities
  • overrepresentation of Aboriginal people at all stages of the justice process
  • Problem solving community based justice programs(many based on the principles of restorative justice) have been developed
Term
Starlight Tours
Definition
  • 2 police officers forced an Aboriginal, Stonechild, into the back of a cruiser
  • found that Stonechild was in the custody of police the night he had disappeared and that the injuries that were on his body were caused by handcuffs
  • 2 officers were dismissed by the police service, and in 2008 Supreme Court denied an appeal by the two officers to have the findings of the Wright inquiry quashed
Term
Views of Policing
Definition
  • Public overestimates: Levels of crime, rates of recidivism, rates of parole releases, reoffending rates of parolees
  • people that have contact with police in non enforement have a more positive view of police
  • People with 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
Term
Trends in Official Crime Rate
Definition
  • less than 5% of crimes are discovered by the police without assistance
  • 50% of criminal incidents do not come to the attention of police
  • in many aboriginal communities crime is underreported
  • in 2011 in Ontario the homicide rate was at it's lowest since the mid 1970's
  • in Canada the homicide rate has been going down since the mid 1970's
  • in 2011 there were 598 homicides in Canada, 1.7 per 100 000 population 
Term
Programs for Victims of Crime
Definition
  • Prevent re-victimization
  • Less than 4 in 10 victims report their victimization, and an even smaller number access these services
  • Numerous programs and services have been developed over the past two decades
Term
Three Major Categories of Police Activities
Definition
  • crime control - responding to and investigating crimes and patrolling the streets to prevent offenses from occurring
  • order maintenance - preventing and controlling behaviour that disturbs the public peace, including quieting loud parties, settling domestic disputes and intervening in conflicts that arise between citizens
  • service - the provision of a wide range of services to the community, often as a consequence of the 24-hour availability of the police, including assisting in the search for missing persons and acting as an information/referral agency
Term
Duties of Police in Ontario
Definition
  • preserving the peace
  • preventing crimes and other offences
  • assisting victims of crime
  • apprehending criminals
  • laying charges and participating in prosecution
  • executing warrants
  • performing the lawful duties that the chief of police assigns 
  • completing the prescribed training
Term
Private Security Officers' Powers of Arrest
Definition
  • no more legal authority than ordinary citizens to enforce the law or protect property
  • can arrest and detain people who commit crimes on private property
Term
First Police Constables in Canada Appeared
Definition
  • First police Officers:
  • Quebec City, mid 17th century
  • Upper Canada, early 19th century
Term
North West Mounted Police
Definition
  • established in 1873
Term
Organizational Features of RCMP
Definition
  • Accountability
  • Nationwide recruiting and centralized training
  • Policing diverse task environments
  • Transfer Policy
  • Non unionized
  • Broad mandate
Term
Accountability of Police
Definition
  • political accountability to governing authorities
  • legal accountability to the law through the courts and judiciary
  • accountability to administrative agencies including complaints commissions, human rights commissions, provincial police commissions, auditors general, and ombudsmen
  • direct public accountability throughmechanisms such as freedom of informtion legislation
  • ad hoc accountability through processes such as royal commissions and other public inquiries
Term
Basic and Preferred qualifications for Police
Definition
  • Basic: minimum requirement for candidates applying for equipment in policing(canadian citizenship, minimum of 19 years old, physical fitness, grade 12 education)
  • Preferred: requirements that increae the competitiveness of applicants seeking employment in policing(Knowledge of second language, related volunteer experience, postsecondary education, work/life experience)
Term
Police Recruit Training
Definition
  • RCMP recruits recieve basic training in 24 week Cadet Training Program at the Training Academy(Depot) in Regina 
  • Atlantic Province Academy in Charlottetown= Nova Scotia, P.E.I, and New Brunswick
  • Ontario Police College in Aylmer= Ontario recruits
Term
Women, Aboriginal, Minorities in Policing
Definition
  • women make up only 17% of police officers
  • women are severley underrepresented at the senior administrative levels of police service(less than 5%)
  • Aboriginal people make approx 3% of national population and 3% of police officers
Term
Most Frequent Complaints Made About Police
Definition
  • abuse of authority
  • attitudes of officers
  • quality of service provided
Term
Agencies that deal with issues of Police Accountability
Definition
  • Ontario= Ontario Civilian Police Commission(OCCPS)
  • SIU= Special Investigations Unit
  • RCMP= External Review Committee and Commission for Public Complaints
Term
Police Accountability and How Adequate Various Mechanisms Are
Definition
  • RCMP has been criticized for being less than forthcoming with documents and information required to investigate citizen complaints
  • concerns that existing complaint mechanisms do not meet the needs of Aboriginal persons
Term
Prevention of the unlimited use of police powers
Definition
  • the police cannot use certain investigative techniques(such as electronic surveillance) without prior judicial authorization
  • if the police gather evidence illegally, it may be excluded from a trial if its use would "bring the administration of justice into disrepute"
  • a defendant who feels that police officers or prosecutors have used unfair tactics can pled not guilty and cite "abuse of process" as a defence
  • A judge can remedy a violation of a defendant's rights by ordering a stay of proceedings or by ordering the Crown attorney to pay some or all of the defendant's legal fees
Term
Conditions under which an officer can conduct an arrest
Definition
  • they have caught a person in the act of committing an offence
  • they believe, on reasonable grounds, that a person has committed an indictable offence
  • they believe on reasonable grounds, that a person is about to commit an indictable offence
Term
Search and Seizure
Definition
  • Evidence obtained during illegal search and seizure may be excluded from trial
  • Search must be reasonable: Authorized by law,law must be reasonable, manner of search must be reasonable
  • Search warrants are required if search involves: secret recording of conversation, video surveillance, perimeter searches, installation of tracking devices, search of automobile
  • Search warrants are not required if: Suspect is under arrest, officer self-protection, prevention of evidence destruction, in an emergency situation
Term
Five Levels of Force Options
Definition
  • Officer Presence: the mere presence of a police iffcier 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 is used to gain control
  • Compliance tools: 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 in order to reduce the lethal threat
Term
Factors influencing Police Decision Making
Definition
  • the setting in which the encounter occurs
  • the priorities of the police service
  • the policing style of the officera
  • complainant Prefernece and suspect characteristics
  • seriousness of the Alleged Crime
Term
Foot Patroles by Police
Definition
  • no evidence to show reduction of crime rate
  • reduce people's fear of crime as well as calls for service
  • increase officers familiarity with neighbourhoods and provide police and community residents with opportunities to collaborate in addressing crime
Term
CCTV impact
Definition
  • may be effective in reducing property crime 
  • community residents are usually not concerned with their privacy rights being infringed by CCTV
  • CCTV does not appear to reduce crime against persons
Term
CAPRA Model
Definition
  • the letters stand for focusing on clients, acquiring and analyzing information, developing and maintaining partnerships, generating an appropraite response ans assessing the intervention
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