Criminal Justice System Class 2.odt

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29 Mar 2012
Criminal Justice System
Class 2: An Overview Of Criminal Justice System
January 11, 2012
Griffiths: Preface
complex, dynamic and ever changing criminal justice system
impossible for people to know everything that is going on, even those within the system
a challenge faced is finding a balance between protecting peoples rights (including those being
accused) vs community safety
rapidly evolving forms of technology increases new forms of crime: system struggles to keep up
with technology
No crime without a law, no punishment without a law
Two for one: when the offender spends time in jail waiting for trial and sentencing, the judge
takes the time they spent away from their sentence. Ex. Bishop child porn case
OCDC were doing 3 for 1
Post 911 (2001) issues of security have come up, more money has been spent towards security
security goes hand in hand with
Robert Dziekanski taser case
V White- restorative Justice (Ottawa police)
to what extent is restorative justice used? Rhetork/ discourse/ talk?
Circle sentencing: bringing everyone involved together to come to a consensuses
what if the community is unhealthy? Ex they are dominated by men that abuse women, will
restorative justice work than?
Recent development tells us that we need to pay more attention to victims. Victims are considered
double losers (suffer from offence, than go through system)
Victim Impact Statement: statement about how victims feels about the impact the event had on
their life
- they are not allowed to recommend a sentence
1994, P4W woman were strip searched by a squad of men, judges believed that the woman were
1996 Louise Arbour was told to look into the situation, her report helped develop more prisons for
woman and P4W was closed in 2000
Ashley Smith Case : The Ashley Smith inquest was a coroner's inquest in Ontario related to the
institutional death of Ashley Smith, a teenager who committed suicide on October 19, 2007, while
she was under suicide watch at the Grand Valley Institution for Women. Despite guards watching
her on video monitors the prisoner Smith was able to strangle herself with a strip of cloth, and it
was several hours before guards or supervisors realized she was dead. The warden and deputy
warden were fired after the incident, and though the guards and supervisors were initially charged
for negligence, those charges were dropped a year later.
Overrepresentation of native people in prison population, racism issues and racial profiling
R.V Gladue Case (1999)
Basic Components
Police , Courts , Corrections
A Human Enterprise
Is part of the community
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Involves decision making at each stage in the process
People bring education, knowledge and beliefs into making decision
Key Issue: Digression
Disparity: different outcomes, can have cases that look similar but have completely different
Crime Funnel
Significant case attrition- Crime funnel
CJS does not respond to every breach of the law
Most cases end with guilty plea, 90% of cases resolved through plea bargains
Few cases go to trial
less than ½ of crimes do not get reported to police
- sometimes crimes that get reported do not get filed because the police decide if its unfounded
(ex sexual assault)
2007 about 2.5 million crimes reported in Canada, however, only about 243 000 convictions
2005-2008 each year, provincial custody 78 000 and federal custody 5,000.
Roles & Responsibilities of Government
Constitution Act 1867 - Spells out the federal and provincial division of responsibilities
Federal – decides which behaviours are criminal
Provincial – enforces law, administers criminal justice system
Federal system is through RCMP
Federal Offences
Criminal Code 1869 – consolidated in 1892
-Identifies behaviours and procedures
-Regularly updated
CCR does not only apply to citizens but to everyone
Federal Acts and Statutes. E.g. Controlled Drugs and Substances Act
Other Federal Statutes
Criminal Records Act, 1985
DNA Identification Act, 1990
Canadian Evidence Act, 1985
Guarentees fundamental freedoms, legal rights and equality rights
Canadian Charter Of Rights & Freedoms, 1982
Corrections and Conditional Release Act, 1992
Youth Criminal Justice Act, 2002
Anti-Terrorism Act, 2001
Sex Offender Registration Act, 2004
Correlational Investiagtor: inmates can use this aid – complaints about mental illness and over
crowding jails
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