Class Notes (836,163)
Canada (509,672)
Criminology (2,192)
CRIM 131 (205)
Lecture 2

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CRIM 131
Barry Cartwright

THE CRIMINAL JUSTICE SYSTEM AN OVERVIEW LAST WEEK IN REVIEW THE CRIMINAL ACT  1976 LAW REFORM COMMISSION OF CANADA SAYS THAT FOR AN ACT TO BE REGARDED AS CRIMINAL, IT SHOULD MEET THREE BASIC CONDITIONS: REALITY BITES  Most of our laws enforce cultural conceptions  Encompass behaviours that are not harmful MOST FREQUENTLY USED SANCTIONS  Majority of criminal offences  Probation  Fines account for 45 %  Only 5 % of convicted offenders THE HARDWARE OF THE CRIMINAL JUSTICE SYSTEM A HUMAN ENTERPRISE  Decisions are made by police officers, judges  These decisions are based on judgment  Offenders may try to understand THE USE OF DISCRETION THE ABUSE OF DISCRETION  Police may let someone off with warning  Crown may decide not to prosecute  Parole Board might grant parole to offender YOUTH COURT DISPOSITIONS  ONTARIO  SASKABUSH THE ROLE OF ELECTED OFFICIALS  Enact and amend the laws  Establish budgets  Determine fiscal allocations DIVISION OF RESPONSIBILITIES  Division of responsibilities between federal, provincial and municipal governments  Federal government decides what will be a criminal offence  Provincial/territorial governments responsible for law enforcement  Municipal governments ROLE OF THE FEDERAL GOVERNMENT Absolute power Department of Justice. Public Safety and Emergency Preparedness. ROLE OF THE FEDERAL GOVERNMENT cont. DEPARTMENTS OF THE FEDERAL GOVERNMENT MINISTRY OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS RCMP ATTORNEY GENERAL/MINISTER OF JUSTICE SYSTEM SOFTWARE Defines which acts are crimes Defines what the penalties are Sets out the rules or procedures OTHER FEDERAL STATUTES A FEW CHARTER RIGHTS Right not to be subjected to unreasonable search and seizure Right to know reason why you have been arrested THE CANADA EVIDENCE ACT Can’t compel a wife to reveal a private communication  Stipulates number of professional or expert witnesses  Acceptability of questioning THE CRIMINAL RECORDS ACT  Role of the National Parole Board CORRECTIONS AND CONDITIONAL RELEASE ACT  Governs how National Parole Board  Guiding principles, e.g., the protection of society YOUTH CRIMINAL JUSTICE ACT  Says young offenders should be treated separately  Focus on diversion RESPONSIBILITIES OF THE FEDERAL GOVERNMENT THE PROVINCIAL & TERRITORIAL GOVERNMENTS  Make laws  Operate provincial  May operate their own police forces  Oversee municipal police forces THE PROVINCIAL & TERRITORIAL GOVERNMENTS cont.  Operate custodial facilities  Operate probation services  Some—i.e., Ontario and Quebec MUNICIPAL GOVERNMENTS  Enact by-laws  May have their own police departments IS IT A
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