Class Notes (835,730)
Canada (509,354)
Criminology (2,472)
CRM1300 (408)
Sam Alvaro (78)
Lecture 7

Lecture 7: Criminal Justice System

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Sam Alvaro

Courts What do the courts do?  Responsible for determining the guilt or innocence of accused and with imposing an appropriate sentence upon the convicted  Protection of rights of the individual and society  Monitoring of other CJ agencies o Police o Corrections  Without force of police (or military) they are useless  Rule not only on criminal, but also civil issues Court system  Proof prior to trial o Probable cause  Proof to convict o Beyond reasonable doubt  Participants o Defendant, crown prosecutor, defence counsel, judge, jury, victim (although some crimes are victimless), witness (not all crimes have witnesses)  Procedures o Governed by law, tradition, and judicial authority The plea  Guilty o 90% of defendants plead guilty o Plea bargains are not necessarily accepted  Judge doesn’t always accept the plea o Guilty plea must be free and voluntary  People that are poorer don’t have money to get lawyers --> resort to legal aid o May be sentenced or remanded  Not guilty o Trial date is set o Type of court depends on seriousness of offence o Some offences can be tried immediately before a provincially appointed judge Jury trial  Limited to offences with maximum sentence of 5 years or more  Usually at the request of the defendant, but may be ordered by the judge Appeals  Convicted o May appeal verdict or sentence or criminal responsibility  Prosecution may also appeal  Appeal verdict and sentence o May apply for release while under appeal  Appeal court o May order new trial or overturn conviction o May also overturn acquittal and convict  Supreme Court o Deals with Charter challenge o Hears only cases involving important points of law  Summary conviction appeals o Usually heard in superior courts What are the sentencing options  Fine  Suspended sentence  Probation/parole o Parole: go to jail o Probation: don’t go to jail  Imprisonment  New options towards Restorative Justice o Mediation o Community service Role of corrections in society  To contribute to the maintenance of a just, peaceful, and safe society by o Carrying out the sentence of the court o Providing the degree of custody necessary to contain the risk presented by the offender (ie maximum security prisoners go in maximum security prisons) o Encouraging offenders to adopt acceptable behaviour patterns and to participate in education, training, social development and work experiences o Providing a safe and healthful environment to incarcerated offenders which is conductive to their personal reformation  Effective corrections means o Distinguishing between offenders who need to be separated from society and those who can eb safely and better managed in the community o Preparing offenders for release into the community and assisting them in their reintegration into society o Providing the programs and support that offenders need to get their life back on track - whether within the penitentiary or under supervision in community Canadian correctional Fac
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