Septemeber 9 2013
What are norms?
They guide behaviors. Norms are either implicit or explicit
Implicit norms are norms that guide our behavior but aren’t written everywhere.
Explicit norms are norms that are written everywhere. Ex: Priority sitting, No clothes, No shoes
Examples of norms
Saying “please” and “thank you”
Hygiene – taking care of ourselves ex: shower
Elevator – face forward and don’t talk to anyone.
Why do we have norms?
• It helps us interact with society
• It regulates our behavior so there’s order
What is deviance?
Anything that goes against the norm (actions, thoughts)
Ex: Robbery, theft, assault
Deviance in Society
Graffiti, cutting in line, public nudity, littering
Sexual deviance changes over time. Crime – illegal, fraud, oppression, abuse
♦ An act prohibited by criminal law.
♦ Subject to sanctions by the state authority and social stigma
Formal Sanctions: Jail, fine, Probation
Informal Sanctions: Disapproving looks, ostracization
♦ Actus Reus – guilty act
♦ Mens rea – guilty mind
No legal defense
Are crime and deviance the same?
A crime is deviance but a deviance is not necessarily a crime. Crime and Deviance
1. Relative to time
Ex: Segregation, spanking child, gender roles (women not in army), interracial marriages
2. Relative to place
Singapore/Portugal you can’t chew gum
Saudi Arabia no alcohol 09/21/2013
Semptember 12 2013 th
3. Relative to sex
It’s okay for boys to have many sexual partners but not okay for girls. Females are getting more
sentences because it is not usual.
4. Relative to social status
Different courts for different people.
5. Relative to social context.
Behaviors can be deviant or normative. E.g Canada day you can drink openly. You can kill someone if
you are in the army but killing is considered a deviant act.
Socially constructed problems: the moral panic
Moral Panic: An intense feeling expressed in a population about an issue that appear to threaten the
social order. It’s not just a behavior/group. It can be an episode/condition. Ex: Crime is increasing
9/11 – Certain groups became targeted
violent video games
1960’s – Elvis Persley
1970’s – Rock
1980’s – Gothic
1990’s – Pop
Moral Entrerpreneurs – Groups/people who start the panic 09/21/2013
EX: Religious organizations, media, protests, governments
Folks Devils – Groups that are seen as evil or dangerous
Sexting – Sending racy images or words over the phone.
Social Control – The various types of organized reaction to behavior viewed as problematic.
**What is the CJS?
A vast network of organizations and facilities
The Criminal Justice System
1. Municipal – City of Ottawa police
2. Provincial – OP
3. Federal – RC PMD
1. Provincial Courts
Ex: Family and youth
2. Superior – serious offences
b. Appeal (based on discrepancies)
3. Supreme court (based on appeals) 09/21/2013
250 Correctional facilities in Canada
**200,000 under correctional
11 billion in Canada & 100 billion in US
7 billion police
3 billion goes to courts, legal and prosecutors 09/21/2013
September 16 2013
How much is it to incarcerate a federal male prisoner year in a maximum security? 2 years plus a day.
To incarcerate a female federal prisoner/year
Why? They have more needs women having children higher healthcare. There are fewer offenders so that’s
going to increase the course.
The costs of alternatives (probation, community supervision)
$5 – 25/ day
Types of criminal justice?
♦ Substantial Justice
Accuracy of outcome. Appropriateness of sentence
♦ Procedural Justice
Fairness or procedures
Punishment should fit the crime
Like cases should be treated alike.
The crime Funnel
A large number of crime happens in society but as time goes on, the procedure gets smaller and smaller.
Why? Because Enforcement issues
Lots of crime ▯ Not get caught ▯ acquitted ▯ no prison sentence 09/21/2013
The use of individual decision making and choice to influence the operation of the criminal justice system.
Ex: A Police officer can see people committing an offense but he has a choice whether to leave them or
arrest them. He has the discretion not to arrest them.
Inconsistency as a result of the authority using illegitimate factors in making decisions. Decisions are made
based on illegitimate factors.
Ex: Race, color, gender, socialeconomic status, sexuality, religion
Legitimate factors ▯ fast record, seriousness of event.
3. Discrimination (EXAM QTS)
Differential treatment based on negative judgments relating to group membership.
♦ Systemic: Exists in all aspects of the CJS . Ex: over representation of aboriginals in society. They are
more legally to be placed in jail (maximum security) and denied bail.
♦ Institutional: results of established policies
♦ Contextual: Arises from original policies with agencies and courts
Ex: Officers arrive at a house but doesn’t press charges, he thinks they are playing.
Ex: Caucasians get 5 years
Ex: Caucasians and African Americans get more sentence.
• Individual: different treatment by employees
What’s the purpose/function of the CJS & criminal law?
1. Maintain Order
2. Rehabilitation (Protection of society)
3. Deterrence (to discourage crime)
2 types 09/21/2013
General – Individual reconsiders crime based on another person’s crime.
Specific – Individual is punished and its hoped that the person won’t do it again.
4. To achieve justice
5. Standardize behavior and norms
6. Reduces personal retaliation
7. Provides punishment
8. Expresses public opinion and morality
Crime control Model
Protects citizens and the community
1. Increase police
2. Increase correctional institutions
3. Increases sentence length
4. Guilty until proven innocent
5. Gives CJS more power 09/21/2013
1. Reduces number of criminals
2. Quick arrest and conviction
Due Process Model
1. Protects individuals from powers of the state
2. Enhances legal rights of the accused
3. Fairness, equality, and justice
Charter of rights of freedom ****Exam
It outlines various legal rights. We have section 7 – 14
1. Right to attorney
2. Free from unreasonable search
3. Right to silence
4. Not to arbitrarily detain
5. Right to bail
6. Innocent until proven guilty
7. No cruel or unusual punishment
1. Limits and controls the power of the police
2. Limits discretion 09/21/2013
3. Innocent until proven guilty
1.Ensures rights of defendant are protected
2. Reduction of error
Examples of wrongful convictions
o Donald Marshall – Innocent but served 19years. Convicted of murder/ compensated with
o David Milgaard – 23years, murder of young woman
Public Order vs. Individual rights
Sex offender registries
Must be registered within 15days
• Community notifications
Legal foundations OF Criminal Justice
Criminal Law: That body of law that deals with conducts considered so harmful to society as a whole that it
is prohibited by statue, prosecuted and punished by the government.
Where did Canadian criminal law come from?
Derived from British common law
Originated during the reign of Henry II (1124 – 1189)
Redefined private wrongs as crimes against the state. 09/21/2013
Circuit Judges > Laws based on local customs replaced.
Stare decisis – Based on situations of similar facts
Leads to stability
4 main sources of Canadian criminal law
Fundamental principles that guide the application and enactment of laws by the courts.
• Statue Law
Prohibits and mandates certain acts
Criminal laws are created through these
Only parliament has power to enact criminal law
• Case Law
Application and interpretation of law as they apply in a case.
Laws written by regulatory agencies
September 18 2013 09/21/2013
Legal foundations of criminal law
• Scope of the law
No one is above the law. No privileged exemptions
Character of the law
• Public and understandable
• Institution of the law
Certain roles must exist for the law to be fair and just.
2 types of Criminal law
The body of legislation that declares which will be punished by state.
a) the criminal code of Canada
It focuses on the criminal process – the legal steps which an offender passes. Entails safe guards to
ensure individual are not exploited.
Charter of rights and freedom 714
Rape Law before 1983
o The complainant had to be female
o The accused had to be male
o The complainant and the accused were not married to each other
o Sexual intercourse occurred. 09/21/2013
o Victim’s sexual history could be brought up in court
o Implied consent accepted
o Intoxication as excuse
Sexual Assault Laws after January 1, 1983
• Bill C 127 changes in substantial law.
• Rape was replaced with 3 degrees of sexual assault.
• Level 1 – Victim suffers least physical injury (maximum 10yrs) *hybrid offense – crown prosecutor has
power or discretion to proceed by way of indictment or summary conviction.
• Level 2 – Involves the (threat of) use of a weapon, bodily harm (maximum 14years)
• Level 3 – Involves wounding disfiguring or endangering the life of the victim. (max life)
o Sex of accused and complainant (accused complainant can be both sex)
o A victim’s sexual past
o Implied vs actual consent
o Intoxication as excuse
Legal Defenses and the Law
Conduct is wrong but certain circumstances exist and the actor is accused from criminal liability (No
Excuse defenses – They admit they did it but they are not liable. 09/21/2013
3 distinct stage
Under 12 – no criminal offence
12 – 17 – Youth justice act
18 – adult – fully responsible for actions.
• Mental disorder Disease of the mind
They are unable to appreciate the nature of their actions.
Dissociative amnesia sleepwalking
• Mistake of fact
Individual believed that certain circumstances exists– Sexual assault cases
Age of consent is 16
• Mistake of Law
Ignorance of the law is No excuse 09/21/2013
September 23rd 2013
Justification Defenses – defendant admits to committing the crime (accepts responsibility) but
argues that act was justified under the circumstances.
Complete defenses – results in acquittal
Wrongful threat of one person makes another commit a crime
E.g a bank robbers gets out a bank, stops you and points a gun on your head and tells you to drive.
Necessary action to prevent greater harm.
e.g; Wondering in the woods for days, broke into house and takes food
e.g: Hurricane where people are looking for food and clothes.
It does not justify the intentional killing of another.
3. Self defense – defending oneself, others or property justifies using force.
You can only use as much force as necessary.
4. Provocation – It’s partial defense. A wrongful act/assault sufficient to deprive an ordinary person of the
power of self control. Only used for murder.
5. Entrapment – That law officials induced to crime by police officers.
Ex: You like to hangout in a B ball court, . Individual continually tells you to get him pot. You tell him
continuously that you are not into pot. He continues to harass you. When you get it, he arrests you.
Note police officers can Lie to you!
Classification of offences
• Trial by a provincial court judge 09/21/2013
• Incarcerated not exceeding six months
• Maximum fine $2,000
• For sexual assault level 1, the maximum punishment is 18 months.
1. Absolute jurisdiction
Minor indictable offenses (theft under $5000) tried by a provincial court judge). Supreme court
2. Supreme court exclusive indictable offences
The first and second degree murder
They are tried by a federally appointed judge and a jury in a provincial court supreme court.
Mixed between the two
Prosecutors have discretion to proceed with case as a summary or indictable offense
Based on aggravating and migrating factors
Ex: Status of individual
a. come from a poor background
b. community involvement
c. Rehab – influences of police officers
d. Whether you are cooperative
e. Express remorse
f. Dealing with a first offender 09/21/2013
o Gang member
o Second time off
o Use of weapon or brutality
Not being cooperative
o Hate crime
(disabled mentally, physically abused of authority student beats teacher, abuse priests, sexual
assault #1 is a hybrid offence.
Varying defenses of seriousness
Directly or indirectly by any means causes the death of a human being.
2. 1 degree murder’
Planned and deliberate, killing of police officer, during another crime.
For ex: Killing a police officer on duty, hijacking an airplane. You receive 25years in prison before they
are eligible for parole. Sexual assault.
3. 2 degree murder
1 degree is planned. Second degree is not. Intent to harm (malice but not premeditated. (20 25 before
eligible for parole)
Not itent but has taken a life. Caused by assault /negligence
When a mother kills her young infant child
(biological mother kills child under 1) Sentence is 5years
why is it biological and not adoptive? because of baby blues. 09/21/2013 09/21/2013
Control philosophy and criminal justice policy.
What causes crime?
Poverty, money, necessity, angry, resistance, low education
How can we control criminal behavior?
Social assistance for poor people
More police officers
Prevention crimes (rehabilitation, education)
Is the system too soft on criminals?
What should be the function of corrections (prison, house arrest…etc)
Protection, deterrent, rehabilitation
Should there be mandatory sentences for convicted criminals?
Yes it will minimize the ability of the judge.
The Justice model
Focuses only on the act (sentence fits the offense not the offender)
Except prior to record
Focus on due process
Rights of the accused are followed 09/21/2013
Principle of proportionality
The more serious the offence, the more serious the sanction.
Creation of alternative sanctions
Incarceration of dangerous offenders
Operations of the Justice model
Enhance due process protections
Focus on serious crimes
Divert minor offenders
Can’t drop charges
No plea bargaining (accuse will not trade)
Must follow determinant sentencing guidelines
Eliminates parole, decreases length of sentence 09/21/2013
Criticisms of the justice model
• Benefit to Parole
Early release results in good behaviors
Mandatory minimum is not fair
We all focus on the act, what about the circumstance
• Seriousness of crimes are not objective facts
i.e robbery and aggravated assault
• Ignores individual and circumstantial factors.
Does punishment deter?
No it does not! Murder is a crime of passion. You didn’t think about it before you did it.
Nobody thinks they are going to get court.
History of deterrence
Abolish barbaric and biased system
Punishment determined b legislator
Imprisonment must replace capital punishment and torture.
Laws must apply to all equally (focus on actus rea)
The deterrence model
Free willed, rational and hedonistic
Fear of punishment = compliance of the law 09/21/2013
In order for the deterrence to be effect, there should be 3 components
1. Punishment must be certain
2. It had to be in a timely manner
3. It has to be proportionate.
Emphasis on efficient operation of the CJS. Reduction of court delays and time between arrest and
• To achieve certainty, swiftness, severity
• To prevent future crimes
• Protection of society rather than individual rights
• More money to be spent on all criminal justice agencies
• Grant more powers to the police
• Limit discretion – determinant sentencing
• Longer sentences, parole abolished and more prisons
• Few offenders responsible for large portions of crime
• Attempt to separate high risk offenders from low risk offenders.
• Longer prison terms for those who committed serious crimes – reduces crime rate
• Punishment is based on past and presumed future
• Pose long term threat 09/21/2013
• Emphasis on the offence
o 3 strikes policy in the US
After 3 offence you get sentence for life
Sexual Predator law – State of Washington indefinitely locks up someone who has committed one violent
sex crime after serving time.
Sex offender registry
DNA Data Bank
Dangerous offender laws
Long term offender
Denying drug dealer parole
Suspected of committing
What are some characteristics of the most serious offenders?
• Previous drug use
• Previous convictions of the same offence
• Drug use (starting as a juvenile)
• Previous commitment to a juvenile institution
Operations of selective Incapacitation
o Narrow Focus – Maybe used with other models of justice 09/21/2013
o No plea bargaining, little discretion, no parole, few prison programs
o Correctional institution 09/21/2013
The Rehabilitation Model
o Crime is a result of factors outside the control of the individual
o Punishment is wrong
o Individualized treatment of feenders
o Discover causes and eliminate
o Focuses on ACTOR and not the ACT
o Indeterminate sentences – sentences that does not have an anding site. It’s terminated when
the expert says so.
Operations of rehabilitation model
More discretion because it is individualized. Each person is different.
Plea bargaining – No restrictions
Probation and parole Enhanced
No money for programs/therapy
Prison would be treatment oriented
Evaluation of success – Return to society and not come back\
• Some people that cannot be rehabilitated
• Justifies various procedure whether they are ethical or not, 09/21/2013
Less focus on the victim but more on the offender
• Discourse of non responsibility
Victim would be accountable. They blame something else
Criminal Justice Vs. Restorative Justice
What laws have been broken?
Who did it?
How should they be punished?
R J – Shaming the behavior but not saying you are evil.
What are their needs?
Who is responsible for correcting it?
• Voluntary participation of victims and offenders
• Offender must admit responsibility
• Offender and victim must agree on essential focus of the case
• Both parties can have legal advice
• Admission of guilt cannot be used as evidence n latex legal proceedings
• Failure to reach agreement not justification for harsher sentence in later legal case.
• Consequences for not having honoring agreement. 09/21/2013
What are some advantages of restorative Justice?
o Victim can have perspective
o Humanizes for the offender and the victim
o Helps provide closure
o Gives victim a voice
Different points of RJ Implementation
1. Police – pre charge
2. Crown – Post charge pre conviction
3. Courts – Pre sentence
4. Corrections reintegration 09/21/2013
Which province has the highest violence crime rate? – Saskatchewan
Lowest? – Netherlands
• Most commonly occurring violent crime in Canada? – Common assault
Which offence has been the increasing over the past three decades – possible confinement
• Most commonly occurring property crime? – Theft under 5k
• Highest decline property crime – vehicle theft
• Why are violent crimes more likely to be solved than property crime?
For violent crimes, It is usually someone that you know. Property crime is a random act.
Other criminal code offences
• There was a slight increase in other “other” criminal code offences in 2010 compared to 2009.
• The largest increase was found in child pornography
• Largest decrease was found in prostitution 09/21/2013
People are most fearful when taking a public transportation and walking alone in neighborhood
Making lifestyle changes to reduce one’s risk of becoming a victim of crime.
When we engage in specific anticrime measures designed to reduce one’s risk of becoming a victim of
Ex: Not leave your drink open
Take earphones off to appear alert
Not walking alone
What are some o