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crim justice nov 13 teus.rtf

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Department
Sociology
Course
Sociology 2253A/B
Professor
Prof
Semester
Fall

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crim justice teus nov 13 the trial process in canadian courts 1.preliminary inquiry hearing- 2.common types of defenses to criminal charge a.personal defenses -insanity-psychosis,paranoia schizophrenia,ocd(anxiety) ,psychopathy and how the subjects differ..a person who has a character disorder, they are considered responsible for their actions implications and criticisms-D.L Rosenhan did a study on individuals who were sent in insane patients in mental hospitals as pseudo patients, had 8 assiciaates who were admitted to hospitals with diagnosis with schizophrenia claiming they have been heaaring voices for the past 3 weeks, and once admitted to the hospital they began acting normally, they said the voices stopped and tried to get discharged from the hospital...the psychiatrist at the hospital could not tell the difference from these fake patients from the real patients, the normal behavior of the pseudo patients were overlooked, when discharged the patients were given the label of schizophrenic although they were completely normal Intoication-voluntary intoxication prior to commiting a crime is not a defense...voluntary intoxication is a important indicator btwn spousal homocides and spousal assults, in 50% of the homocides both the offender and victim were intoxicated and 30% the offender was in a black out when the crime was commited.....if intoxication is involuntary you can use it as a defense to a criminal charge provided you can prove the intoxication was involuntary (ie.someone drugs your drink without you knowing) autimatism-unconsiousness, sleepwalking, in 1992 the supreme court of canada implied this defense to a man who had killed his mother in law and wounded his father in law in a deep sleepwalk pre menstral defenses-aggressiveness,irritability,loss of self control depression,lonliness...in 1980 a women named christine english killed her common law lover when he threatened to leave her and the jury at the time found her not guilty due to her being pre-menstally stressed, this took place in england and is still not an acceptable defense in canada a study was done in women prison on violence and a correlation was found between aggressivness and violent crime during the pre mentral week situational defenses self defense against unprovoked attaack-sec 34 of the criminal code of canada states anyone who is unlawfully assulted without havig proviked the assult is justified in defensing themselves with only as much force as necessary defense against forced entry to your home-you may use force to protect family members self defense against personal property theft-section 38 states everyone who is in posession of personal property is justified in preventing a trespaser from taking it or in taking from a trespasser who has taken the property of use consent defense-the accused person honest believes that the victim was consenting to sexal intercourse,since 1988 consent hasent been available if the complaintant was under 14 yrs of age at the time of the offense duress-you have pressure to committ the crime, you are under threat to committ the crime, section 17 states that if a person commits an offense under duress, threats of immetiate death of bodily harm and the person believes the threats will be carried out, however does not apply to certian offenses, like treason , murder,sexual assult, assult causing bodily harm, hostage taking, robbery and terrorism simbianese liberation army the battered women syndome-experienced by women who have suffered cronic and severe abuse in the hands of their abusive husbands, not a legal defense in itself, rather a pshchiatric information about the womens state of mind during the attack, these women usually get shorter sentences or early release from prison,, usually in medium secutiry prisons claiming a defense based on threats to the persons self image- accident defense(eg hunting accident,accidents in homicide)- ignorance of law-i commit the offense but i did not know that the act waas against the law, visitng aa foreign country persay or new immigrants entrapment(an inducement to crime by police officers)-a police officer provides an opportunity to a suspect to committ an offense such a selling drugs, soliciting for the purpose of prostitution The jury system who is entitled to be tried by a jury-when the maximum punishment of the offense is imprisonment of 5 years or more, for some inditable offenses the accused is not entitled to be tried by jury,theft under 5000,aattemted theft,operating a lottery illegally, driving a car while being disqualified selection of jurors-are drawn randomly from a list of registered voters from a community, certian persons may be excluded from the list by law( police officers, priests,doctors,lawyers or law schoolers, defective in hearing or vision individuals,,those who have been convicted of criminal offenses and non citizens...others who are predjudice individuals and those who have strong personal feeling about certian types of offenders, citizenss who have prior knowledge of the case relatives of the accused, someone who has made us his of her mins about the same)authoritarian personalitys are more likely to indicate a strong dependancy for italian figures such as judgs prosecutors,easy influenced by high state sources, jurors with low self esteem are the most suggestable, if the case is not clear the low self esteem jurror will be influenced by the others with high selfesteem..therefore they try to find jurors who are not authortarian and those who do not have low self esteem...more of a liberal person instead advantages and disadvantages-a good defense lawyer knows how to impress the jurors and can be swayed by a good lawyer, jurrors can be prejudice against many things, physical attractiveness may influence jury decesions( the attractive offendors are treated more leinantly because they are seen as less dangerous and physical unattractive offendors are treated with more severity)..when the crime is attractivenes related the acctractive offendor is then more likely to recieve severe penalty ie. prostitution.............what are some problems with the jury system? researchers found that the jurors tend to forget evidence, some evidence or weaknesses may not be allowed to be presented in court,the jurors are frequently overwhelmed by technical or complex evidence such as dna,ballistics,fingerprints and other crime fighting techniques, the defense attourneys when you present the case have no obligation , the defense attourneys may use superior fornsic skills or tricks to influence the jurors emotions,wealthy offendor hire the best lawyers who have the legal and social skills to influence the jury,jurors may symphasize with the accused or fall in love with them, today more then 30 women have tried to contact scott peterson who was sentenced to death for killing his wife and unborn son to have a relationship, 95% of the women who fall inlove with these killers have come from dysfunctional familys who have experienced physical and sexual abuse, 80% of marriages due to this result in divorce within a year thursday class starts the grand jury-consists of a group of citizens who hear and discuss the evidence presented by the prosecutor to determine weather the case is suitable to go to trial, invented in england to prevent holding people wthout justification, 13-20 ppl in america selected randomly from registered voters.....by mid 1880's every jurisdiction in canada had abolished the grand jury system, with the abolishion of the grand jury system in canada the preliminary hearing became the method from eliminating the weakest cases from the trial process....who is present at the grand jury in the united ststes;the judge,prosecutor to present evidence,the witness of the prosecution and the grand jurrors...the offendor and the defense lawyer are not allowed to be present in the US, after hearing evidence by the prosecutor the grand jury must decide if it holds enough water to go to trial..the grand jury does not determine guilt, one of the problems is holding a secret hearing without the accused present does not fit the philosophy of justice....in the US grand jurys cn also be called for other purposes ie. inspecting jails, prisons, investigating complaints that a person is in jail without trial because of utter delay in trial preperation the pre sentence report-takes place after an offendor is found guilty, its a document prepared by professionals for a sentencing judge, includes socio- demograaphic and defensive related information about the convicted offender, relationships, family,children,employment status aand occupation of offendor,health problems,circumstances under which the offence was commited,letters of character refrence about the offender.....this report helps the judge with the dispositions(placements/penaltys)given by the court The victim impact statement-c89 of the criminall code of canada,since 1989 the victims of crime have the right to file a victim impact statement to a sentencing court, its a document that invites the victim to express the effect of crime on them,the explain the emotional,physical and financial impact of crime in their lives and gives the opportunity for the victims to discuss the offense and the effects, serve as an emotional or psychological relase...people that are victims of forcaable rape,murder,child sexual assult usually use an impact staatement...the usefulness of the impact statement now the criminal code says the victim is allowed to reaad the impaact staatement at the time of sentencing, the courts may adjourn in order to give the victim time to prepare the impact statement or to submitt other evidence to the court about the impact of crime,victim impct statement be considered by courts and also by review boards following a verdict indicating not criminally responsible on the account of mental illness,to ensure that oral or written information may be provided by the victim at anytime at any court proceedings, in the US the victims have the right to state in their impact statement what kind of penaltys the offender should be give by the court the victims of crime may experience certian hardships as they participate in th criminal court process; 1.uncertainties as to their role in the criminal justice system when take the stand to testify 2.their lack of knowledge about the criminal justice system 3.fear of the offender or retaliation from offenders associates 4.trial delays 5.the trauma of testifying and of cross examination crime victime may sue the criminal justice system to recover daamages for actions taken by criminal justice system 1.excessive use of force by police officers 2.wrongful convictions by criminal courts 3.police neglegence safety of victims between arrest and sentencing of the accused 1.the accused agrees not to comminicate with the victim or any witnesses 2.prohibition 3.rape sheild teusday nov 20th class sentencing,punishment and alternatives to prison(see chapter 9 and 10 in text) 1.the purpose sentencing-for those convicted in the crim justice system this is the next step, judges decesion to what is the most appropriate punishment given the type of crime and looks at the rules in the criminal code for the particular crime,the purpose of sentencing is to change the behavior of convicted offenders and deterr potential offenders who reside in the comminity, secondly to rehabilitate/treat the offender, resocialize,change their attititudes,values and beliefs,and to provide restitution(paying back the victim or the community for harm done) 2.dispositions by the court-person may not be found not guilty due to lack of evidence or mental illness...the other disposition is suspended sentence which is a prison term which is delayed by a judges order while the suspect is involved in the community doing community service with a probation officer......there are fines which to the state is less costly the offender will pay instead of going to jail(rich pay fine and poor go to jail)..... probation and restitution-the offender will be under the supervision of a probation officer and the court for a maximum of 3 years, the most widely used alternative to prison, the offender must obey a number of rules while on this , restitution refers to a payment made, 15% of all probation orders involve restitution,45% of offenders get probation in our society, probation officer provides offender with councilling and supervision, in the case of the juvenille offender the P.O must take a bigger role making sure the offender if attending school, following the court establish rules etc....P..O's in united states and canada must use their descretion to report or not report probation violations problems with probation services-some of the rules can be difficult to enforce,to avoid association with deviant peers,not taking drugs or alcohol,abstaining from prostitution,probation conditions may violate consitiutional rights(free speech,free assembly)..some conditions are over moralistic and negetivistic rules......there is new evidence that probation helps to rehibilitate some of the offenders, its less costly to society and less likely to give the stigma of a criminal to the offender, the dominant approach of corrections today gives emphasis to community corrections such as probation and peroll rather then sending people to prison 3.what influences decesions of judges(john hogarths study)-written penalties,personal experiences and perceptions,public opinion,characteristics of the accused,dispositions by the court...he found that the more punative judges the ones who give the most severe penaltys are well educated,young and tend to come from more urban communities..the less punatitive judges were found to be older,more educated and come from rural areas...hogard found as crime increases in the communities the judges tend to increase the penaltys proportionatly, and when crimes decreased the judges decrease the penalty severity, 63% of judges in the study admitted the public opinion was an important consideration in sentencing however most of the judges said they are guided by public opinion and not controlled by it....the charcteristics of the accused,such as violent offenders judges are more punatitive,mentally ill, psychopaths,terrorists 4.how can we improve sentencing-its comonly believed by canadian criminologists that sentencing should be the beginning of the rehabilitation process,it should require the involvment of social work and psychology in the prepration of case history reports,sentencing should be individualistic which should take in count the needs of the offender and produce a socially and economically productive citizen rather then a repeat offender, criminologists would say there should be less emphasis on imprisonment and more emphasis on fines,restitution,probation and true diversion,there must be a selection of the judges(judges aught to have good training in criminal law,experience on the bench,judges who are reasonable,to prvide short term initial training for those appointed as judges,there must be a short study leave every 3 years to help judges to keep up with recent development in the different areas of criminology) what are the causes of wrongful convictions of individuals accused of crime- mistaken eyewitness identification and testimony,erroneous forensic science,false confessions by the accused who voluntary confess to a crime that he/she has not committed,testimony of jailhouse information who may provide false information to police about the accused,unprofessional conduct on the part of the police,prosecutor and judge,racial bias of law enforcement agents(40% of wrongful convictions involve black and hispanic offendants) the issue of capital punishment (death penalty) from 1968-1976 canada had the death penalty and in 1976 canada made a law to abolish the death penalty in 1987 parliment decided not to reinstate the death penalty 1.arguments supporting the death penalty-deterrance,however studies have shown that the execution of convicted criminal has little effect of deterrance because 90% of homocides are not pre meditated, some of the murderers are suicidal so they committ homocide in order to recieve death penalty, it does not deterr politically motivated homicid
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