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CRIM 2652 (100)
Anna Pratt (38)


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York University
CRIM 2652
Anna Pratt

CRIM2652 LECTURES FALL 20121 September 6 2012The Politics of Naming Whats in a NameCriminalthe picture which is given is the picture of the crook without a conscience without culture who is just a criminal nothing else but a criminal CrimeActs are not they become So also with crime Crime doesnt exist its created first there are acts Then follows a long process of giving meaning to these actsCorrectionsthe concealment of the intentional delivery of painConsensus and Conflict PerspectivesConsensus modelLegal definitions of crime and administration criminal justice reflect universally held shared social valuesThere is general agreement on what should be against the lawFocus on criminal acts and actions rather than reactionsDistinguishes between criminalsnoncriminalsNo need to question where definitions of crime come fromcrimes are acts which are mala in se wrong in themselvesConflict ModelCertain activitiesbehaviours are criminalized because of broader social economic and political factorsCriminal law reflects values of those who have power and influenceLess agreement on social valuesFocus on behavior of criminal lawprocesses of law reformNo essential distinction between criminalsnoncriminals depends whos making lawswhose interests are at stakeWhat is defined as criminal is result of power strugglespolitics crimes are actsactivities which are mala prohibita wrong because theyre against the lawUnequal distribution of power affects administration of criminal justice 2 September 13 2012Theories of Criminal JusticeThemes of Criminal Justice o Due processcrime controlDue processConcerned to limit guidestructure official discretionpowers the end doesnt justify the meansEmphasis on individualprocedural rights of accused better to acquit 10 parties than to convict 1 innocent personPresumption of innocence Crime controlEmphasis on controlling crime protection of publicrights of victimsGet tough through emphasis on deterrenceincapacitation of othersCriminal justice authorities should have as much discretionpower as is necessary to respond to crimethe end justify the meansStrong presumption of guiltconfidence that CJS is able to screen out innocent at policyprosecution stages o Myth of the systemConflicts between different stagescomponentsJudge might apply sentence but there is a mandatory minimum taking away their discretion Conflicts in relation to a single stagecomponentCorrectional officers must negotiate demands to keep order in prison while dealing with rehabilitatingfacilitatingCompeting interests offenders victimscommunities justice systemOffenders have interest in due process rehabilitation Communities have interest in safety Victims have interest in being heard Bail1869 Bail discretionary for all offences1972 Bail reform Act codified reasons for keeping accused in custody o To ensure accuseds attendance in court o As protection against criminal offences before trial o In public interest1975 Criminal Law Amendment Act introduced reverse onus for some offencesthe accused has to give reason why they should be put out on bailS11 e of Canadian Charter right not to be denied bail without reasonable cause1992 Supreme Court of Canada upheld reverse onus provisions Release is general ruleUnless reverse onus applies prosecutions must show cause to oppose releaseS515 10 of CCC grounds justifying detention o In order to ensure attendance in court o For protection of public o To maintain confidence in administration of justiceo DiscretionFreedom to choose between different options when confronted with need to make a decisionDisparity similar offenders who commit similar crimes receive sentences of differing severity Discriminationdiscretion allows other types of discrimination into criminal justice decision makingo AccountabilityRequirement among public servants to provide account for their decisionsactions takennot takenThe state of being accountable liability to be called on to render an account the obligation to bear the consequences for failure to perform as expected Mechanisms of AccountabilityCharter rightsremediess714 legal rightsInternational Law o Standard minimum rules for treatment of prisoners o Basic principles for treatment of prisoners o Body of principles for protection of all persons under ay form of detentionimprisonment Criminal ProsectuionsCivil law suitscivil cases can happen even if somebody is found not guilty Internalexternal review mechanismsMunicipal police services boards Special investigations unitCommission for public complaints against RCMPNongovernmental groups Canadian Association of Elizabeth Fry SocietiesJohn Howard SocietySt Leonards Society of CanadaToronto Police Accountability Coalitiono InequalityNature and effects of criminal justice are shaped by broader social relations of powero Sociohistorical context Definitions of crime modes of punishmentseverity of punishment change over time and placeInfluenced by many historicallyculturally specific factors Moral beliefs political ideologiesagendas grassroots political struggles economic interests the media etc Shifting Definitions of CrimeCriminality o MarijuanaExpert knowledge Eg Medical criminological EconomicsInterest groupsgrassroots politicsLegal decisionsPopular culturepublic opinion mediaInternational influences the USLaworder politics The CulturalHistorical specificity of modes of punishment o Techniques of punishment Eg Death penalty o International differences in approaches tosensibilities about crime and punishment 3 September 20 2012 MisperceptionsOriginsOverview of Criminal JusticePublic misperceptions about criminal justice o Cultural representations of crimecriminals o Production of indifference facilitated by gender racialclass divideso Politics crimemediaMedia coverageTends to focus on sensational violent crimesBrief storiesFocus on offenceFew details about caseIf public is given more info about the case they become more lenient
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