Class Notes (807,176)
Canada (492,651)
York University (33,498)
Criminology (771)
CRIM 2652 (100)
Anna Pratt (38)

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York University
CRIM 2652
Anna Pratt

Themes of Criminal Justice (they all overlap) 1. Due process AND crime control (opposites) 2. The myth of ‘the system’ 3. Discretion 4. Accountability 5. Inequality 6. Socio-historical context Due Process (goes to the Courts) • Concern to limit, guide and structure official discretion and powers: the end does not justify the means • Emphasis on individual and procedural rights of the accused: ‘better to acquit ten parties than to convict one innocent person.’ • Presumption of innocence Crime control (done by the police) • Emphasis on controlling crime, protection of the public and rights of victims • Emphasis on deterrence and incapacitation • Criminal justice authorities should have as much discretion and power needed: ‘the end justifies the means’. • Strong presumption of guilt and confidence that the innocent are screened out at the policing and prosecution stages The myth of the ‘system’ • Conflicts between different stages/components of the cjs • Conflicts in relation to a single stage/component—judge may apply a sentence that fits a crime but also address rehab to the person • Competing interests: offenders, victims, communities, administration of justice system • Tough sentence may contradict the aim of rehab Husband’s case: still out on bail for sexual assault charge. Example of due process Discretion • Discretion is “the freedom to choose between different options when confronted with the need to make a decision.” (Griffiths p. 30) • Disparity: Similar offenders who commit similar crimes receive sentences of differing severity. • Discrimination: Accountability (limiting power) • “the 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”. • In practice, the requirement among public servants to provide an account for their decisions and actions taken or not taken. Mechanisms of accountability (examples) Charter rights/remedies • Ss. 7-14 legal rights protect those accused of crimes • Laws may be struck down as unconstitutional (illegal) International Law • Standard minimum rules for the Treatment of Prisoners • Basic Principles for the Treatment of Prisoners • Body of Principles for the protection of All Persons Under any form of detention or imprisonment • Civil law suits—seek compensations. Not criminal punishments • Internal and external review mechanism  Municipal police services boards  Ontario civilian police commission on police services • Canadian human rights commission • Advocacy groups Special investigators unit= solve crime that has to do with the police and civilians Tutorial (about readings) • In the first reading, the au
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