CRIM 2652 Lecture Notes - Lecture 2: Social Exclusion

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14 Dec 2015
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1. Due Process + Crime Control
2. Myth of the system
In reality, the CJS does not work cohesively as a unied
system, it has dierent agents/components with
dierent mandates, objectives and interests
Lack of communication between agents in the CJS
system
Con#icts:
between dierent stages: bail- police want the
person to be detained, courts want them to be free
within a single stage: probation- keep the public
safe and focus on rehabilitation
competing interests- oenders and victims don't
have the same interests when it comes to the CJS
(victim wants harsher sentences and for the
oender they want to protect their rights)
1. Discretion
The freedom to choose between dierent options when
confronted with the need to make a decision
Unequal application of the law
Can result in disparity + discrimination (racial
proling, bail *socio-economic status, carding
*targets racialized men
We need limits on the discretion
1. Accountability
Be accountable for your actions: provide an account for
actions taken or not taken
To limit or check discretionary power
Mechanisms of Accountability:
The charter
SIU (special investigation unit): external/internal
review agencies
Canadian Judicial Committee
Civil law suits (prove the balance of probabilities)
criminal law
1. Inequality
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