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York University
Natural Science
NATS 1745
Robin Metcalfe

Criminal Justice Systems Chapter 1 Criminal Justice in Canada An OverviewthSeptember 15 2011Lecture 1The Criminal Justice SystemThe Criminal Justice System Aggregate of all operating and administrativetechnical support agencies that perform criminal justice functionsBasic divisions of the operational aspectsoLaw enforcementoCourtsoCorrectionsoCommunity public awarenessinfluenceCommunity perception is fundamental of how we as society picture the offender If you start seeing offender as a human being Role of GovernmentsDivision of responsibilities between the federal and provincial governments was spelled out in the Constitution Act 1867Federal Decides which behaviours constitute criminal offencesProvincialTerritorial Law enforcement and the administration of the justice system They administer law enforcementModels of Criminal Justice1 Crime Control ModeloStresses importance of controlling crimeoFavours providing CJ professionals with considerable powers for responding to crimeoAn assumption that we all live in an equal free society that we make choices to get involved or not with crime like Rational Choice TheoryHobbes oThis model is founded in a long history of how to think about crime control and CJ its a more conservative approach Ex giving our cops more gun more power and lessen how we get a warrantoIn a society if people follow the rules and are good people then they dont have to fear anything about the CJS2 Due Process ModeloPrefers to place limits on the powers of CJSoPrevents State from having unlimited power over the lives of suspects and accused personsoSays slow down there will be some individuals who will suffer under the crime control model because they dont fit the definition of the good personCJS Models1 Consensus ModeloAssumes that the systems subcomponents work together harmoniously to achieve that social product we call justice and that its available to all of usoWhen we hear about military police government and state needing more power were not too afraid of that because of functionalism it works for societyoDirkive compares society to a body The headthe state But some people dont want to be the feet and rather be the head and he claims things happen in a slow process2 Conflict ModeloAssumes that the systems subcomponents function primarily to serve their own interestsoThere are components within society built to support certain groups The status quo would always rule if we say things are for peoples own good and itll protect themMulticulturalismdining dance and Within the multiculturalism umbrella above the umbrella is the normal CanadianAngloSaxonits the idea of themHegemonySomeone puts a gun to you and tells you to eat shyt and you decide to eat it because you like itBriefly On JusticeDominant philosophy of CJS has been guided in part by the constitutional entrenchment of the Canadian Charter of rights and Freedoms 1982PerspectivesoA Individual rights AdvocatesoB Public Order AdvocatesPublic Mis PerceptionsKey Public Education is ImperativePublic attitudes on CJs as largely founded on media exaggerations and lack of knowledgeCourse will look into different areas of the CJS in order to bridge the gap between what we think we know and how we come to what itIntroductionMain purpose of criminology class is to correct misperceptions Criminal justice complex systemrespond to diversity of human behaviours system needs to vary in response to the criminal conduct Must vary between two extremes premeditated murderminor offencesJudges guided by the principle of proportionality when imposing a sentence sentence reflects seriousness of crime committedLength of the sentence is determined by the seriousness of the crime the PORTION of the crime sentence served in jail parole is determined by other criteriaOffenders of the same crime are still VERY different ex Past offences Models of Criminal JusticeCrime control stresses theimportance of controlling crime and favours giving policejudges with more powerDue process wants to LIMIT the power of the criminal justice professionals Prevents the State from having unlimited power over the lives of suspects This gives people certain rights that must be respected by the police and other agents Ex Permission from a court prior to placing a wiretap on a telephone line cant stop people randomly and search them without reasonable grounds This ensures that innocent people are not stopped and detained by the policeWithout the Due process there would be an increase in the number of persons wrongfully accused WITH Due process this increases the number of wrongful acquittals bad people getting away because the police doesnt have the power to detain you Public Opinion and Criminal JusticePublic usually critical on justice system they think the systems too lenient biased leaning towards the interests of the accused rather than on the victimPolls show that 46 percent of Canadians have confidence in CJS 32 percent had littleno confidence More positive than negative about the systemHealthcare focus is getting people better no competing interests CJS has more interests victim offenders families of both groups etcPublic loses sight of complexity Confidence in Branches of Criminal JusticePublic believes that police are doing well however have little confidence in judges There are 2 ways the CJS can mess up Convict the Innocent or Acquit the GUILTYPolice are more closely allied in the public mind with a crime control mandate Therefore higher ratingsPolice are more visiblecruisers uniform patrol streets etcPunishment and PreventionsCanadians have always expressed more support for PREVENTION rather than punishment deterrence and rehabilitation for the primary goal of the CJS in CanadaPublic KnowledgePublic always things that the crime rates are rising regardless of whether the crime is going up or downPeople believe that large proportion of crime involves violence when in reality violent crimes are only a small percentage Most crimes are nonviolent People tend to focus on the more serious offencesSentencingMany people believe that if the severity of penalties increases the crime rates will go downReality The sentencing system is limited in its ability to reduce the crime ratesIncarceration as a SanctionHard to compare international sentencing Justice Systems are all different
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