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Criminal Justice System - Lecture #4

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Social Science
SOSC 2652
Anna Pratt

CJS – LECTURE#4 – Origins and Models of Criminal Justice September 27 , 2012 Recap of Previous Lecture: - Misperceptions - crime rate decreasing • Largely due to 'aging out' - criminals are getting too old to commit crimes Historical Origins of official version of law and conceptions of 'justice': - Bourgeoisie: new wealth producers in 1600s  Personal interests reflected law (wealth = money, not land)  Wanted a new set of law - consistent, based on free will/ choice • Need law that is predictable, rational and knowable • Needed protection from people in power - Ex. France - removal of king - Rule of Law: no one is above the law; everyone is equal - Equality - their own liberty - their personal gain - Rights and freedoms of individuals • These ideas led to Revolutions: - Ex. France: removal of King - Rule of Law: no one above the law - everyone is equal - Equality - their own liberty, their personal gain - Bloody Code: Criminal Code • Massive increase in capital offences (ex. hanging) • Economic/ political change - people displaced from their economic place • No security for shelter or food • Commons: peasants can hunt in this area, make up for capitalism • Capitalism - private ownerships - Enclosure Laws: lands are closed off - deemed private - Mass inequality: economic and political • Commons are closed - can no longer hunt; lost resources • Ex. theft, poacher - private profits • Usually the men who benefit are the ones who made the laws - Unequal Criminal Justice System - illegitimate • Repression - simply based on terror, symbolic work Doug Hay (1975) • Majesty:  Spectacle, awe, theatre, morality  Traveling courts, district courts - judges travel to hear cases  Reminded the people that there is goodness in law  Handing down sentences - in the play, making it dramatic  Inspiring public theatre - symbolic message • Justice:  Rule of Law: ideas of impartiality  Judges ensure fairness even to the poor  Not only done - seen done - widely publicized trials of wealthy  Procedural rules - way of legitimize the law  Legal formalism • Mercy:  Discretionary power reinforces authority  Balanced poor/wealthy - improve relations  Made the wealthy look benevolent Divisions of Powers 1.Federal Government:  Exclusive jurisdiction over crime (BNA Act, s.91 (27))  Federal Statutes enforced under Criminal Code (ex. Controlled Drugs and Substances Act)  Responsible for federal penitentiaries 2.Provincial and Territorial Governments:  Administer criminal justice (police, courts and provincial prisons)
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