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LAWS2301B_Criminal Justice System_Maeve McMahon_Fall 2010(Useful!)

31 Pages

Course Code
LAWS 2301
Maeve Mc Mahon

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Criminal Justice System Law Lecture 1 CJS as an overview25 billion offenses every year Ashley SmithSuicide in a mental institute while being taped and watch by guardsThe guards were told not to enter the room unless she was actually unconscious or deadProblem with the Canadian Criminal Justice System Robert Dziekanski40 years old and was tassered by police which lead to his deathTazzered him 5 times in October 2007 Clifford OlsonKilled at least 11 boys in the early 80sGot 10 000 for every boy he showed where their bodies were left from policeEqualed around 100 000 for his family R vs AskovLength of waiting time before trialSection 118right to be tried within a reasonable amount of time st 1 issue when you enter court how long have they waited WhyKey element in crime proceedings is converted from something between parties and into a conflict between one party and the state R vs LatimerMercy killingJury sentenced him with second degree murder withsentence of 1 yearHowever for second degree murder there is a minimum of 10 years therefore he was sent to jail for 10 yearsWere lots of fighting back and forth including the jury Nils Christie conflict as propertyIn criminal law when a prosecuter takes over a case they arent doing it on behalf of the victim but on behalf of the stateVictim becomes a double loser 1 By offender 2 Denied full rights to participate in matter caseLawyersprofessional thieves Criminal Justice SystemAll agencies organizations and personnel involved in the prevention of and response to crime and dealing with persons charged with criminal offenses and persons convicted of crimesResponds to law breaking with investigation prosecutions and if appropriate punishmentAlthough there are many crimes very few go to trial Subject to emotionally charged debateHigh profile cases Bernardo and HomokaPlea bargains most cases are solved this way o Sometimes people who arent guilty will plea bargain o Justice must not only be done but it must be seenRacism and racial profiling o Overrepresentation of AboriginalsGun controlSex registrySecurity certificates o Visitors deemed to pose a threat to national security can be determined without charge for an indeterminate amount of time o Violates rights to the trial and right to no arbitrary detention Structure of the Criminal Justice SystemAlmost entirely made up of governmentElected official Parliament o Enact and amend laws o Annual budgets for criminal justice agencies o Determine fiscal allocations o Conduct investigations and inquiries into various activities for the criminal justice systemAppointed officials work for the government o Decisions to the criminal justice police and practiceVolunteer and organizations o Aiding victims of crime working with at risk youth etc What is crimeAn act committed or omitted in a violation of law forbidding or commanding it for which punishment is imposed upon convictionSir Leon Ro crime is a combination of temptation and opportunity o Crime is socially constructed o Crime has two critical ingrediants 1 Actus reuscommission of an act act taking place 2 Mens Reaintent to do crim o Act needs to violate a law o How do law makers keep up with new technology ie Internet stalkers and predators o No legal defense selfdefenseCriminal Justice SystemBasic componentsPoliceCourtsCorrectionsA human enterpriseIs part of the communityInvolves decisionmaking at each stage of the process Crime FunnelSignificant case attritionCrime funnelCJS does not respond to every breach of the lawMost cases end with guilty pleaFew cases go to trial Role and Responsibilities of GovernmentConstitution Act 1867Spells out the federal and provincial division of responsibilitiesFederalDecides which behaviours are criminalProvincialEnforces law administers criminal justice systemOne exception federal government can still be involved in administrative justiceFederal OffencesAbsolute power over the countryProcedures for prosecuting persons charged with criminal offenses and punishmentsRCMP prosecutes some federal offences appoints some judges manages some courts operates correctional institutions for offenders who receive sentences 2 years and up parole board except for Ontario and Quebec Military Police of the Canadian Armed ForcesCriminal Code 1982Federal legislation that sets out laws procedures for prosecuting federal offences sentencing and procedures for the administration of justiceIdentifies behaviours and proceduresRegularly updatedFederal Acts and StatutesEg Controlled Drugs and Substances Act youth criminal justice act criminal records act correctional and conditional release act 1992 DNA identification 1998 Other Federal StatutesCanadian Charter of Rights and Freedoms 1982Guarantees fundamental freedoms legal rights and equality rightsCanadian Evidence Act 1985Criminal Records Act 1985DNA Identification Act 1990Corrections and Conditional Release Act 1992 Youth Criminal Justice Act 2002AntiTerrorism Act 2001Sex Offender Registration Act 2004 Department of Public Safety and Emergency PreparednessMandate provides strategic policy advice and a range of programs and services relating to public security and safety including Royal Canadian Mounted Police RCMPCanadian Security Intelligence Service CSISCorrectional Service of Canada CSCNational Parole Board NPBCanada Firearms Centre Canadian Border Services AgencyReview agenciesRCMP External Review CommitteeCommission for Public Complaints against RCMPCorrectional Investigator Canadian Border Services AgencyAirports seaports highwayDepartment of JusticeMinister of justice attorney general appointed by the Prime Minister Eg MADD Elizabeth Fry etcDrafts bills to be debated by Parliament Canadian Centre for Justice StatisticsAppointes judges to federal courts 1 Supreme court of Canada2 Federal courts Department of Public safety and emergency preparedness
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