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Midterm Review Griffiths ch1-5

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Simon Fraser University
CRIM 131
Sheri Fabian

Griffiths CHAPTER 1 The Criminal Justice System: An Overview Identify the components of the CJS. THE POLICE, OURTS ,AND CORRECTIONS Discuss the roles and responsibilities of governments in the CJS. FEDERAL G OVERNMENT ~Decides which behaviours constitute criminal offences Federal offences (Criminal Code), Other federal statutes (Charter), Portfolio of Public Safety and Emergency Preparedness, Federal police, Federal Prosecutors/Courts/Judges, Federal corrections PROVINCIAL & TERRITORIAL GOVERNMENTS ~Enforcing law & administering justice system Provincial/territorial offences (underage drinking, speeding), Provincial police (& municipal police), Provincial prosecutors/courts/judges (attorney general), Provincial/territorial corrections M UNICIPALG OVERNMENTS Enact local bylaws that does not encroach on another level of government’s jurisdiction Compare and contrast the due process and conflict models of criminal justice. D UE PROCESS ~protecting citizens from the potential abuses of the unfettered power given to criminal justice agencies such as the police and prosecutors to apprehend and prosecute offenders  Emphasizes procedural fairness and a presumption of innocence  Evidences a concern with structuring and confining the discretionary power of criminal justice decision makers and ensuring equal justice for all citizens CONFLICT ~crime and punishment reflect the power some groups have to influence the formulation and application of criminal law  Acts considered criminal only because they violate a criminal statute  X – our attention is wrongly focused on street crime when the greater risk to most people lies in the actions of elites Discuss the role of discretion in the criminal justice process. D ISCRETIONThe freedom to choose between different options when confronted with the need to make a decision  Can lead to inconsistencies in how laws are applies, how cases are processed in the courts, and what decisions are made about offenders by correctional officers, parole boards, and parole officers  Decision maker is a human being who brings to their work a unique combo of education, training, person experiences, and beliefs (also affected by community pressure)  Disparity in decision making – different people make different decisions in a given situation due to the considerable professional autonomy of criminal justice personnel Describe what is meant by the CJS as an adversarial system. ADVERSARIAL SYSTEM A justice system in which advocates for each party present their cases before a neutral judge or jury Presumption of innocence, The Crown bears the burden of proof, Doli incapax (“too young for evil” – 12), Insanity, Attempts are crimes -Truth will emerge from materials presented by defence and Crown 1 Griffiths -Accused persons cannot be compelled to give evidence in the case Describe the basic principles of restorative justice. Crime violates people and relationships. Justice aims to identify needs/obligations so that things can be made right. Justice encourages dialogue and mutual agreement and gives victims and offenders central roles. The outcome is judged by the extent to which responsibilities are assumed, needs are met, and healing (of individuals and relationships) is encouraged. Discuss the issues surrounding the question as to whether the CJS is a “system.” M ULTIPLEM ANDATES A “system” should have a common mandate. While the police, courts, and corrections system all aim to respond to offenders so as to prevent repetition of offensive behaviour, they differ in their views as to how this common objective is best accomplished. Ex. Police thinks court judges are too lenient in their sentencing practices. O BSTACLES TOINFORMATION SHARING  Each CJS component keeps their own files  Resource constraints that may hinder the duplication and distribution of materials  Privacy laws  Constitutional protections (Ex. In cases involving youth) -Affect the completeness of information available to decision makers -Flawed police investigation of serious crimes, incomplete info on offenders, revictimization due to notification failures of offender releases D IVERSITY ANDCOMPLEXITY OF THE SYSTEM The sheer complexity of the system and the enormous amount of info one must assimilate in order to understand the system as a whole. ADVERSARIAL SYSTEM(OF CRIMINAL JUSTI) A justice system in which advocates for each party present their cases before a neutral judge or jury CANADIAN CHARTER OF RIGHTS ANDFREEDOMS A component of the Constitution Act that guarantees basic rights and freedoms – protection for individuals and fairness during legal proceedings CIVIL LAWA general category of laws relating to contracts, torts, inheritance, divorce, custody of children, ownership of property, and so on CONFLICT MODEL OF CRIMINAL JUSTI) The view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law (mala prohibita) CONSTITUTION ACT,1867 Constitutional authority for the division of responsibilities between the federal and provincial governments CRIME An act or omission that is prohibited by criminal law (commission of an act – actus reus, mental intent to commit the act – mens rea) CRIME CONTROL MODEL (OF CRIMINAL JUSTI) An orientation to criminal justice in which the protection of the community and the apprehension of offenders are paramount CRIMINALC ODE Federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice CRIMINAL LAW That body of law which deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government  Acts as a mechanism of social control, maintains order, defines the parameters of acceptable behaviour, reduces the risk of personal retaliation, assists in general and specific deterrence, 2 Griffiths serves as a means of punishment, criminalizes behaviour, protects group interests, prevents crime and serves as a deterrent to criminal behaviour D ISCRETIONThe freedom to choose between different options when confronted with the need to make a decision (disparity in decision making) D UE PROCESS MODEL OF CRIMINAL JUSTIC) An orientation to criminal justice in which the legal rights of individual citizens, including those suspected of committing a crime against the State, are paramount H YBRID(OR ELECTIV)OFFENCES Offences that can be prosecuted either summarily or by indictment – a decision that is always made by the Crown INTEROPERABILITYThe ability of hardware and software from multiple databases from multiple agancies to communicate with one another RESTORATIVE JUSTICEAn approach to justice based on the principle that criminal behaviour injures the victim, the offender, and the community RULE OF LAW The Foundation of the Canadian legal system – all citizens are subject to the law and entitled to its protection STARE DECISIThe principle by which the higher courts set precedents that the lower courts must follow VALUE CONSENSUS MODEL The view that crime and punishment reflect commonly held opinions and limits of tolerance (mala in se) CHAPTER 2 Challenges in Criminal Justice Identify the key challenges facing the Canadian CJS in the early 21st century. High cost of operating the CJS, recently inflated due to response to 9-11. But no real “value of service” as these expenditures doesn’t really contribute to the safety and security of Canadians. Neither has there been increased effectiveness or efficiency of the CJS. Provincial/territorial focus on deficit reduction = fewer resources to develop and sustain innovative justice policies and programs. Discuss the issues surrounding the administration of justice in a multicultural society. -political, cultural, freedom of religion, and legal issues -the extent to which practices of various religious groups will be accommodated Ex. Muslims: hijab and niqab, Mormon: polygamy Describe what is meant by the task environments of criminal justice. TASK ENVIRONMENT The cultural, geographic, and community setting in which the criminal justice system operates and justice personnel make decisions -the demographics of the area, the local economic conditions, and the ethnic mix combine to influence decisions -types of crime or social disorder, community expectations regarding enforcement, the community’s capacity to address local issues, and relations between the justice system and the citizens it serves will also vary Describe the consequences of the public’s overdependence on the CJS and the consequences of unmet expectations on the part of the public. PUBLIC DEPENDENCE ON THE CJS  Public fails to take responsibility  Public fails to learn what role it can play  Public fails to understand the limitations on what the CJS can realistically achieve CONSEQUENCES OF UNMET EXPECTATIONS 3 Griffiths  Crime -> Dependence on the police and JS -> Expectation of safety being delivered -> Expectation not met -> Clamour for more justice interventions, including tougher sentencing -> fear persists -> Crime Discuss the challenges associated with creating effective criminal justice policy and practice. -No jurisdiction in Canada has ever undertaken a comprehensive review and reform of the CJS -Very limited capacity to conduct scholarly research on policies and programs, and gov’ts are under no obligation to incorporate findings from research studies into justice policy and practice -Lack of resources, yet no evidence additional resources alone will address systematic difficulties Describe the issues surrounding crime and justice in First Nations and Inuit communities. ~High rates of crime and victimization in many Aboriginal communities ~Overrepresentation of Aboriginal people at all stages of justice process Women are particularly vulnerable and usually located in remote locations where only police are available as nearby representatives of justice. Victimization- family violence, and spousal, child, and sexual abuse Describe public perceptions of crime and the CJS and the factors that influence these perceptions. PUBLIC PERCEPTIONS -Overestimate the levels of crime and recidivism, underestimate severity of punishment, believe that the CJS is defendant-biased, overestimate parole release rates and parolee reoffending rates -Low confidence in CJS, except police FACTORS THAT INFLUENCE -type of contact person polled has had with the system -high visibility of the police - community: high level of disorder, low-income families, visible minorities, lone-parent families, social disorder -media, social media Discuss the challenges of providing services for the victims of crime. -Addressing the psychological harm that criminal offenders inflict on victims and communities -the extent to which services are accessed is questionable as surveys reveal that not many people contact or use police or court-based victim service -no statutory “rights” for crime victims in the Charter -Especially difficult for immigrants and visible minority women (language barriers, lack of knowledge, fear, and pressure from family Describe the various ways in which crime victims may seek redress through the courts. SUING THE A LLEGED O FFENDER A person acquitted in criminal court can still be sued for damages through a civil lawsuit -victim/pl has more control and involvement, focus is on harm done, balance of probabilities > beyond a reasonable doubt, civil court awards are generally higher SUING A THIRD P ARTY An institution or third party that facilitated the offender’s criminal behaviour (Ex. Residential schools, bar owners for serving alcohol that resulted in impaired driving incident) SUING THE JUSTICE SYSTEM Recover damages from justice agencies that did not fulfill their mandate to protect Recover damages for actions taken by criminal justice personnel 4 Griffiths Ex. Excessive force by police, wrongful convictions by criminal courts Against systems of corrections for heinous crimes committed by offenders on parole CRIME RATEThe number of criminal incidents known to the police as a ratio to the size of the population CRIMINAL INJURY COMPENSATIONFinancial remuneration paid to crime victims (general damages – “pain and suffering”) DARK FIGURE OF CRIMThe difference between how much crime occurs and how much is reported to or discovered by the police RESTITUTIONA court-ordered payment that the offender makes to the victim to compensate for loss of or damage to property (restorative justice) TASK ENVIRONMENT The cultural, geographic, and community setting in which the criminal justice system operates and justice personnel make decisions CHAPTER 3 The Police Discuss the structure of policing in Canada. Four levels: federal, provincial, municipal, and First Nations FEDERAL POLICE RCMP RCMP Act, Contract policing- makes RCMP a national police force, Peacekeeping under the UN- international profile -Accountability, Nationwide recruiting and centralized training, Policing diverse task environments, Transfer policy, Nonunion (DivRep), Broad mandate PROVINCIAL POLICE Ontario, Quebec, Newfoundland Policing rural areas, and areas outside of municipalities and cities M UNICIPALP OLICE Have jurisdiction within a city’s boundaries FIRSTN ATIONS POLICE Can negotiate an agreement for police services that best meets the needs to the community Difficulties with recruitment, training, maintaining standards, and acquiring trust of community Define police work and describe the issues that surround police work in a democratic society. POLICE WORK Activities of any individual or organization acting legally on behalf of public or private organizations or persons to maintain security or social order while empowered by either public or private contract, regulations or policies, written or verbal. ISSUES IN A DEMOCRATIC SOCIETY Must prevent and respond to crime and to apprehend offenders AND commit to principles of democracy and due process Must adhere to justice, equality, accountability, efficiency Protecting both public order and individual rights Discuss the various roles of the police. CRIME CONTROL Responding to and investigating crimes, and patrolling the streets to prevent offences from occurring O RDER MAINTENANCE Preventing and controlling behaviour that disturbs the public peace CRIME PREVENTION AND SERVICE Providing a wide range of services to the community POLITICALEnforce criminal law, Canadian Professional Police Association Discuss several of the more common misconceptions of policing. 5 Griffiths POLICE WORK IN ITSELF PROTECTS CRIMECriminal behaviour and disorder is generally beyond the capacity of police to address on their own. It is the principles and practice of community policing and various programs that pool resources together to help increase capacity of police. THE M OUNTIES ALWAYS GET THEIR MAN Due to ineffective allocation and generally lack of resources, Mounties and police services have difficulties solving crime. POLICE WORK INVOLVES THE FREQUENT USE OF FORCE In nearly all incidents, only presence and communication are used. The potential for use of force is always there though. POLICE WORK IS DANGEROUS Mostly it is long hours of boredom with brief moments of fear and terror. < dangerous than mining and refuge work. Officer complacency is a big problem. POLICE WORK PRIMARILY INVOLVES PURSUING CRIMINALS Pursuing criminals only <10% of the time. It is more order maintenance and providing services. W HEN YOU CALL THE POLICE,THEY COME May not be dispatched, and sometimes with tragic consequences Describe the activities of private security services. -crowd control, protecting businesses/property, conducting investigations for individuals/businesses -forensic accounting and other investigative activities -can arrest and detain people who commit crimes on private property Describe the recruitment and training of police officers. RECRUITMENT Basic qualifications- Canadian citizenship, 19+, physical fitness, grade 12 education, no prior criminal convictions or pending charges, exhibit common sense and good judgment Preferred qualifications- second language/culture knowledge, related volunteer experience, postsecondary education, work/life experience Actively seeking female and visible minority applicants; Previously Experienced Officers (PEOs) TRAINING RCMP- Cadet Training Program at the Training Academy (pre-employment contract) Instruction in the law, community relations, methods of patrol and investigation, firearms handling, driver and physical training Describe what is meant by the working personality of police officers and the issues that surround this concept. W HAT IS IA set of attitudinal and behavioural attributes that develops as a consequence of the unique role and activities of police officers (how police view their role and the world) ~preoccupation with danger, excessive suspiciousness of people/activities, a protective cynicism, difficulties exercising authority in a manner that balances the rights of citizens with the need to maintain order ISSUES“us versus them” division between police and non-police, comes at the expense of positive police-community relations and openness to new strategies and models of policing Describe the structures of police governance. RCMP- Minister of Public safety and Emergency Preparedness, OPP/SQ/RNC- provincial ministry, Regional/municipal- police commissions and service boards of elected citizens Municipal police board vs. Provincial police commissions Discuss wrongdoing in police work. Police deviance occurs more on an individual level rather than an organizational level Higher levels of job stress = commit more acts of deviance 6 Griffiths 1) violations of departmental regulations and standards of professional conduct, 2) abuse of discretionary powers and authority, 3) actions, often criminal,
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