CRMN 1000U Study Guide - Fall 2018, Comprehensive Midterm Notes - Canada, Criminal Justice, Ford Focus
12 Oct 2018
School
Department
Course
Professor
CRMN 1000U
MIDTERM EXAM
STUDY GUIDE
Fall 2018
September 8 2107
CRIM
Lecture one
What is criminal justice?
What is crime?
• Legal
Crime is any behaviour that is prohibited by criminal code
• Social
Anything that violates social norms
• Social constructionist
Crime is something that is socially constructed
Normative framework of criminal justice system
• Adversarial system of justice
Components:
Two parties looking to win a case
• Prosecutors – two concerns
1. Justice
2. Successful prosecution
Advantages:
• Division of actors and agencies
• Evidence, as much as possible
• Promotes legitimacy of the criminal justice system
Disadvantages:
• Efficiency over procedural justice
• Length of trials
• Exclusion of relevant evidence
How does the justice system ensure decisions are equal?
• Substantive justice – relates to accuracy of the outcome
• Procedural justice – relates to fairness of the process
Rule of law
sese of orderliess, sujetio to ko legal rules ad executive accountability
basic elements:
• Scope of law
No privileged exemptions, equality before law
• Character of law
Public, clear, and easy to understand
• Institution of law
Rules to ensure fairness and justice
find more resources at oneclass.com
find more resources at oneclass.com
Access to justice
Notion of legal equality – section 15 of charter
Legitimacy of the criminal justice system
Without this – questioning of the rule of law happens
With this – perceptions of fairness and is equal
Goals of the criminal justice system?
Two models – Herbert Packer
Crime control – control and supress crime
o gets tough o rie
o goal is to reduce crime by having lengthy incarceration
o assembly line process – focuses on efficiency
o punishment – elimination of parole
Due process – rights of suspect, getting justice
Deals with:
o Procedures
o Emphasis on fairness
o Protect legal rights
Additional models:
King
Medical model – goal is to rehabilitate
Punitive model
Unified goals:
1. Reduce amount of crime
2. Confront fear
3. Justice includes victim, future victim, and suspect
4. Operates in a way that contains faith
5. Scope of crime
Structure of the criminal structure?
• Police
• Courts
• Corrections
Police
• Municipal – most common, in major cities
• Provincial – jurisdictions
• Federal – RCMP
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Crime is any behaviour that is prohibited by criminal code: social. Anything that violates social norms: social constructionist. Normative framework of criminal justice system: adversarial system of justice. Two parties looking to win a case: prosecutors two concerns, justice, successful prosecution. Advantages: division of actors and agencies, evidence, as much as possible, promotes legitimacy of the criminal justice system. Disadvantages: efficiency over procedural justice, length of trials, exclusion of relevant evidence. How does the justice system ensure decisions are equal: substantive justice relates to accuracy of the outcome, procedural justice relates to fairness of the process. Rule of law (cid:862)se(cid:374)se of orderli(cid:374)ess, su(cid:271)je(cid:272)tio(cid:374) to k(cid:374)o(cid:449)(cid:374) legal rules a(cid:374)d executive accountability basic elements: scope of law. No privileged exemptions, equality before law: character of law. Notion of legal equality section 15 of charter. Without this questioning of the rule of law happens. With this perceptions of fairness and is equal.
