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CRM 2300 Study Guide - Midterm Guide: Drug Paraphernalia, False Evidence, Custodial Interrogation

Course Code
CRM 2300
Wayne Hanniman
Study Guide

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Mid-Term Review
October 23, 2014
Summons: a document summoning one to court
Judicial Interim Release: A bail hearing
Surety: the person who is in charge of the individual who has been released for bail.
Norm: Something that is usual, typical, or standard in society.
Implicit – unspoken mutual understanding shared with other people in society
Explicit – something that isn’t illegal, but expected.
Deviance: The fact or state of departing from usual or accepted standards
Formal – Criminal activity
Informal – norms not codified by the law (no jail time, but subjected to ridicule)
Crime: “A violation of societal rules of behaviours as interpreted and expressed by a criminal
legal code created by people holding social and political power”!
Act or omission prohibited by law
Actus Reus: guilty act
Mens rea: guilty mind
Chapter 1
Disparity Vs. Discrimination *THIS WILL BE ON THE EXAM*
Main Difference
Disparity is an inconsistency as a result of authorities using illegitimate factors in decision
making. While discrimination is a differential treatment based on negative judgements relating to
group membership.
In disparity, legitimate factors include appropriate legal factors such as the seriousness of the
offence, and the offender’s prior criminal record. These are relevant because the individual’s
criminal offence can help determine his/her punishment. While the prior criminal record proves
that the offender has returned to crime (recidivism). Illegitimate factors are extralegal factors
such as race, religion, and gender, which involve decisions about the offenders group and is
unrelated to the criminal activity/offence. The CJS is not supposed to determine sentence based
on the offender’s social class. If so, then the upper-class and middle-class people would serve
their sentences in their community, while the working class would serve in prisons.
In discrimination, there is something about an individual such as race and/or religion, override
his/her other qualities like innocence, education, and abilities. Furthermore, there are 4 types of
Systemic: In all aspects of the CJS.
Institutional: Disparities in the outcomes of policies.

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Mid-Term Review
October 23, 2014
Contextual: Disparities in specific situations.
Individual: Differential treatment by specific employees.
Ex: Police officer may arrest one person while giving warnings to the rest.
Crime Control Model (conservative thinking)
Protect citizens and the community
Enforces law
Punish offenders
Deter crime
Efficient justice
Increase police
Increase correctional institutions
Increase sentence length
Guilty until proven innocent
Give CJS more powers
Reduce number of criminals
Quick arrest and conviction
Due Process Model (Liberal way of thinking)
Protects individuals from powers of the state
Enhance legal rights of the accused
Fairness, equality, and justice
Charter of Rights and Freedoms 1982 (S. 7-14)
Limit and control the powers of police
Limit discretion
Control activities of prosecutors so all accused treated fairly
Innocent until proven guilty
Ensure rights of defendant are protected
Reduction of error (wrongful convictions)
Pretrial Procedure Vs. Trial Procedure
Pretrial Procedure
Arrest: Purpose of an arrest is to (1) ensure that the accused appears in a criminal court and to (2)
prevent any further crimes from occurring.

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Mid-Term Review
October 23, 2014
Warrant: Issued after a crime has been committed. Also given when the police have enough
evidence that a certain suspect has committed an offence (based on reasonable and probable
Lay an information: Police must go to a Justice of the Peace and lay an information against the
suspect, indicating why they feel it is necessary to arrest the offender. Do not have to lay an
information if you see the crime happening on the spot.
Appearance Notice: Given to the suspect by the police at the scene of the crime. Indicates time
and place to appear in court to answer the charge(s).
Detention: To detain the suspect. If officer decides to detain him to go to custody, then accused
must be sent to a justice of the peace within 24 hours.
Summons: Must be handed to the offender directly to compel them to appear in curt on a
designated time and place (long story short - summoning one to court). If not directly handed,
then must be sent to the last known offender’s address to someone who is at the minimum age of
Police officers do not need to arrest a suspect if:
(1) Certain that the caused will appear in court on a certain time and date
(2) Prosecutor proceeds by way of summary or indictable (Hybrid offence)
(3) When the offence involves a gaming house, placing bets, or keeping a common bawdyhouse
Bail or Custody
Judicial Interim Release Hearing: Bail Hearing.
Bail: According to Mewett and Nakatsuru, bail serves 2 purposes:
(1) Compels accused to appear in court on a certain time and date
(2) Forms the written basis for the charge that the accused faces in court
Fitness Hearings
Fit to Stand Trial: To try to understand the trial procedure.
Preliminary Inquiry:
-Fit, there will be a trial. Not fit, won’t be a trial.
-Process not more than 45 days (if unfit and court needs to provide necessary information)
-Prosecution can decide not to try the accused (if fit)
Trial Procedure
First Court Appearance
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