Study Guides (248,216)
Canada (121,407)
Sociology (749)
SOC219H5 (25)

SOC 219 MIDTERM.docx

8 Pages
Unlock Document

Nicole Myers

SOC 219 MIDTERM Reading # 1 – Criminal Justice in Canada – Colin Goff - The Canadian Justice System has 3 main aims: 1. To control crime – possible by arrest, prosecution and punishment 2. To prevent crime –  Specific deterrence - punishing offenders in the hope they will not commit crime in the future  General deterrence – warning others that if they commit a criminal act, they will be punished when cause 3. To maintain justice - Justice model – this approach emphasizes that justice achieved when the various agencies of our criminal justice system follow legal rules and procedures that are publicly known, fair, and just - Disparity – refers to a difference, but one that doesn‟t necessarily include discrimination.  Arises when inconsistencies appear as a result of the authorities using illegitimate factors when making their decisions  Illegitimate factors are extralegal factors such as race, religion, and gender, which involve decisions about the group the alleged offender belongs to and are unrelated to the criminal activity of any particular individual - Discrimination – refers to the differential treatment of individuals based on negative judgements relating to their perceived or real membership in a group  Systemic discrimination – refers to discrimination (race / gender) existing in all aspects of the operations of our criminal justice system.  Means that discrimination can consistently be found in the rates of arrests, the type of charges laid, and the decision to prosecute or stay charges, as well as in the conviction rates and types of sentences given to those convicted without any significant variation over a selected time period  Institutionalized discrimination – disparities appear in the outcome of decisions  Ex. Involves decisions made within the criminal justice system based on the employment status of those accused of a crime when they are applying for bail  Women are disproportionately overrepresented among the unemployed, they are more likely to be denied bail  Contextual discrimination – arises from organizational policies within criminal justice agencies such as the police and courts  Ex. Police drops a harassment charge or fails to file the complaint because the police officers foresees the complainant dropping charges  Individual discrimination – occurs when an individual employed within the criminal justice system acts in a way that discriminates against the members of certain groups - Substantive justice – the accuracy or correctness of the outcome of a case - Procedural justice – relates to the fairness of the procedures used to arrive at the verdict in a case  Brought to attention when a higher court (Supreme Court of Canada) rules that there was a problem with the procedural fairness in a case  Best way to guarantee substantive justice - Adversarial system – both parties involved hope to win the case and have the right to argue about what evidence the court will consider  System has been designed to ensure that the accused‟s fundamental legal rights are protected, that the trial is fair, and that the final decision in impartial  Operates only in theory  Most defendant receive bargain justice – where the accused is encouraged to plead guilty in return for a reduced sentence or the dropping of a number of charges  Final result in a court system in which the vast majority of the accused plead guilty before any item of evidence is contested in open court - 3 major agencies 1. Police – has 3 main levels: 1. Municipal 2. Provincial – enforce all relevant laws in the parts of the province that is not under the control of a municipal police service: ex. OPP, RCMP 3. Federal – also the RCMP, carries out executive orders of federal government  Police Service Act – stipulates the number of things a police officer should not do, may not be criminal but be seen as bad behaviour 2. Courts – has 3 levels 1. lower courts – provincial courts, courts are typically organized into specialized divisions that deal with different areas of the law  assembly line justice – defendants line up to enter the courtroom, only to have their cases summarily dispatched , most defendants plead guilty too the charges during the initial appearance 2. superior courts – Supreme Court, Trial Division  hears first and second degree murder charges  hears the appeals of cases decided at the provincial court level 3. Appeal Court – hears appeals from the superior courts 3. Corrections  Federal parliament – governance over penitentiaries, which hold offenders sentence to imprisonment for two years or more  If a person receives a sentence of more than 2 years and tries to appeal that sentence, the individual will first stay at a provincial level until the decision is made  Responsible for framing the criminal law and supervising penitentiaries  Provincial (provinces) – have jurisdiction over prisons, which hold offenders sentenced to imprisonment for less than two year  Administer the law through the responsibilities for policing and the operation of lower courts  Community supervision – includes parole, probation, conditional sentence, statutory release and temporary absences - Criminal procedure – concerned with how criminal justice agencies operate during the interrogation of suspects, the gathering of evidence, and the processing of the accused through the courts  Also ensures that the agents of the state act in a fair and impartial manner in their search for truth  Has 2 major parts: 1. Pretrial Procedure: Arrest, Detention, Bail / Custody, Fitness Hearings 2. Trial Procedure:  Election indictable offence – when the accused has the right to choose between trial by judge alone and trial by judge and jury  Preliminary inquiry – to determine whether there is enough evidence to send the accused to trial - Courtroom work group – crime funnel, this group disputes the belief that the criminal courts operate as a formal, rational legal system with all of its members following the rule of law and well defined rules as they go about their daily business - Herbert Packer developed 2 ideal models of criminal justice 1. Due process model – prioritizing the rights of the suspect, accurate, fair, and reliable system of laws and legal procedure  The most important goal of this model is not the reduce crime but to see that justice is done – by protecting the legal rights of the accused this ensures that innocent people are not convicted 2. Crime control model – emphasizes the control and suppression of  Repressing criminal behaviour, the crime control model cannot be effective if delays occur as a case moves through the legal system and if negotiated outcomes, such as plea bargains, come into action  Incarcerating criminals for lengthy periods of time, reduces lawlessness, controls crime, and protects the rights of law abiding citizens  Presumption guilt, model places great trust in the decisions made by criminal justice officials – assumes officials never make mistakes Reading # 2 Introduction - Policy is both a process and a product: it refers to the process of decision making and also to the product of that process  Public policy – is a decision or action of government that addresses a public problem or issue, are funded through public resources and backed up by the legal system,  Is the outcome of a process that is important to uncover and explore - The policy Community – each actor occupies a role that is apart of a political system that has a dominant voice in determining government decisions in a specific field of public activity, generally permitted by society at large. Subdivides into 2 segments: 1. The sub Government – composed of government agencies and institutionalized associations that actually make policy within the sector 2. Attentive Public –, usually contains important government agencies, private institutions, pressure groups, specific interests, and individuals - Policy – refers to a planned course of action intended to influence and determine specific institutional outcomes or practices  proactive – they are intended to initiate a preferred or desired police response or practice  Reactive – attempts to reflect and incorporate a change in existing practice Reading # 3 – Chapter 1 Canadian Police and Policing Policy, Post 9/11 - Policing – refers to a broad set of regulatory and coercive activities that are designed to maintain public order, safety, and security, can be engaged by variety of public and private agencies - Hot stop policing – higher police visibility in areas of high crime, if visible the ordinary crime should decrease, may have displacement effects in other areas – crime goes elsewhere  Deterrent affect may only take place while police are there - Globalization and crime – describes an array of interrelated social, economic, and political force and change processes  Globalization and the processes and tec
More Less

Related notes for SOC219H5

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.