Study Guides (238,612)
Canada (115,252)
York University (9,816)
Criminology (154)
CRIM 2652 (37)
Anna Pratt (14)

2652 Test #1 Study Sheet.docx

22 Pages
Unlock Document

York University
CRIM 2652
Anna Pratt

1. Conflict + Consensus Perspectives Consensus= what social groups have in common/ agree on Conflict= different groups have varying access to power and wealth For example: the idea that there is a general agreement within society on what should be against the law is associated with what perspective? CONSENSUS The “funnel” model of CJS is associated with which perspective? CONSENSUS. The criminal justice process is like a funnel, wide at the top and narrow at the bottom. Early in the criminal justice process, there are many cases, but the number of cases dwindles as decision makers remove cases from the process. Some cases are dismissed, while others are referred for treatment. Another way of expressing the funnel effect is to say that there are many more suspects than inmates. (Less people end up in jail) 1. Visibility—prostitutes for example 2. Police discretion—racial profiling for example 3. Bail—who gets bail and who does not 4. Prosecutorial discretion—discrimination based for example 5. Trial 6. Sentencing 7. Parole The “net” model of CJS is associated with which perspective? CONFLICT.  Fishing for certain fish— it’s not so much that specific sorts of behaviours are being policed, but particular types of people are being targeted. “Just as the fisherman does not cast his net randomly, neither do the police” (Brannigan, p. 98)  No “loss”  Ideological circle— the arrest and prosecution of certain types of crimes result in more fear and anxiety about those types of crimes and behaviours. Street crime comes to be seen as more of a social harm than white collar crime. 2.PUBLIC PERCEPTIONS OF CJS : Does the public view the system as too lenient? Too harsh? As effective? • Many people view the system as overly lenient and as biased towards the interests of the accused or offender than towards those of the victim. • This perception however is false. In the Grossman and Roberts reading, two surveys were conducted in the year of 2002 which exemplified that Canadians were more confident in the CJS than negative. • The public may lose sight of the complexity of the justice system’s mandate, which may explain why justice professionals like judges and prosecutors receive somewhat lower ratings of public confidence in contrast to the health care system for example. • The public wants a more crime control model How do they perceive different actors in CJS (for example: police, lawyers, judges)? • In general, the public has a great deal of confidence in the police and far less confidence in other criminal justice professionals like defence counsels, prosecutors, and judges. In the Grossman and Roberts reading for example, a survey conducted in 2002 found that two-thirds of respondents rated the police as doing an excellent job whereas only half expressed the same for judges. Similar trends emerged in all other countries. • The public appears to be less concerned about the occurrence of wrongful convictions. In a survey, almost half of the people thought that letting a guilty person go free was far worse than convicting an innocent person. This finding reflects the crime control orientation of the public. • In short, most people favour a justice system that gives police and prosecutors significant powers rather than a system that follows safeguards to ensure that due process is maintained. Thus the police are more closely allied in the public mind with a crime control mandate and for this reason receive higher ratings. In the popular mind, judges are probably associated far more closely with a due process model of justice—one that attracts less support from members of the public. • Afinal reason as to why police have higher ratings is more mundane than theoretical. The police are more visible than other professionals. They perform their duties in the public, and wear uniforms. • Canadians have always supported prevention, rather than punishment, according to a poll. What does the public think of various processes (parole, sentencing, cost of corrections, etc) and what does this research actually show? • The percentage of Canadians who feel that sentences are too lenient has been high for more than 20 years.Arecent poll conducted in 2005 found that 73% of Canadians felt that the system was “too soft” toward people convicted of crimes. People tend to underestimate the severity of sentencing practices. Thus, the perception of leniency in sentencing at the trial court level is based upon a misperception of the actual severity of sentences imposed. • Many people mistakenly believe that increasing the severity of penalties will have an appreciable impact on crime rates. • Canada relies too heavily on imprisonment as a sanction, yet the public is unaware of this, they think incarceration is lower. • Corrections—many Canadians feel that an inmate’s life is an easy one and are not aware of the privations and difficulties suffered by incarcerated offenders. Most people are also unaware of the high rates of homicide, suicide, and assault in correctional institutions. Whereas in reality, preventing reoffending involves ensuring that ex-offenders get jobs and have a stake in the community. • Parole Grant Rates (early release from prison) – most Canadians believe that too many inmates are released from prison too early. In reality, less than half of the applications for full parole release at the federal level are approved. • If the public knew how much money the system could save by punishing offenders in the community rather than in prison, they would probably be more supportive of community-based sentences and parole. How do public perceptions impact CJS processes and the criminal law? • It impacts crime control policies. Lock them up and throw away the key. Doesn’t allow for alternative sanctions. 3.CRIME STATISTICS—THE BASICS What are different ways of measuring crime? (for example: crime severity, crime rates, etc) THERE ARE 3 WAYS: CRIME RATE, SEVERITY INDEX, VICTIMIZATION RATE 1. Crime rate= dominated by high-volume, less serious offences like bicycle theft. 2. Crime severity index= offences having harsher sentences are assigned higher weights than those with less serious sentences. 3. Victimization rate= self-reported crimes. Much higher than Crime rates since not all crimes are reported to police. What are the general trends? (For example: crime decreasing, violent crime rates, what most offences are (property or violent crimes), which provinces have higher crime rates, etc 1. Police officer strength in Canada has been increasing over the past decade, following a period of decline throughout the 1990’s. 2. In general, crime rates in Canada have been declining 3. In general, the volume and severity of police-reported crimes in Canada has been decreasing over the past decade 4. About 1/5 crimes reported to the police are violent 5. In general, the police-reported violent crime rate has been declining since 2000, due primarily to drops in high-volume crimes such as common assault and uttering threats 6. About 40% of crimes are solved by the police 7. Policing costs continue to rise (wages, salary, etc) 8. Provinces with highest crime rates= Saskatchewan, Winnipeg, and Nunavut. What is the dark figure of crime and why is it important when thinking about crime statistics? The dark figure of crime represents unreported crimes. This is important because it gives an inaccurate number of crimes in statistics. 4. 6 THEMES OF THE COURSE Do all parts of the system share similar objectives? Does everyone agree on what the role of the CJS is, or are there different perspectives? • Diversion and alternative-measure programs are alternatives to the formal criminal justice process. Diversion programs exist for both adults and youths. • The primary mandate of the police is to serve and protect the public. As agents of the state, police officers are granted special powers to search, arrest, and detain individuals. (using their discretion) • Each level of government in Canada—federal, provincial, municipal—plays a role in the justice system. The federal government decides which behaviours constitute criminal behaviours. The provincial/territorial governments are responsible for law enforcement and for administering the justice system. The municipal governments of cities and towns play a lesser role, related to policing and bylaw enforcement. • The Canadian criminal justice system is an ADVERSARIAL system. The advocates for each party— defence lawyer, and a prosecutor present their cases before a judge or jury. Some of the common laws can be found in the Charter of Right and Freedoms. One of the most important principles include: a due process model: PRESUMPTION OF INNOCENCE—a defendant is deemed innocent of the charge until either convicted or acquitted. Is there little discretion or a lot of discretion? Why or why not? What is the impact of limited or unlimited discretion? What are some ways discretion is “checked”? Discretion= the freedom to choose between different options when confronted with the need to make a decision Discretion is used by judges, justice of the peace, and police. The judges use their discretion when dropping cases, or agreeing to a plea bargain. The justice of the peace grants bail, and the police use their discretion when laying charges, or using force • Discretion can lead to inconsistencies in how laws are applied, how cases are processed in the courts, and what decisions are made about offenders by correctional officers, parole boards, and parole officers • The criminal justice personnel uses their discretion with the use of education, training, personal experiences, and etc. judges for example • Disparity+ discrimination: Similar offenders who commit similar crimes receive sentences of differing severity. • Discretion is checked by mechanisms of accountability. Mechanisms of accountability thus “checks” some of the discretions officals exercise. • In one of the readings for example, we see the police using their discretion to investigate people’s criminal actions. • There is the bail hearing. Then there is discretion by the crown (judge). If you aren’t granted bail, you are locked up until trial, and you are more likely to be convicted. If remand (bail) is denied, you can get a plea, if not, you go to trial. If parole is granted, there is a parole officer watching over you. Be able to identify a few different ways public officials are held accountable for their decisions. (lecture 2—accountability (for ex, the charter, the SIU, etc) and Goldsmith Article Accountability= Limiting power • “the state of being accountable; liability to be called on to render an account; the obligation to bear the consequences for failure to perform as expected”. • In practice, the requirement among public servants to provide an account for their decisions and actions taken or not taken. Mechanisms of Accountability Charter rights/remedies • Ss. 7-14 legal rights protect those accused of crimes • Laws may be struck down as unconstitutional (illegal) • Technology is a mechanism of accountability GOLDSMITH ARTICLE ON POLICING’S VISIBILITY • Using hand held devices • Technology has made policing more visible. We carry cellphones which decreases their ability to police. It makes police less able to do their job If people film police all the time. It erodes the mechanism of accountability. • Secondary visibility= technology advances. 5. OPERATIONS OF CJS + MODELS OF CJ Understand how cases flow through the system, a basic understanding of the various stages of CJS process (Lec 5: Models of criminal justice; Griffiths ch 1 pg4; Grossman + robberts Ch 1) Funnel system 1. Actual level of crime 2. Detected crime 3. Reported crime 4. Recorded crime 5. Arrests 6. Convictions 7. Non-custodial punishment 8. Incarceration Understand the objectives of various actors in the CJS – for ex. police, crown, defence, corrections, parole, etc. Know the models of CJ (Packer; Grossman and Roberts Ch1: lecture 2) Crime control and due process—the characteristics, which parts of CJS associated with each, how they work together or conflict • Due process—goes to the courts. Due process limits the state from having unlimited powers and gives individuals more rights. One example of this is where police have to ask the courts before placing a wiretap on a persons telephone line. Husbands case is an example of due process: still out on bail for sexual assault. Has to do with inequality. The offender was white in the husbands case • Crime control—done by the police. Results in more people being wrongfully convicted. Understand the funnel vs. the net ideas—the main concepts associated with each, the conflict and consensus perspectives, how crime control and due process models work in the CJS (discussed in tutorial last week; also in Packer, Griffiths, Lecture 5) • Funnel (consensus)= there is loss. With consensus there is crime control and due process. • Net (conflict)= there is no loss. Only some people are being targeted. For example, in the net, prostitutes that are more visible, are caught in the net. And since they most likely aren’t able to obtain legal representation, they are stuck in the net. • Crime control works in the hands of the police where they make arrests and undergo surveillance. • Crime control= assembly line • Due process= quality control. “legally you are innocent” 6. ORIGINS + STRUCTURE OF CANADIAN CJS Powers, departments within and responsibilities of: • Federal government (for ex. Making laws; RCMP [enforcing fed laws]; federal corrections [CSC], etc) • Provincial government (for ex. Administering policing; provincial corrections, etc) • Municipalities (for ex. Creation of municipal police forces; bylaws, etc) • The federal government operates a national police force (the RCMP), prosecutes some federal offences, including narcotics offences; appoints some judges and manages some courts, operates correctional institutions with sentences 2 years or more, and operates a parole board • Provincial/territorial governments pass laws, oversee police services, prosecute offences, manage courthouses, employ some judges, run programs for offenders, and operate correctional institutions. • Municipal governments may enact local bylaws, which are valid only within city limits, minor penalties— fines. Identify different departments/organizations, names of police forces etc. (for ex, CSC, RCMP, etc) • RCMP= police force for federal government. ROYAL CANADIAN MOUNTED • CSC= correctional service of Canada • SIU= special investigations unit—deals with matters of police and civilians only Which provinces have Provincial Police forces, and who polices the provinces in those that do not • Ontario • Quebec • Parts of newfoundland The RCMP polices the provinces in those that do not Distinguish between civil and criminal law (Lecture 4; Griffiths p 15-16) Criminal law • the government assumes the responsibility for prosecuting the alleged offender • the criminal courts, on behalf of the victim and the community, undertake the task of determining the guilt or innocence of the offender • the criminal courts impose a sa
More Less

Related notes for CRIM 2652

Log In


Don't have an account?

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.