CHAPTER ONE: REVIEW
Criminal code: federal legislation that sets out criminal laws, procedures for prosecuting federal
offences, and sentences and procedures for the administration of justice.
Stare decisis: principle by which the higher courts set precedents that lower courts follow.
Criminal Law: body of law considered so harmful to society as a whole that it is prohibited by
statute and prosecuted and punished by government
Civil Law: a general category of laws relating to contracts, torts, inheritances, divorce, custody
of children, ownership, of property and so on.
Crime: act prohibited by criminal law
Value consensus Model: the view that crime and punishment reflect commonly held opinions
and limits of tolerance
Conflict model: view that crime and punishment reflect the power some groups have to
influence the formulation and application of criminal law.
Hybrid offences: offences that can be prosecuted either summarily or by indictment in terms of
seriousness- a decision made my crown (Summary- less serious offences. Indictable- Serious
Crime control Model- protection of community and apprehension of offenders is key.
Presumption of guilt. Giving Police unfettered power. Put many people in funnel, guilty stay in.
Mistakes not made.
Due Process Model- an orientation to criminal justice in which the legal rights of individual
citizens, including suspects is key. Presumption of innocence. Protection from the potential
abuse of police. Approach every aspect of funnel as if mistakes are made and people innocent.
Discretion: the freedom to choose between different options when confronted with the need to
make a decision. Disparity: Similar offenders who commit similar crimes receive sentences of
Accountability: 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.
SIU: important accountability mechanism for the exercise of police power. Monitors police
Socio-Historical Context: Change over Time and Place: Definitions of crime, modes of
punishment and severity of punishment change over time and place. i.e, influenced by
discrimination, race, sex, media…
Restorative Justice: an approach to justice based on the principle that crim behavior injures
the victim, the offender, and the community. Victim, offender, community, get together to problem solve. i.e. Victim-offender meditation, Sentencing circles, Community holistic healing
programs, family group conferences. Result: lower chances of reoffending. (like probation).
Reduce court costs and time. Reduce level of trauma by victims.
Interoperability: the ability of hardware and software from multiple databases from multiple
agencies to communicate with one another. i.e. Police exchange info w/ corrections and parole.
Courts w/ correctional agencies and parole boards.
-Criminal Justice System is a human enterprise. People (CJ personnel) making decisions about
-Police/courts/corrections, are the basic components of the CJS.
-Responsibility for CJ is shared among 3 levels of government. Federal/provincial/municipal.
-The flow and attrition of cases through the criminal justice system can be represented
graphically by means of a funnel.
-The Canadian CJS is an adversarial system.
-2 Models of CJ administration are the due process and conflict model.
-The exercise of discretion is a key feature of the CJ process.
-A key component of the CJS is the rule of law.
-Various restorative justice approaches have been developed over the past two decades.
CHAPTER THREE: REVIEW
Policing: the act of maintaining and reproducing social order.
The Police: institutions or individuals given the right by the state to use coercive force in order
to maintain and reproduce social order
Pluralization of policing: the trend toward an increasing role in community safety and security
being played by private security services and Para-police officers.
RCMP Act: federal legislation that provides the framework for the operation of the RCMP
Contract policing: an arrangement whereby the RCMP and provincial police forces provide
provincial and municipal policing services.
Basic qualifications (for police candidates): the minimum requirements for ca