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Criminal Justice System - Midterm Review

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York University
Social Science
SOSC 2652
Anna Pratt

CJS MIDTERM REVIEW Chapter 1 Criminal Justice in Canada: an Overview, Griffiths Introduction: - Criminal Justice - the way we respond to those alleged to have committed or who have been convicted of criminal offences - CJS is a human enterprise based mainly on decisions of authority (police, judges, parole officers, parole boards, etc.) What is the Criminal Justice System? - Contains all of the agencies, organizations, personnel involved in prevention/ response to crime Crime prevention and crime reduction Arrest and prosecution of suspects Hearing of criminal cases by the courts Sentencing and administration/ enforcement of court orders - CJS responds with investigation, prosecution, (when appropriate), punishment - Only small fraction of criminal acts are actually known to police + court - Crime Funnel P.4, Figure 1.1, 1.2 Structure of Criminal Justice - CJS is operated/ controlled almost entirely by the Gov. - Provincial Gov. plays small but significant role in CJS - In Parliament and Prov. Legislature elected officials enact/ amend laws - Civil service level professionals mostly unknown to public make most of the decisions - NGOs Nongovernmental organizations, volunteers for victims of crime - What is the involvement of private sectors in the CJS? Role and Responsibilities of Gov. in Criminal Justice - Constitution Act, 1867 Appointed the Fed., Prov., and Municipal Gov. with specific roles 1. Federal Gov.: Decides which behaviours are criminal offences Large role in policing through RCMP (also Prov. and municipal) Parliament has the absolute power to create/amend/repeal criminal law for entire country Federal Offences: Criminal Code: federal legislation sets out criminal laws, procedures for prosecution, sentences, and administration of justice Federal offences set out in various acts or statutes (ex. Controlled Drugs and Substances Act federal offence to possess/import/grow drugs) Federal Statutes: Canadian Charter of Rights and Freedoms part of the Constitution, 1982 - Charter is the primary law of the land- Limited restrictions, guarantees fundamental freedoms, legal rights, and equality rights for persons in Canada even the accused - Provides protection for individuals and ensures fairness - CJS operate in a way that does not violate the Charter rights Statutes and Regulations federal legislation that targets specific types of criminal behaviour and offenders Portfolio of Public Safety and Emergency Preparedness Key federal agencies responsible for public safety and security Federal Police: RCMP operates as Fed. Police of Canada Other Federal police forces include: Military Police, Canadian Armed Forces Federal Prosecutors, Courts, and Judges Federal Prosecution Services (FPS) prosecutes across Canada on behalf of Attorney General of Canada Appoints all the judges (ex. Supreme Court, Federal Court of Canada) Federal Corrections: Correctional Services of Canada (CSC) looks after inmates with 2yrs + sentence; extends to their post-release 2. Provincial/ Territorial Gov.: Law enforcement and administering the justice system Job: pass laws, oversee police services, prosecute offences, manage
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