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CRM 100 (52)
Chapter 1

Crim Justice Chapter 1.docx

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CRM 100
Tsasha Awong

CRM 100 Dr. Singh Zak Quraishi Criminal Justice in Canada: Chapter 1 -The criminal justice in Canada consists of three major agencies: the police, the courts, and the correctional system Crime Legislation in Canada -Federal conservative party has tried to revise various sections of the Criminal Code + introduce new laws for the express purpose of “tackling crime” and “making communities safer” -Changes include increasing the number of mandatory minimum penalty laws -Survey in Quebec found: -Some community supervision and treatment programs reduced recidivism rates for substance abusers and nonviolent offenders -Key factors that impact on reducing the crime rate:  Higher levels of education attainment  Higher employment rates  Higher wages  Increasing the number of police per capita Social Control, Crime, and Criminal Justice -Cultural patterns of a society is shaped by ways of thinking, feeling, and acting -Society often develops a system to warn its disapproval for ones that break with approved ways of thinking and action -Social Control: Various types of reactions to behavior viewed as problematic -To control crimes, we have to establish a system of criminal justice enabling various institutions of social control to investigate, deter, prosecute and punish -Institutions have limits, due to various laws (ex: Charter of Rights and Freedom) What is Crime? -Wrongful acts that threaten social values -Criminal law is not static, as social attitudes change, our definition of crime changes -Two definitions: 1. An act can be called a crime only when it violates the existing legal code of the jurisdiction in which it occurs  Breaking the law isn’t a crime, criminal responsibility requires a “guilty act” and a “guilty mind”, Actus Reus and Mens Reus 2. “Black Letter” approach: No act can be considered criminal until a duly appointed representative, judge or jury, of the criminal court has established the guilt of an offender and punished the offender -Consequences of the two definitions: 1. No criminal law=no crime (no behavior is criminal unless a formal action exists to prohibit it 2. No behavior or individual can be considered criminal until formally decided upon by the criminal justice system -Many criticisms have arose including:  Not every individual who violates the criminal law is caught and prosecuted CRM 100 Dr. Singh Zak Quraishi  Many criminal acts are not prosecuted even after authorities have found out  Muncie says, “definitions neglect “the basic issues of why and how some acts are legislated as criminal, while others remain subject only to informal control” -Definitions according to Edwin Sutherland:  Crime is better viewed as a violation of social norms (Exhibit 1.1)  Crime should be defined of two (+) abstract notions: “social injury” & “social harm” -Crime is a result of social interaction, the consequence of a negotiated process involving the alleged offender, the police, court personnel, and even lawmakers The Operations and Role of Canada’s criminal Justice System -Developed the agencies to protect the public from criminals -Agencies constitute a vast network of organizations, linked together called the Cri
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