Textbook Notes (369,205)
Canada (162,462)
Criminology (124)
CRM 101 (23)
Chapter 1

Griffiths Chapter 1 Notes

3 Pages
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Department
Criminology
Course Code
CRM 101
Professor
Christina Hollingshead

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CRM – Griffiths Chapter 1 Notes – The Criminal Justice System: An Overview _______________________________________________________________________________________________ - cjs: contains all of the agencies, organizations and personnel involved in the prevention of and response to crime and dealing with persons charged with criminal offences, and persons convicted of crimes The Role and Responsibilities of Governments in Criminal Justice - Constitution Act (1867): constitutional authority for the division of responsibilities between the federal and provincial governments - federal govt: decides which behaviours constitute criminal offences - provincial govt: responsible for law enforcement and administering justice system - Federal Govt - Parliament in Ottawa has the absolute power to create, amend and repeal criminal law for entire country - national police force (RCMP) - prosecute some criminal offences (narcotics, appoint some judges for courts, operate correctional institutions for criminals serving two years or more, parole board for federal inmates and provincials ones for provinces other than Ontario and Quebec) - Criminal Code (1869): federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice - Canadian Charter of Rights and Freedoms: component of the Constitution Act that guarantees basic rights and freedoms - portfolio of public safety and emergency preparedness: includes the key federal agencies responsible for public safety and security, directed by a federal minister and includes the Department of Public Safety and Emergency Preparedness - RCMP, Canadian Armed Forces, Canadian Police Information Centre (CPIC) are all examples of federal policing areas - prosecutions made on behalf of the Attorney General of Canada are made from the Department of Justice which contains full-time prosecutors and law agents - Correctional Service of Canada (CSC) handles operations of federal correctional institutions, release of federal inmates in most cases is decided by National Parole Board (NPB) - Provincial Govt - oversee police services, employ some judges, prosecute offences, run programs for offenders, operate correctional institutions - common provincial offences: underage drinking, speeding, cell phone while driving - thee provincial police services: Ontario Provincial Police (OPP), Surete du Quebec (SDQ), Royal Newfoundland Constabulary - every province/territory has an attorney general (the chief law enforcement officer) who is responsible for laying charges and prosecuting cases - Municipal Govt - enact local bylaws, minor penalties - Canadian justice system is an adversarial system - adversarial system: a justice system in which advocates for each party present their cases before a neutral judge or a jury - opposite of the inquisitorial system of justice that operates in places such as Europe where judge(s) assume the role of investigating the crime - presumption of innocence: innocent until proven guilty - Crown bears burden of proof: Crown must prove the person is guilty vs. them proving their innocent - doli incapax (Latin for too young for evil): anyone under the age of 12 cannot be prosecuted - insanity: criminal offence is not a crime if the person is mentally unstable - attempts are crimes: even if you don’t fully go through with it you are liable to receive half the punishment - disparity in decision making: different personnel would make different decisions The Foundations of the Legal System - Canadian legal system is one of common law - originated in Europe, imported to Canada in 17 and 18 centuries - precedent: a rule that will guide judges in making subsequent decisions in similar cases - stare decisis (Latin for “to stand by what was decided”): the principle by which the higher courts set precedents that the lower courts must follow - rule of law: foundation of the Canadian legal system - legal system must be fair, law must be written clearly so that anyone or at least a lawyer can interpret it, only elected officials decide what is against the law, law must apply equally to everyone, all citizens are supposed to obey the law and accept punishment - two categories of law: public law and private law - public law: matters that affect society as a whole in its interactions with govt’s - 4 types: criminal law, constitutional law, administrative law, taxation law
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