Textbook Notes (368,800)
Canada (162,168)
Sociology (1,513)
SOC209H5 (126)
Chapter 1

Soc 209 Chapter 1.doc

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Paula Maurutto

SOC209 – Chapter 1 • Criminal justice system  prevention of crime • Response to crime: investigation, prosecution, & punishment • Different levels of crime, so only certain (small) amount of crime reaches police officers  crime funnel • Parliament and provincial legislators work on laws, but not everyone is a government official • Division of responsibilities spilt between: municipal, provincial & federal • Municipal  bylaws, policing • Provincial  OPP, Native Groups • Federal  RCMP (federal police), military Federal Government, Offences & Other Statues: • Absolute power with criminal laws • Sets procedures for prosecution • Federal offences: narcotics, human trafficking  RCMP, anti-terrorism • Correctional institutes for offences with sentences 2 or more years • Criminal Code (1869)consolidated 1892continually amended and revised • Canadian Charter of Rights & Freedoms (Constitution Act 1982) • Primary law of the land  affects criminal law as well • Basics rights & freedoms guaranteed • Different statues help control crime, such as national sex offender database, controlled drugs and substances act. • Federal Prosecution Service (FPS)  Department of Justice • Lawyers, judges all prosecute all over Canada • Federal government appoints judges  supreme court Provincial & Territorial Government: • Constitution Act  holds provinces responsible for administration of justice • Provincial  police services, mange courthouses, prosecute offences • Can pass law around areas that come within their jurisdiction • Offences include: underage drinking, speeding, driving while texting • 3 Provincial police: 1. Ontario Provincial Police (OPP) 2. Surete du Quebec 3. Royal Newfoundland Constabulary • Oversee independent municipal police in major cities like Toronto and Montreal • Policies include: training standards, complaints process, and police practises • Every province has attorney general, or a minister of justice • Non custodial programs  probation fine options, victim-offender programs • Institutions with sentences totalling 2 years or less Municipal: • Enact laws, that apply within that city • Offences: minor penalties, principally fines • City council or Police service board control police budgets and hire and dismiss Criminal Justice Process:  figure 1.3 pg 11 • Adversarial system: a justice system in which advocates for each party present their cases before a neutral judge or jury • Certain rules come into play with these procedures • Due to the fact they are in Charter of Rights and Freedoms • Such as assumption of innocence, Doli Incapax (too young for evil), children under the age of 12 cannot be held criminally responsible • Inconsistencies on how laws are applied are due to considerable discretion when it comes to decisions • Structured in away that there is a good amount of discretion • Different personnel (judges) would make different decisions in different situations this is called disparity • Throughout history law enforcement went from communities handling their own shit, to government and agencies • Increased centralization of
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