Textbook Notes (367,790)
Canada (161,401)
Sociology (1,508)
SOC209H5 (126)
Chapter 1

chapter 1

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Paula Maurutto

The Criminal Justice System: An Overview Terms Adversarial a justice system in which advocates for each party present their cases sbystem before a neutral judge or a jury Canadian Charter of a component of the Constitution Act that guarantees basic rights and Rights and freedoms Freedoms Civil law a general category of laws relating to contracts, torts, inheritances, divorce, custody of children, ownership of property, and so on Conflict model the view that crime and punishment reflect the power some groups have to influence the formulation and application of criminal law Constitution Act, Constitutional authority for the division of responsibilities between the 1867 federal and provincial governments Crime an act or omission that is prohibited by criminal law Crime control an orientation to criminal justice in which the protection of the model community and the apprehension of offenders are paramount Criminal Code federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice Criminal law that body of law which deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Discretion the freedom to choose between different options when confronted with the need to make a decision; the ability of a police officer to choose among several possible courses of action in carrying out a mandated task Due process model an orientation to criminal justice in which the legal rights of individual citizens, including those suspected of committing a crime against the State, are paramount Hybrid (or elective) offences that can be prosecuted either summarily or by indictment-a offences decision that is always made by the Crown Interoperability the ability of hardware and software from multiple databases from multiple agencies to communicate with one another Restorative justice an approach to justice based on the principle that criminal behaviour injures the victim, the offender, and the community Rule of law the foundation of the Canadian legal system Stare decisis the principle by which the higher courts set precedents that the lower courts must follow Value consensus the view that crime and punishment reflect commonly held opinions and model limits of tolerance Introduction Criminal Justice- way we respond to those alleged to have committed and/or been convicted of criminal offences The criminal justice system is a human enterprise; decisions of police, judges, and other law professionals are based generally on professional judgment, experience and intuition rather than scientific formulas What is the Criminal Justice System? Generally considered to contain all agencies, organizations, and personnel involved in prevention of and response to crime and dealing with persons charged with criminal offences and persons convicted of crime Includes crime prevention and crime reduction Arrest and prosecution of suspects hearing or criminal cases by the courts sentencing and administration and enforcement of court orders parole and other conditional release supervision and assistance for ex-offenders released into community also recently added, restorative justice responds to the breaking of law with investigation, prosecution and also punishment does not respond to every breach of law only fraction of criminal acts committed are brought to the attention of law authorities a smaller fraction of those cases are heard in courts or lead to a sentence of incarceration most cases are usually resolved with a guilty plea (plea negotiation) and few cases go to trial The Structure of Criminal Justice operated and controlled almost entirely by governments elected officials (usually members of Parliament) play a small but important role in the criminal justice process it is in parliament and provincial legislatures that elected officials enact and amend laws, establish annual budgets for criminal justice agencies, determine fiscal allocations and conduct investigation and inquiries into different activities of justice system when required most people employed in the criminal justice system are government employees, but not all of them in the federal and provincial governments, senior civil servants (appointed) have power over their governments At the civil service level, professionals make day-to-day decision in regards to criminal justice policy and practice Role and Responsibilities of Governments in Criminal Justice Three levels of government in Canada federal, provincial and municipal; all play a role in the system Division of responsibilities between federal and provincial govt outlined in Constitution Act, 1867 Constitution Act, 1867- constitutional authority for the division of responsibilities between the federal and provincial governments Basic division is that the federal govt decides which behaviours constitute criminal offences and the provincial govt is responsible for law enforcement and administrating the justice system Federal govt plays major role in policing through agreements with RCMP Municipal govt play a smaller role which is related mainly to policing and bylaw enforcement Federal Government Because of the Constitution, Parliament in Ottawa has absolute control to create, amend and repeal criminal law for all of Canada Sets procedures for prosecuting persons changed with criminal offences and establishes punishments to be imposed for all federal offences Operates RCMP , prosecutes some federal offences (narcotics), appoints some judges and manages some courts, operates correctional institutions and operates parole board Federal Offences Behaviours considered crime listed in Criminal Code along with procedures for responding to crime; most important statute governing prosecution of criminal offences Criminal Code: federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice Code also sets out procedures for arrest and prosecution and penalties t
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