Textbook Notes (369,035)
Canada (162,359)
Sociology (1,513)
SOC209H5 (126)
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Chapter 1

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Soc209 readings notes THE CONSTRUCTION OF CRIME LAWJUSTICEGriffiths 2011 Chapter 1 The Criminal Justice System An Overview y Criminal justice system is a human enterprisey Decisions of police officers judges probration and parole boards are made based on professionaljudgement experience and intituition not scientific formulas What is the criminal justice system y Contains all 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 crimesy It includes crime prevention and crime reduction y The arrest and prosecution of suspects y The hearing of criminal cases by courts y Sentencing and the administration and enforcement of court orders y Parole and other forms of conditional release y Supervision and assistance for exoffenders released into the communityo Restorative justice approach has become part of the criminal justice process as wello The criminal justice system responds to lawbreaking with investigation prosecution and when appropriate punishmento does not always respond to every breach of the lawo in reality most cases are resolved with a guilty plea often through plea negotiation and few cases go to trial The structure of Criminal Justiceo Operated and controlled almost entirely by governments o It is in parliament and in provincial legislatures that elected officials enact and laws establish and annual budgets for criminal justice agencies determine fiscal allocations and where necessary investigations and inquiries into various activities of the justice systemo Not everyone who works in the justice system is a government employeeo The civil service most of whom are unknown to the general publicmake day to day decisions with respect to criminal justice policy and practice o NGOnonprofit governmental organizations deliver a variety of services on a contract basissupervise offenders on bail assist victims provide communitybased and institutional programming and supervise parolees john howard society the Elizabeth Fry Society the StLeonards society and various Aboriginal organizations The role and responsibilities of governments in criminal justiceoThe division of responsibilities between the federal and provincial governments was spelled out in the constitution act 1867 o The federal government plays a major role in policing through agreements with the RCMP involved in federal policing as well as provincial and municipal policing under contract and Native band councils o The municipal government of cities and towns play a lesser role primarily related to policing and by law enforcemento The provincial government law enforcement and administration of justice systemFederal Offences y From abduction to witchcrafty Behaviours considered crimes in Canada are listed in the criminal code as well as procedures for responding to crimes y The criminal code sets out procedures for arrest and prosecution and the penalties that may be imposed by a judge following convictiony The most recent criminal code is three times longer than the originalCriminal Code y Federal legislation that sets out criminal laws procedures for prosecuting federal offences and sentences and procedures for the administration of justiceCanadian Charter of Rights and FreedomsA component of the constitution at that guarantees basic rights and freedoms
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