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57 Cards in this Set
- Front
- Back
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What Is Social Control? |
The various types of organized reaction to behaviour viewed as problematic. |
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What are 3 definitions of crime? |
Legal: Crime is behaviour prohibited by the Criminal Code Social Norms: Crime is Behaviours that violate social norms Social Construct: Crime is behaviour defined by the agents and activities of the powerful |
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What is Law? |
laws are a series of rules that govern the relationship between individuals, business and other associations that exist in society. |
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What is the Rule of Law? |
The rule of law provides that no one is above the law. The law applies to everyone, including a homeless person, a new immigrant, a wealthy paralegal, a police officer and the Prime Minister. |
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What is the purpose of the rule of law? |
to ensure consistency (like situations treated in a like manner), accountability, and most importantly to prevent abuses. |
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What is Due Process? |
DUE PROCESS means a dispute will be settled in the courts, before an appointed judge. |
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The Normative Approach to Criminal Justice includes |
Discovery of the truth The rule of law Protection of legal rights Access to justice for everyone Guarantee to fairness and equality |
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What is substantive justice? |
truthfulness of allegation, accuracy of verdict, and appropriateness of sentence Example: innocent person found “not guilty” |
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What is procedural justice? |
rights of individuals upheld through fair procedures Example: person may be guilty, but if unfair procedures were used, conviction is unjust |
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What are the 4 main principles of the cdn justice system? |
1. Assumption of “innocence”
2. The burden of evidence is on the prosecution,
3. To be convicted, the accused must be proven guilty beyond a reasonable doubt. I
4. The accused has a right to a fair and open trial. |
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What is the purpose of the criminal justice system? |
To prevent crime – punishing offenders (deterrent) To control crime – arrest, prosecution, punishment Maintain justice – involves conflicting views as to what is “fair and just” |
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What are the 3 main agencies of the criminal justice system? |
Police Courts / Judiciary Corrections |
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How many levels of police are there in Canada and what are they? |
3 Federal – RCMP (policing, CPIC, enforce federal statutes, protection services for dignitaries etc.) Provincial – 3 services in Canada (Ontario, Quebec and Newfoundland) Municipal – can be regional or local (i.e.: Durham Regional Police Service or Port Hope Police Service) |
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How many levels of provincial courts are there and what are they? |
3 Lower courts/provincial courts (called Court of Justice in Ontario) *most cases heard here Superior courts/Courts of Queen’s Bench (called Superior Court of Justice in Ontario Courts of Appeal (highest courts in each province; judges appointed by the federal government; cases heard in a panel; deal with sentencing lengths and procedural errors) |
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What are the goals of corrections in Canada? |
deter crime incapacitate offenders rehabilitate offenders |
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Inmates sentenced to less than 2 years are sentenced to ____________ |
Provincial Jail |
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If sentenced to federal custody inmates are eligible for: |
Full parole possible after one-third of sentence or 7 years Day parole possible 6 months prior to full parole date Statutory release after two-thirds of sentence |
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What type of sentences are available? |
Absolute discharge Conditional discharge Probation Suspended sentence Fine Incarceration |
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Inmates sentenced to 2 or more years serve their time in ___________ |
Federal Prison |
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What 4 elements are key to understanding procedural fairness? |
Participation Neutrality Trustworthiness of authorities treatment with dignity and respect |
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What is the formal name for a bail hearing? |
Judicial interim release hearing |
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What is disparity? |
Disparity refers to a difference, but one that doesn't necessarily include discrimination. |
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What are 4 types of discrimination? |
Systemic Institutionalized Contextual Individual |
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What is systemic discrimination? |
Discrimination existing in all aspects of the operations of our justice system |
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What is institutionalized discrimination? |
disparities appear in the outcomes of decisions. |
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What is contextual discrimination? |
discrimination that arises from organizational policies within criminal justice agencies such as the police and courts. |
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What is individual discrimination? |
Discrimination that occurs when an individual employed within the criminal justice system acts in a way that discriminates against the members of certain groups. |
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What is involved in the criminalization process? |
identifying problematic behaviour defining certain behaviours as crimes through legislation regulating this behaviour through law enforcement punishing those who are found guilty in a criminal court |
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Procedural Criminal law is about _______ guilt rather than _______ guilt |
Legal Factual |
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What bill made significant changes to sexual assault laws? |
Bill C-127 |
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When was bill C-127 enacted? |
January 1, 1983 |
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What does Corupus Delecti mean? |
Body of the crime |
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What are the two types of fault recognized by criminal law? |
Specific Intent General Intent |
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What is an excuse defense? |
Defendants admit what they did was wrong but they argue under the circumstances they weren't responsible for their actions |
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What are 5 examples of excuse defences? |
Age Mental Disorder Automatism Mistake of fact Mistake of law |
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What is a justification defence? |
Defendant admits that while they did commit the criminal act in question their act was justified in the circumstances |
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What are 5 justification defences? |
Duress Necessity Self-defence Provocation Entrapment |
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What is automatism? |
Unconscious or involuntary behaviour |
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The Constitution is the supreme law in canada. True/False? |
True |
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What are the 4 main sources of criminal law in canada? |
The constitution statute law case law Administrative lw |
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What is Habeas Corpus? |
A judicial order requesting that a state representative (e.g. a police officer) detaining another give reasons for the capture and detention. It is a legal device used to request judicial review of the reasons for an individuals detention and the conditions of the detention |
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What are the 3 types of indictable offenses? |
Absolute jurisdiction indictable offenses Supreme court exclusive indictable offenses election indictable offenses |
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What is the least serious type of indictable offense? |
Absolute jurisdiction indictable offenses |
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What is the most serious type of indictable offense? |
Supreme court exclusive indictable offenses |
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What are the 6 models of the criminal justice system? |
Justice Model Deterrence Model Incapacitation Model Rehabilitation Model Restorative Model Aboriginal Model |
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Focus is on the criminal act and punishment should fit the seriousness of the offence are principles of which model of the criminal justice system? |
Justice Model |
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Justice model opposes discretion in justice system (plea bargaining, parole etc.).True/False? |
True |
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Justice model supports alternatives to incarceration? True/False |
True |
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Which model Focuses on preventing offenders from reoffending and discouraging others from engaging in crime? |
Deterrence Model |
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What is deterrence? |
Deterrence is the threat of punishment or material deprivation |
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Which model focuses on the few individuals who commit the greatest number of crimes - “chronic career or repeat offenders” - who pose a long term threat to society? |
SELECTIVE INCAPACITATION |
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What are the Criminal Justice Operations of Selective incapacitation? |
Special resources would be allocated to handling high-risk offenders Repeat offenders held in custody Elimination of plea bargaining and judicial discretion Abolition of parole Harsh criminal justice legislation |
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Which model focus on the offender and assumes that crime is a result of forces outside the control of the offender, and treatment will “fix” the offender? |
The Rehabilitation model |
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What are the Criminal Justice Operations of the rehab approach? |
Increased discretion of criminal justice system (ex. Judicial discretion, plea bargains) Intervention in offender’s life to facilitate positive change Increased importance of treatment personnel Expansion of correctional services and parole More treatment and supervision |
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What are the 4 roles of policing in society? |
The Social Agent – police as problem solvers for criminal and non-criminal concerns of citizens The Watchman – emphasis on public order and managing situations The Law Enforcer – legalistic; enforce all laws to the limit, rigidly The Crime Fighter – detect and apprehend criminals |
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What is the most visible element of the criminal justice system? |
The Police |
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In ontario how many cops is there per 100,000 citizens? |
192 |
