Tough On Crime Approach Analysis

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The Conservative government has been known for being just that – conservative. Since coming to power in Canada 10 years ago they have pursued a ‘tough on crime’ approach to criminal justice. When analyzing the ‘tough on crime’ approach I will review two questions surrounding it. I will explain what the approach is and look in-depth at what the characteristics are of this approach. I will also look at the criticisms and issues surrounding it. To conclude I will explain my opinion on the approach and why I chose that option.
To begin I am looking at the characteristics and positives to the ‘tough on crime’ approach to the criminal justice system and what it is. The ‘tough on crime’ approach is referred to as the ‘crime control model’, which
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First I will be looking at the crime control model and its policies - specifically polices adhering to giving the justice agencies more power. In the critical issues in Canadian criminal justice section of the textbook, it explained the anti-terrorism law and alluded to the crime control model by exhibiting a section around preventative detention (Goff, 2014, pg.28). In the anti-terrorism act it states that it will, “enable the police to arrest suspects without a warrant and detain them for up to 72 hours without charge before a judge has to decide to impose a peace bond if the authorities had reason to believe a terrorist act would be committed” (Goff, 2014, pg. 28). In other words, it is giving justice agencies the ability to exercise more power over crime. It was said that it raised concerns because “[…] they would override civil liberties” (Goff, 2014, pg. 28). By that statement, it means it is also illegal – in this instance, to give justice agencies more power. Now looking at the other criticism in the crime control model is about using discretion within the criminal justice system. Judges and police all use the power of discretion when it comes to crimes (J. Harel, SSCI 1000, September 16, 2015). A main concern is specifically that “judges have too much discretion in sentencing” (J. Harel, SSCI 1000, September 23, 2015). In Vancouver, Canada’s dangerous offender law was struck down because it was seen as unconstitutional (Crawford, 2015). The man that raised the challenge was in fact a dangerous individual himself, but it violated his rights in the charter (Crawford, 2015). “By striking down the law it removes the judge’s discretion over declaring a person as dangerous” (Crawford, 2015). When the justice system uses discretion and personal opinions to make a stigma around a person that is a criminal – it makes rehabilitation into

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