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70 Cards in this Set
- Front
- Back
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MagnaCarta |
Created in 1215, the magna carter is a law which individuals and governments are expected to abide. The law must be public, clear and applied evenly. |
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Charter of rights and freedom |
Primary law of land that guarentees fundamental freedoms, legal and equality rights for all citizens, including those accused of crimes. And provides protection for individuals and ensures fairness during legal proceedings |
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What is a crime? |
An act or omission prohibited by criminal law with no legal defense. Must involve the actus reus (the act) and the mens rea (the intent) |
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What is criminal law? |
Defines actions or omissions against law. Specifies penalties and criminal charges and establishes rules police, court and corrections must follow |
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Principles of Law |
Only law can define crime and punishment, cannot be retroactive (go back in time to charge someone for new law). Ignorance of law is no excuse, and no double jeopardy |
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Functions of criminal Law |
Mechanism of social control Maintain order Defines acceptable behaviour Reduces risk of personal retaliation Assists in general and specific deterrence Criminalizes behaviour Protects group interests |
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General Categories of Law |
Civil law involves resolution of disputes between private citizens Public Law involves criminal, constitutional, administrative, and taxation |
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Criminal Vs Civil Law |
CriminalLaw: Government prosecutes, Tried in criminal courts, Sanctions may include prison, May include fine, Proof beyond a reasonable doubt CivilLaw: All law but public law, Wronged person brings suit in civil court, Wronged party seeks financial damages, Proof on reasonable probability or belief |
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The system of criminal law |
Common law: Law that is based on custom, tradition, andpractices and is generally unwrittenStatute Law: Written laws enacted by a legislative body, such as the parliamentof CanadaCase Law: Law established by previous court decisions and based on rule ofprecedent |
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What makes up the criminal justice system? |
The criminal justice system is made up of 3 components, the police, courts, and correction institutions |
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What is the purpose of a justice system? |
For the protection of public and to ensure justice for all citizens. |
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Administration of justice system |
Swift, certain, efficient |
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Influences on CJS |
Media, Legislation, Diversity, Politics, Ideology, Research |
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What is a task environment |
A cultural, geographical and community setting in which the CJS operates and personnel make decisions |
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Flow of cases through the CJS |
Incident --> Police --> Courts --> Correction and parole |
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Differences between CJ and RJ |
CJ's central focus is to punish what fits the crime, retribution. While RJ is to work on victim needs and offender responsibility; repairing harm |
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6 Main objectives of the restorative justice system |
1)Provides needs of Victims 2)Offender acknowledges responsibility 3)Creates community of support 4)Alternative to adversarial justice system 5)Avoids escalation of legal justice, cost, delay 6)Prevents reoffending through reintergration |
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What is "justice" in a multi-cultural society? |
Justice is the protection of rights for all citizens, it challenges diversity, freedom of religion, legal issues, cultural and political issues |
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CJ issue of indigenous peoples |
High rates of crime and victimization in many aboriginal communities throughout all stages of justice process. |
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Rise of surveillances in society |
There has been an increase in surveillance in the society to ensure safety and security. The use of technology by citizens is the main contributor to this, but this can also affect the privacy and rights of individuals |
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Downloading responsibilities |
Funding cuts, such as cuts to shelters and specialized facilities services for the mentally ill; addicted; and poor. Also an impact on police since they get more time responding to high-risk and vulnerable populations |
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Crime Rates |
# of ratio of criminal incidents reported to police divided by the population |
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Dark Figure of crime |
The portion of crimes that don't get recorded or reported |
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Crime Trends |
Crime rates and severity of police reported crimes are decreasing through technology and crime prevention, effective policing, and decreased proportion of 15-24 y.os |
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Sources of crime stats (where do they come from) |
-Uniform crime reporting (official police data) -Victimization surveys -Self report studies -Court data, collects ltd stats -Prison data, reflects official decisions |
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Uniform crime reporting |
Standardized system for collecting police data UCR2 - incident based which contains all the contents of the UCR+ details re: victimes / accused/ circumstances of incident |
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Clearance rates |
Reported incidents that are either cleared by charge, cleared otherwise, or is unfounded |
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Shortcomings |
Officers may not record crimes consistently ie. officer discretion, not everyone arrested is guilty and inconsistent legal defenses |
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What are the influences of crime rates |
Demographics Technological change Police enforcement practice Victim responses to crime Community-Based policing etc |
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How statistics are useful |
-Stats help describe nature and extent of crime through crime prevention policies. -It provides empirical data which assists with theory development -Assists with social policy and program evaluation and provides picture of risk |
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Crime Trends |
Police costs rising to $13.5 billion in 2012, women make up for 20% of police in Canada, and 4/10 cases are solved |
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Court Data |
-25% of court cases have to do with violent offences -125 days from arrest to court -6/10 cases result in conviction -34% adult cases includes custody -50% youth cases include probation |
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Correction Data |
Federal system are more expensive where it is $322/day for men vs $600+/day for women. This is why majority of offenders are on probation and usually conditional released. |
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"Accidental deaths" Occupations at risk |
Top 5 highest fatalities in B.C 1)Construction industries 2)Manufacturing 3)Transportation and storage 4)Logging and Forestry 5)Retail trade None of which includes policing |
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Killing of police officers |
Only 6 officers are lost due to car crashes in canada -Illness, shift work/stress -Accidental deaths -Murder (in Canada) consists of only 70 police officers murdered from 1980-now -Drop due to T&A |
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Deaths in Canada |
90% of the people who die in Canada are assailant and know why they die |
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Vulnerable individuals |
("Vulnerable" owing to their mental, emotional, or physical state) This provides safety and reassure to fearful, despondent mental health consumers and allows emotionally charged people the opportunity to calm down |
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Non shooting incidents |
The vast majority of incidents are resolved successfully without the use of a firearm through tactic and skills. These tactic and skills involves communication, time, distant, and physical barriers and also the use of less lethal compliance tools |
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Police responses - breakdown of incidents |
Police officers take in these facts into consideration: Serious criminal offences, history of mental illness, irrational behavior, acts of suicide Roughly 1/3 of all police shootings involve mental illness, irrational behavior, or act of suicide all initiated by the subject |
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Level of response 1 |
Having the presence of an individuals perception of the police officer and police department |
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Levels of response - 2 and 3 |
Tactical Communication is used to de-escalate verbally. Clothing or body grasps, lever and join manipulation, throws and takedowns, handcuffing and restrains are also used. |
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Levels of Response - 4 and 5 |
Aerosol irritants and impact weapons are being used such as pepper spray, taser, baton, and bean-bag shotguns. Empty Hand Impact like the delivery of a traumatic blow using fist, knees, elbows, or feets |
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Levels of response - 6 and 7 |
Lateral Neck Restraints Deadly forces such as empty-hand compliance, impact weapon, empty-hand impact resulting in death or grievous bodily harm Police Firearm are used as a last resort to incapacitate the lethal threat by shooting upon center mass, wounding is not an option |
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Symbolic Assailant |
Rapid decision making is needed to be quick and simple. Appearance and prelude to violence |
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Dealing with new crimes |
The CJS was designed to respond to "traditional" crimes. But is now responding to new crimes such as cybercrimes, international drug and human trafficking, and organized international crimes that can increase cost and threats to security |
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Special Offender Types |
Offenders with unique needs and special challenges ex/ sex offenders, offenders with developmental or mental disorders and dual diagnoses |
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Victimization Profile |
It is prevalence since over 1/4 of Canadians report victimization (highest in western Canada) although there are high rates of non-reporting. Only 1/3 are reported to police and majority of sex reports (88%) are not reported. Majority of victims are under age 30 usually males 18-24 |
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Victims of crime |
Victims of crime experiences trauma and revictimization usually occurs through the CJS. |
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Developments in victim services |
Services and programs that provide physical, emotional, and financial needs. Victims are also involved more through the Victim impact statements and attendance at parole hearings. |
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Financial compensation for victims |
Compensations are usually given to property offences, criminal injury compensation(provincial government provide pain and suffering awards), and civil litigation (sue alleged offender, 3rd party, or justice system) |
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Media and Crime |
Provides a distorted picture of CJS by highlighting atypical cases, usually violent, often bizarre and deserving vs undeserving victims+lenient sentences |
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Public perceptions of crime and CJS |
Lack of confidence and trust in public and usually overestimates the crime level, recidivism rates, parole release rates, and recidivism rates of patrol. Underestimates the punishment severity and etc. |
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Impact of media |
Disproportionate fear of crime for elderly and women/children fear strangers. Low income families, visible minority residents, and lone-parent families are most susceptible to this |
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Visible/Cultural Minorities |
Discrimination through policing due to bias-free policing, Racial profiling, and Police with aboriginals |
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Police and Aboriginal peoples |
Neil stonechild's body was found in the outskirts of Saskatoon in 1990 (freezing cold weather to walk back) Darrel Nigh survived in 2000 and police was convicted of unlawful confinement |
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Police Today |
There are about 70k police officers across Canada, that is 199/100k |
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Federal Police |
Federal Polices are governed by the RCMP which includes a broad range of policing activities. Provincial, territorial, and municipal may hire the RCMP through contract policing (60%). Concerns of this are local oversight and fiscal accountability and over-extensions+detachments don't respond to community priorities and needs |
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Provincial/Regional Police |
Ontario provincial police (OPP) Sucrete du Quebec (SQ) Royal newfoundland constabulary (RNC) Other provinces contract with RCMP |
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Municipal Police |
Responsibilities is to respond to criminal code, provincial statues, municipal bylaws, and some federal statutes. The municipal police contain the largest # officers of any level which usually have own police forces, join another municipality's existing force or contract RCMP or provincial force |
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First Nations police force |
FN officers from RCMP or OPP to enforce criminal code, federal and provincial statues, band bylaws |
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Defining police work |
Activities of organizations to act legally on behalf of public or private organizations to maintain security or social order |
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Pluralization of policing |
Police no longer have monopoly, increased role of private security with responsibilities of safety and security (outnumbers police 4:1) |
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Policing in Democratic society |
There is tension between power and authority and maintaining order and society's values |
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Policing duties |
Crime control, order maintenance, and crime prevention and service. Peacekeeper, not enforcer |
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Misconceptions of police work |
Police work prevents crime, Mounties always get their man, frequent use of force, dangerous, primarily criminal pursuit, when call a police they come |
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Reasons for police culture |
Polcing is stressful since they are always on duty with shift work and it's dangerous with frequent exposure to trauma |
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Charter limits on police powers |
Cannot use electronic surveillance without prior judical authorization, since defendant can cite abuse of process as defendant and evidence gathered illegally may be excluded |
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Charter extending police powers |
Allowed to use thermal imaging technology, police can continue to question even if suspect has invoked right to silence, authority to use warrants to obtain DNA, Mr. big stings |
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Evolution of police practice |
Traditional/professional model of policing 1920-1930 and beyond: 3 Rs Random patrol Rapid response Reactive investigation Community policing 1980s: Three Ps Prevention, problem solving, and partnership |
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The end |
The end |
