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110 Cards in this Set
- Front
- Back
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What are the two problems in mass media? |
1) Media presents distorted view of violent crimes 2) Media presents distorted view of legal system |
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Public opinion shapes______? |
Public behaviour/ Policy |
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Define Crime |
1) Any action of omission in violation of a criminal law 2) A violation of social norms 3) Any behaviour that is labelled by those in power as crime |
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Define Mens Rea |
Guilty Mind |
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Define Actus Rea |
Guilty Action |
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Vincent Sacco Reading: What are the two reasons for crime statistics? |
1) Media uses statistics in order to construct itself as credible 2) to construct crime as a problem in need of an urgent solution |
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How do we count crime? |
1) Through Data - Official statistics collected by police, courts and corrections 2) Research based stats - Self-reports - Victimization reports |
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Structure of the Criminal Justice System: What are the THREE major agencies? |
Police, courts and corrections |
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What are the two value systems of the CJS? |
1) Crime Control - Enforcing laws 2) Due Process - Embodies fairness |
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What are the societal benefits of crime control? |
1) If crime is prevented, its associated harmed are reduced 2) Protect public by prevention through deterrence and incapacitation |
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What are the societal benefits of due process? |
1) Legal rights are respected 2) Officials are have constraints on their authority 3) Power to make officials accountable |
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What is the Constitution Act? |
Provides, stipulates powers through three branches of government: 1) the executive 2) the legislative 3) the judiciary |
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What is the Charter of Rights and Freedoms? |
A piece of legislation that constrains the powers of legislative professionals by adhering to the legal rights and freedoms of individuals living in Canada |
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What is the Criminal Code? |
Sets the bulk of substantive and procedural law |
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What is substantive law? |
Creates offenses and specifies what constitutes a crime and what the penalties are |
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What is procedural law? |
The procedures that corrections adhere to when processing accused person(s) |
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What is the Controlled Drugs and Substances Act? |
Sets out for crimes relating to drugs |
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What is the Canada Evidence Act? |
Income tax acts and substantive law |
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What is the Youth Criminal Justice Act? |
1) Under the age of 18, you are not going to be processed in an adult court 2) Procedural law where the accused is a young person |
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What is the Corrections and Conditional Release Act? |
Sets out policies and procedures that happen in corrections at the tail end of the system |
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What are the two perspectives on the Origins and Role of Law? |
1) Consensus Model 2) Conflict Model |
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What is the Consensus Model? |
- basic agreement on societal values - focus on criminal behaviour - look at acts as opposed to reactions - distinguish bw criminal and non-criminal behaviour - don't question where meanings come from |
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What is the Conflict Model? |
- less/little agreement on what societal values are - focus on behaviour of criminal law - look at reactions - who is powerful? what does this influence? - there are power struggles in what gets defined as crime |
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How would the Consensus Model define crime? |
A violation of legal or social norms |
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How would the Conflict Model define crime? |
Crime is socially constructed and criminal behaviour is labelled by state and CJS agents |
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What are the FOUR ways in which crime is socially constructed? |
1) Historical Specificity 2) Cultural 3) Situational 4) Enforcement |
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What is the historical specificity of socially constructed crime? |
The kinds of behaviours and types of people the state chooses to criminalize changes over the course of history. Ex. Abortion, homosexuality, sexual assault between married couple |
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How does culture socially construct crime? |
When the state labels something as crime, they are doing that in a consistent standard of what is "right and wrong". Ex. Religion affects laws on abortion, prostitution. Ex. Drugs and prostitution is legal in Amsterdam |
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How does the situation determine the crime? |
Whether a person's behaviour is considered crime is determined through context. Ex. Some sports (boxing) are not criminally violent. Ex. in war, it is not criminal to kill. |
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How does the enforcement socially construct crime? |
The behaviour has to come to the attention of the police and they have the decision to enforce the law. |
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What are the uses for measuring crime? |
1) For government --> budgeting for police, courts and prisons 2) For CJ agencies --> allocating budgeting in their jurisdiction 3) For academics --> to test theories 4) For the market --> to sell products |
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Why is the Crime Funnel so important? |
It shows that our knowledge of crime is limited and we are dependant on CJ statistics |
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Counting Crime: What are the advantages of Official Statistics? |
Advantages: - Comparison over time and across jurisdiction - Reveals offender and victim characteristics - Reveals incident characteristics |
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Counting Crime: What are the disadvantages of Official Statistics? |
- Underestimates total crime and discretion on what crime will be discovered
- Impact on public devisions on reporting - Administrative/Legal changes; Ex. there is not more drunk driving on New Years, just more cops around to catch it - Counting problems --> overstates violent crimes known to police, understates property crimes and total crime |
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How does violent crime get counted differently from property crime? |
Violent crime = each victim is a separate incident. Property crime = incident basis, not # of victim basis |
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What is Research Based Data? |
- Estimates of criminal activity based on research surveys - Surveys use a representative sample of the general population to find out about the true extent of crime patterns; the ‘dark figure of crime’ |
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What are the TWO types of surveys? |
1) Self- Reports 2) Victimization Surveys |
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What is a Self-Report? |
Reporting crime that I have been involved in which have not come to the attention of the police |
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What are the advantages of the Self-Report? |
- Exposes "dark figure of crime" - Reveals age, class, race bias in official stats - Shows most people violate the law and most are unrecognized by police |
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What are the limitations/disadvantages of the Self-Report? |
- Sampling: Need a representative sample of the population which you want to draw conclusions - Survey bias - Reliability: Making sure it is read the way you want them to read it - Validity: under the assumption they're telling the truth - Interview bias |
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What is a Victimization Survey? |
A survey in which victims report on crime about a limited number of offences. |
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What are the limitations/disadvantages of the Victimization Survey? |
- Validity - Reliability - Survey Bias; you are asking if you have been the victim of a crime in wording people can understand, but by doing this you are skewing the definition |
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What are the competing ways that police, courts and corrections interact? |
A system versus a non-system approach. |
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What is the System image? |
- Police, courts and corrections form a system of interrelation + have common goal - Link to Consensus Model: there is an agreement what is right and wrong - Policies/Decisions will affect other parts as a self-sustaining system -Emphasizes the interdependence+cooperation towards a common goal |
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What is the Non-System image? |
-Parts do not work together, nor have common goal - Justice is a product of conflict rather than cooperation (Conflict Model) - Police goal: to deter and arrest, Court goal: due process - There is little consistency between provinces - Lots of discretion |
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Should the CJS be seen as a structure or a process? |
A structure |
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Why should the CJS be seen as a structure versus a process? |
- Shows how cases move through police, courts and corrections - Not a process b/c discretion among authority will make broad changes |
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What is the process of CJS? |
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Define Police as opposed to Policing. |
Police - state institution w/ authority to use force for social order - individuals that have to uphold law and due process - formal agency that enforces law on front lines - authority to arrest and detain |
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Define Policing as opposed to Police. |
Policing - The system to enforce the law - The act of maintaining social order+ safety - Organized activity - Uniform agreements among pop reaction (subculture) - A criminological concept (organized activity) |
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What are the THREE main Police duties? |
1) Crime Control 2) Order Maintenance 3) Social Services |
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How do the Police perform Crime Control? |
- Through law enforcement, they can detain, arrest, investigate, patrol and respond to crimes |
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How do the Police perform Order Maintenance (Peacekeeping)? |
- Mentality that they have a "night-watch" attitude - Trying to prevent disorderly/disruptive behaviours (volume, neighbour disputes, etc) - Can become disorderly if they are not attended to (Parents fighting in a hockey rink) |
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How do the Police perform Social Services? |
- All of the things that police get called to do when they are on duty 24/7 - Locating missing kids, getting cats out of trees, directing traffic |
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What is the Professional Model of Policing (1920s-70s)? |
-Organized, managed and created as if their primary goal was crime control |
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What are the principles of the Professional Model of Policing? |
1) Police are "experts", are impartial + communities are passive recipients of policing - own the problem of crime - paternalistic approach, cop is "higher up" 2) Reactive Approaches - law enforcement and coercion is the strategy used to control crime - Crime happens, police respond 3) Operational Independence- lack of community consultation |
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What are the THREE objectives of Professional Model of Policing? |
Three R's Random patrol: catching crime as it occurs Rapid response: waiting for call to help, not interested in LINK (societal factors) Reactive investigation: only interested in crimes |
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What is the hierarchy in the Professional Model of Policing? |
CHIEF PATROL OFFICERS |
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How does the hierarchal dynamic of the Professional Model of Policing affect them? |
- Efficient, centralized, decision-making organized along military lines - obeying rules from the top, don't exercise discretion, rigid discipline, must maintain distance from community as "objective" eyes |
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What are the criticisms of the Professional Model of Policing? |
- Little time is spent on crime control - Victimization surveys show that 5-16% of crime is discovered by cops, the rest is reported - about 1/2 of crimes never get reported - 3/4 of calls don't go to Police (no deterrent affect) - Alienates police-community relations (Ex. police cars are a physical barrier bw community and cop) |
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What are the Principles of Community Policing Model? |
1) Citizens are experts and active participants in policing 2) Prevention - prevent it from occurring vs. reacting once it's happened 3) Community cooperation and consultation - "broken windows" theory - giving community a role in identifying problems/solutions |
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What are the THREE objectives in the Community Policing Model? |
The Three P's Prevention: looking at broader problems which manifest crime:racism, poor social services Programs Practices - zero tolerance on disorder so they will not become crimes |
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Advantages of Community Policing Model? |
- Police and community are given more discretion - Forges community and police - Increases public support for police |
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Critiques of the Community Policing Model? |
1) Resistance from Police - idea that Police MUST catch "bad guys" and this model is "too soft" 2) Lack of Resources 3) Crime Displacement - Visible cameras displace crime to a place that doesn't have cameras 4)Community Participation - not many people will participate in policing 5) Program continuity, stability + transferability - replicating programs will not work in all areas |
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How do Police exercise discretion? |
Characteristics of ppl. they encounter: social factors (identity, class, etc) which affect response Organizational Policies: mandatory arrest policies Prioritizing Crimes: violent/drug crimes Situational Context: Urban and Rural - Rural = cop is highly visible + has great impact on offenders + community - Urban: places w/ high crime rate are focusing attention there |
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Why should we hold Police accountable? |
- Financial audits holds the police accountable for allocated resources - Political accountability: act in a way in line with RCMP + mandated responsibilities - Community accountability: working closely - Legal accountability: through courts/charter |
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Why do we allow Police discretion? |
-It is necessary and desirable for 3 reasons: 1) Laws are stated in a general way: discretion applies rules to fit circumstance 2) Policing resource are limited: there will never be enough resources to catch all crime 3) Justice demands discretion: substantive justice = equity! |
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What is private security? |
Domestic and international business who is tasked w/ responsibility of enforcing social order and security |
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What are the TWO types of Private Security? |
1) Contract Security: - businesses sell services for privacy on the individual, organizational or facilitative level 2) In-House Security: - maintain own security (Ex. Ryerson has their own security that they don't sell to anyone else) |
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Who employs Private Security? |
1) Businesses- malls, universities, etc. 2) Government - Municipal: Toronto Housing Corp. provides security around Regent Park - Provincial: Penitentiaries - Federal: Airports and baggage check 3) Household+ Private Individuals: home, car |
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What are the roles/functions of Private Security? |
1) Professional Model: to fight crime, engages in risk management and prevention 2) Equal partners w/ police: PS does what Police do; PS can arrest as well |
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What are some issues raised by Private Security? |
- If you have MONEY, you can have better access to justice/security - Make bubbles of safety, all other spaces are unsafe - Accountability concerns: they are not governed through charter, must hand over person(s) to police - PS have authority to issue bans (on malls for examples) and to complain is $5000 - No public oversight for PS - Exchange of information and personnel bw the two policing sectors |
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What are some features of Private Security culture? |
- want to be police - Imagine public policing as "crime fighting"; which poses an issue for Police Admin. trying to move away from Professional Model - PS culture = Police culture, how did it arise? --> bc ppl. who are sexist, racist, authoritarian want POWER - PS is socialized like soldiers |
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Define Criminal Justice System |
All agencies and persons involved in the prevention, response to crime, people charged w/ criminal offences and persons convicted |
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Define Criminal Code |
Federal legislation that sets out laws/procedures for prosecuting federal offences |
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Define Adversarial System |
A justice system which advocates for each party to present their case before a neutral judge/jury |
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Define Stare Decisis |
The principle by which the higher courts sets precedents that lower courts must follow |
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Define Rule of Law |
The foundation of the Canadian Legal system |
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What is Criminal Law? |
The 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 government and Criminal Courts. |
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What is Civil Law? |
A general category of law dealing with contracts, torts, inheritance, divorce, custody, property, etc. Seeks damages in money. |
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What are the two parts of crime? |
Commission of an act (Actus Rea) and mental intent (Mens Rea) |
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What is the Task Environment? |
The cultural, geographic and community setting in which the CJS operates and where CJ personnel makes decision |
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What are the consequences of over-depending on CJS? |
Public fails to take responsibility, fails to learn what role it can play, fails to underestimate the limitation on what the CJS can realistically achieve |
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What are the consequences of unmet expectations of the CJS? |
(Cycle) => dependence on the police and CJS => expectation of safety being delivered => expectation not met => clamour for more justice interventions including tougher sentencing => fear persists => crime |
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Define Criminal Injury Compensation |
Financial renumeration paid to crime victims |
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Define Restitution |
A court-ordered payment that the offender makes to the victim |
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Define Crime Rate |
Number of criminal incidents known to the police as a ratio to the size of the population |
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Define Dark Figure of Crime |
The difference between how much crime occurs and how much is reported/discovered by police |
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What is the Pluralization of Policing? |
The trend toward an increasing role in community safety and security being played by private security services and para-police officers |
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What is the Royal Canadian Mounted Police Act? |
The Federal Legislation that provides the framework for the operations of the RCMP |
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Define Contract Policing |
An arrangement whereby the RCMP and the provincial police forces provide provincial and municipal police services |
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What does the Anti-Terrorism Act entail? |
Police now have a right to - use warrant to obtain DNA from suspect - obtain a variety of warrants to intercept private audio and video - obtain foot, palm and teeth impressions from suspect |
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What is an arrest warrant? |
A document that permits a police officer to arrest a specific person for a specified reason |
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What is an indictable offence? |
A serious criminal offence that often carries a maximum prison sentence of fourteen years or more. Without warrant to arrest, they must have reasonable grounds to arrest. |
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What is a search warrant? |
A document that permits the police to search a specific location and take items that might be evidence of a crime |
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What is entrapment? |
A person ends up committing an offence he/she would not otherwise have committed, largely as a result of pressure on part of police. Ex, undercover cop dresses as prostitute |
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What is typification? |
Constructs based on a patrol officer's experience that denote what is typical about people and events routinely encountered |
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What is Problem-Oriented Policing? |
A proactive strategy centered on developing strategies to address Community problems; uncovering the root issue. Stages of POP are: Scanning, Analysis, Response, Assessment. |
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What are the primary, secondary and tertiary approaches to crime prevention? |
Primary: Police, neighbourhood watch Secondary: attempt early identification and intervention w/ potential offenders, Ex. DARE Tertiary: uses the CJS to direct response to youth and adult offenders w/ correctional programs |
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What is Clearance Rate? |
The proportion of actual incidents known to the police that result in the identification of a suspect. |
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What are THREE reasons why clearance rates should bot be used as the only indicator of police effectiveness? |
1) Police do not spend most of their time pursuing criminals 2) not all police work in the same communities 3) not all police engage in the same type of police work |
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What are the four levels of courts dealing with criminal cases? |
Supreme Court Provincial Superior Court (appeals) Provincial Superior Court (trials) Provincial Court |
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What is Judicial Interim Release or bail? |
The release by a judge of a person who has been charged with a criminal offence pending a court appearance |
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What is Reverse Onus? |
The accused has to show why a release is justified |
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If you are released on bail you also be subject to__________? |
Supervision from probation officers and Electric Monitoring |
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The principle of effective correctional treatment include these three principles: |
The Risk Principle: programs must be matched to risk level of offender The Need Principle: treatment must address factors relating to behaviours (drugs) Responsibility Principle: treatment interventions must be matched to learning style |
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What are Diversions? |
Type of program designed to keep offenders from being prosecuted and convicted in the CJS |
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What is Probation? |
A sentencing option designed to provide supervision for offenders in community, in conjunction with incarceration in a provincial correctional facility |
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What is Conditional Sentencing? |
A sentence for offenders who receive a sentence(s) totalling less than 2 years whereby the time is served in the community (house-arrest) |
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What is Electric Monitoring (EM)? |
A sentencing option involving the use of high technology ensuring that offenders remain in their residency except for working or in an authorized activity |
