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Court Systems
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Court Systems & Criminal LawUS Court Systems TEST 3.11 State and Federal Court Systems The Criminal Jusctice System CJS- all of the agencies, organizations, and personnel that are involved in prevention or, response to, crime including Persons charged with criminal offences Persons convicted of crimes Criminal jusctie professtionals Volunteers who work in the criminal jusctice system The CJS includes Crime prevention and crime reduction Arrest and prosecution of suspects Hearing of criminal cases by teh courts Sentencing and teh administration and enforcement of court orders Parole, forms of conditional release Supervision and assistance for ex-offenders released into the community Role and Responsibility of Government in the CJS Each level of government plays a role Division of responsibility, federal and provincial governments in the Constitution Act, 1867 The federal government decides which behaviours constitute criminal offences Provincial/territorial governments responsible for enforcing and administering the justice system Criminal Justice Administration Two competing perspectives on teh value systems underlying the administration of criminal jusctie 1. The Crime Control model: An orientation to criminal jusctise in which the protection of the community and the apprehensions of offenders are paramount. There are two competing perspectives on teh value system underlying the administration of criminal juscite 2. The due process model An orientation to criminal justice in which the legal rights of individual citizens, including crime suspects, are paramount An adversarial system of criminal justice Canadian criminal justice system is an adversarial system Defence lawyers/prosecutor present their cases before a neutral judge/jury The standard of proof is proof beyond a reasonable doubt Task Environments The task environment is the cultural, geographic and community setting in which the CJS operates, criminal justice personnel make decisions Media and Public Attitudes For most Canadians, news media stories primary source of information about CJS. Shows may oversimplify complex issues Tens to be biased toward sensational crime, simplify issues and public generalize from specific events Different Effects of the CJS Studies of the deterrent effect of criminal law suggest the law can serve as a deterrent only when certain conditions are present 1. Legal Sanctions (severe) applied if individuals engage in certain behaviours 2. Certainty of punishment 3. Sanction is applied swiftly when a crime is committed Restorative justice Restorative justice, alternative framework for responding to criminal offenders. Focus on Problem-solving Addressing the needs of victims and offenders Involving the community on a proactive basis and Fashioning sanctions that reduce the likelihood of reoffending There are a number of entry points in the criminal justice system where restorative justice approaches can be used Summary The criminal jusctie suystem (CJS) contains all of the agencies, organiztions, and personnel that are involved in teh prevention of, and response to crime There are 2 competing models of criminal justice administration: 1) due process and 2) crime control. The flow of cases through the justice system can be illustrated with a âfunnel,â reflecting the fact that there is significant attrition in cases through the criminal justice process The role of discretion, ethics and accountability are pervasive considerations within the CJS CJS personnel work in various task environments that affect teh challenges faced There is variation in the oversight and accountability of criminal justice personnel For most Canadians, teh media is the primary source of information about the CJS Restorative justice has a number of features that distinguish it from the adversarial system Influence of China and India China ChinaChina under the Han emperor Wudi (c. 100 bce) and (inset) at the end of the Chunqiu (Spring and Autumn) Period (c. 500 bce). Between approximately 150 bce and 150 ce, most of Southeast Asia was first influenced by the more mature cultures of its neighbours to the north and west. Thus began a process that lasted for the better part of a millennium and fundamentally changed Southeast Asia. In some ways the circumstances were very different. China, concerned about increasingly powerful chiefdoms in Vietnam disturbing its trade, encroached into the region and by the end of the 1st century bce had incorporated it as a remote province of the Han empire. For generations, the Vietnamese opposed Chinese rule, but they were unable to gain their independence until 939 ce. From India, however, there is no evidence of conquests, colonization, or even extensive migration. Indians came to Southeast Asia, but they did not come to rule, and no Indian power appears to have pursued an interest in controlling a Southeast Asian power from afar, a factor that may help to explain why only the Vietnamese accepted the Chinese model. Yet, in other ways the processes of Indianization and Sinicization were remarkably similar. Southeast Asia already was socially and culturally diverse, making accommodation easy. Furthermore, indigenous peoples shaped the adaption and adoption of outside influences and, indeed, seem to have sought out concepts and practices that enhanced rather than redirected changes already underway in their own societies. They also rejected some components: for example, some of the vocabulary and general theories related to the Indian notions of social hierarchy were borrowed but much of the specific practices were not, and neither Indian nor Chinese views of women as socially and legally inferior were accepted. In the later stages of the assimilation processâparticularly in the Indianized areasâlocal syncretism often produced exuberant variations, which, despite familiar appearances, were expressions of local genius rather than just inspired borrowings. Get Unlimited Access Try Britannica Premium for free and discover more. Sculptures at Borobudur, central Java, Indonesia. 1 of 2 Sculptures at Borobudur, central Java, Indonesia. Pagan, Myanmar 2 of 2 Pagan, MyanmarRuins of ancient Buddhist shrines and pagodas, Pagan, Myanmar. Still, Chinese and Indian influences were anything but superficial. They provided writing systems and literature, systems of statecraft, and concepts of social hierarchy and religious belief, all of which were both of intrinsic interest and pragmatic significance to Southeast Asians of the day. For elites seeking to gain and retain control over larger and more complex populations, the applications of these ideas were obvious, but it would also seem that the sheer beauty and symbolic power of Hindu and Buddhist arts tapped a responsive vein in the Southeast Asian soul. The result was an imposing array of architectural and other cultural wonders, at first very much in the Indian image and hewing close to current styles and later in more original, indigenous interpretations. The seriousness and profundity with which all this activity was undertaken is unmistakable. By the 7th century ce, Palembang in southern Sumatra was being visited by Chinese and other Buddhist devotees from throughout Asia, who came to study doctrine and to copy manuscripts in institutions that rivaled in importance those in India itself. Later, beginning in the 8th century, temple and court complexes of surpassing grandeur and beauty were constructed in central Java, Myanmar, and Cambodia; the Borobudur of the Ćailendra dynasty in Java, the myriad temples of the Burman dynastic capital of Pagan, and the monuments constructed at Angkor during the Khmer empire in Cambodia rank without question among the glories of the ancient world.Criminal Court system8.1, 8.2, 8.3 The Federal Court SystemHow did the framers of the Constitution try to limit the power of the national government? Separation of Powers: a key constitutional principle that divides the functions of government among three branches (legislative, executive, and judicial) to prevent any one branch from gaining too much power How did the framers of the Constitution try to keep one branch of the government from dominating the others? A system of checks and balances Checks: allow one branch to block the actions of other branch Congress can pass laws, but the president can check this power through veto. Congress can check the presidentâs veto power by a two-thirds majority vote in each house. Judicial branch can check the actions of both Congress and the president through its power of judicial review and so declare a law, a treaty, or an executive action unconstitutional. Balances: allow each branch of the government to have some role in the actions and power of the other branches Judges, ambassadors, and cabinet members are appointed only if the president nominates them and the Senate approves the nomination. President can sign treaties, but they only take effect if the Senate approves them. Powers of judicial branch are also balanced by the other branches. -- The Supreme Court can declare laws unconstitutional, but the president chooses federal judges, and the Senate must approve the appointments. Congress can impeach federal judges.