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Criminal justice system uk
Quiz by Heidi Whelan-Kelly
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Criminal Justice SystemThe Judicial Branch & Criminal Justice System ReviewIntroduction to Criminal Justice System (Part 1)How is the criminal justice system applied to young people? 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 Considerations in the Study of Criminal Justice Inequilty in Canada A key feature of Can Society is inequity, particularly income inequity Top 1% earns 39.1% of income One million children live in low-income households Gender inequality in the workplace costs Canada $150 billion/year Women working full-time earn 74.2 cents for every dollar that full-time male workers make Racism, Prejudice and Discrimination Prejudice: unsubtitled, negative prejudgment of individuals/groups based on ethnicity, religion or race Discrimination: action/decision treats a person/group negatively Racism: prejudice, discrimination or antagonism based on belief that oneâs race is superior Racial Profiling: action that relies on stereotypes about race, colour, ethnicity, ancestry, religion, place of origin rather than on reasonable suspicion Racial Profiling Experiences of Women Women- UNiqu experiences within CJS Higher education than ever before Self-report violent victimization is higher among women (85% per 100,000 women versus 67% per 100,000 for men) Experiences of Indigenous Persons Disproportionately represented as both victims and offenders at all stages of the criminal justice system Violent victimization is more than double that of non-indigenous persons (160 vs. 74/1,000) 27% homicide victims in 2009 were indigenous The Legacy of Colonization Many indigenous people live on the margins of Canadian society Pervasive poverty High rates of unemployment Low levels of formal education High death rates (accidents/violence) Often much worse off than non-indigenous persons Residential school system operated by federal government -1880s-1990 150,000 Indigenous children sent to residential schools â60s schoopâ Intergenerational impact - residential schools - Truth and Reconciliation Commission Additional Considerations Escalating Costs of the CJS CJS expenditures have increased despite the overall decline in crime rates across the country Rise of the Surveillance Society Life in early 21st century- the pervasiveness of technology, surveillance technology Most citizens do not realize that every day their activities are recorded by video camera while shopping, when standing at a bus stop, even while driving Needs of Crime Victims Physically, Psychologically, emotionally, financially and social Victims can feel worse because of re-victimization Re-victimization: the negative impact on victims of crimes casued by the decisions and actions of criminal justice personnel Canadian Victims Bills of Rights, 2015. Summary Inequality, racism, prejudice and discriantion were intriduced as features of Canadian Society These are often manifested in racial profliing and the racialization of gropus and individuals Addtional consideration in the study of teh criminal juscitce system are The escalating costs of criminal jusicte The question as to whether the Canadian public is getting the âvalue of money,â The changing boundaries of criminal justice agencies as reflected in the development of multi agency partnerships Additional Consideration in the study of the criminal Justice system are The challenges posed by teh rise of teh surveillance society due to the pervasiveness of technology The challenges faced by crime victims Concerns for the health and wellness of offenders criminal justice professionals and The lack of diversity among criminaWhat is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow âTo stand by what was decidedâ Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society Criminal Justice