Ch 9. Criminal Justice System

Question 1

A formal system of social control

Network of organizations including the police, courts, and corrections, involved in law enforcement and administration of justice

Answer 1

Criminal Justice System

Question 2

Five components of the CJS

Answer 2

1. Laws and law-making (government legislative)
2. Policing and the enforcement of laws
3. (Criminal) court system
4. Corrections
5. Release and re-entry (into society)

Question 3

The Canadian Criminal Justice System was created to…

Answer 3

…address and control behaviour that is considered a “public evil” and directed toward maintaining public order

Question 4

Six philosophical tenants of the Canadian Criminal Justice System

Answer 4

1. Justice
2. Deterrence
3. Punishment
4. Protection
5. Rehabilitation
6. Reintegration

Question 5

Police have discretion (use of personal judgement), which leads to…

Answer 5

…different stop and arrest rates for different groups

Question 6

Community policing

Answer 6

integrating officers into community problem solving

Question 7

1. Seriousness of the offence
2. Arrest records
3. Prior police contact
4. Prior convictions
5. Those who breach a probation order
6. Rules of the Criminal Code

Answer 7

Legal Factors Police use for discretion (6)

Question 8

Extralegal factors police use for discretion (3)

Answer 8

1. The social positioning of indivduals
2. Demeanour: a suspect’s behaviour, attitude and appearance determines the outcome.
3. May lead to a self-fulfilling prophecy

Question 9

1. Prevent crime and disorder
2. Recognize that power of policing depends on public approval
3. Recognize public approval and public cooperation are linked
4. Recognize when public cooperation is secured the need for force is reduced
5. Must demonstrate impartial service to the law
6. Force is a last resort
7. Police are a part of the public community and vice versa
8. Strict adherence to executive functions
9. The crime and disorder is the test of efficiency

Answer 9

Nine Principles of Policing

Question 10

Community Policing current model key focus (3)

Answer 10

1. prevention
2. intervention
3. crime//harm reduction

Question 11

Social system tapestry

Answer 11

police organizations are influenced by the social environment and have an interdependence relationship with other systems

Question 12

Public attitudes towards “tough on crime” vs “soft on crime” practices influences…

Answer 12

…the work of policing

Question 13

The Thin Blue Line

Answer 13

a line that separates the police from the public. Rethinking this philosophy as policies are imbedded into society.

Question 14

1. Growing reliance on “community-based crime prevention” through education, neighborhood watch, etc
2. Reorientation of patrol from emergency response to proactive policies
3. Increased police accountability
4. Decentralization of command and authority which allows more discretion for officers

Answer 14

Standards of community policing

Question 15

1. Police exist within the dominant culture as a subculture
2. Police organizational culture is not monolithic
3. Police are increasingly responsible for many other organizations
4. The relationship between the police and the public is complicated
5. Police culture is insular and perpetuates itself
6. Criminal profiling as a policing practice can lead to other concerns
7. Socialization into the culture leaves little room for questions or dissent
8. Social isolation is one of the main features of police culture as police view themselves as outsiders. They trust neither the public they serve nor the managers who oversee them

Answer 15

Challenges with Policing: Policing Culture (Tator and Henry 2006) (8)

Question 16

Results of Policing Culture

Answer 16

“protect yourself” attitude and Solidarity

Question 17

Courts

Answer 17

• Inherently an adversarial/accusatorial process
• This is the place where laws are interpreted and enacted

They have discretion but are overloaded

Question 18

plea-bargaining (courts)

Answer 18

sentence reduction for a guilty plea. It can be oppressive or inadequate sentencing

Question 19

Jury Trials:

Answer 19

the law entitles those charged with an offense for which they can receive imprisonment for longer than five years to a jury trial

Question 20

Two kinds of challenges can be brought against a potential juror:

Answer 20

1. a peremptory challenge
2. a challenge for cause. (potential to be bias)

Question 21

Sentencing (Dispositions)

Answer 21

Formally referred to as dispositions, there are various types of sentences outlined in the Criminal Code.

Question 22

1. to denounce unlawful conduct
2. to deter the offender and other persons from committing offenses;
3. to separate offenders from society, where necessary;
4. to assist in rehabilitating offenders;
5. to provide reparations for harm done to victims or to the community; and
6. to promote a sense of responsibility in offenders, and acknowledgment of harm done to victims and to the community.

Answer 22

Principles of sentencing

Question 23

1. the seriousness of the offence (on alleged facts), including harm done and number of victims
2. the accused’s criminal record or membership in a criminal organization
3. eligible penalties in the event of a conviction
4. evidence of witness tampering
5. preliminary inquiry procedures and their burden on the victim(s)/witnesses
6. the prevalence of the offence in the community
7. the public’s interest in a trial by jury (Public Prosecution Service of Canada, 2014).

Answer 23

Principles of Crown Discretion

Question 24

Correctional Services

Answer 24

institutions and probation services for offenders in Canada

Question 25

Corrections four functions

Answer 25

1. Retribution
2. Social protection
3. Rehabilitation
4. Deterrence

Question 26

Durlauf and Nagin’s 2011 review of research on prisons

Answer 26

1. Long prison sentences “are difficult to justify on a deterrence-based, crime prevention basis”
2. Imprisonment may increase the rates of recidivism

Question 27

Sykes (1966) argues that long-term prisoners suffer a number of losses which…

Answer 27

…increases their likelihood to re-offend once released.

Question 27

1. unequal access to justice and unequal treatment in the criminal justice system
2. many offenders find themselves stuck in a revolving door, frequently for trivial matters that accumulate and exacerbate their situations
3. a resistance to cultural change prevails in the police and corrections services,
4. the criminal justice system discriminates against groups that are already vulnerable or marginalized, and this is exacerbated by the consistent underrepresentation of certain groups

Answer 27

Concerns with the CCJS (4)

Question 28

Police have always been the one source if immense power in society…

Answer 28

– with arrests they can suspend a person’s personal freedom