Criminology Midterm Flashcards
(90 cards)
1
Q
What is the focus of Criminology?
A
The study of crime in society, the study of the justice system, the study of public perceptions of the realities of crime, the study of theories explaining crime and criminality
2
Q
The Consensus Perspective
A
assumes that laws reflect the collective best interests and common values of the wider society (laws reflecting the common interests of the social majority)
3
Q
The Conflict Perspective`
A
assumes that laws reflect the interests of those with wealth and social power (laws reflecting the collective interests of a society’s dominant social class)
4
Q
Pre-Modern Trends in Criminal Law
A
- royal families and religious authorities chose punishment
- punishments were often brutal
- Monarchial figure (king or queen)
5
Q
What was the enlightenment?
A
refers to a period (16th-17th and a8th centuries) when European societies transitioned toward understanding the would through scientific enquiry as opposed to religious doctrine
6
Q
Three things that the age of enlightenment contributed to the assumptions about the world and nature of human beings
A
- that human beings were inherently rational creatures
- that persons who did not abide y principles of rationality could be ‘corrected’ vi the application of the scientific method
- that human societies could be understood and optimized by using the scientific method
7
Q
Social Contract
A
speaks to the prospect that we all consent to have restrictions placed upon our conduct in exchange for the security and collective benefits born of communal living
8
Q
The ‘Veil of Ignorance’
A
lawmakers must disregard their own interests, histories and positions in society when determining laws. This will help ensure that laws are equitable and align with the pursuit of justice (as opposed to aligning with the interests of lawmakers)
9
Q
Components of the Charter of Rights and Freedoms
A
-Fundamental freedoms
-democratic rights
-mobility rights
-legal rights
equality rights
-language rights
10
Q
Fundamental Freedoms
A
– freedom of conscience, religion, though, belief, expression, of the press, to assemble peacefully, freedom of association
11
Q
Democratic Rights
A
Right to participate in political activities, right to vote, to be represented by a democratically elected governing body
12
Q
Legal Rights
A
Freedom from illegal search and seizure, from arbitrary detention or imprisonment, right to be presumed innocent until proven guilty, freedom from subjection to cruel and unusual punishment
13
Q
‘notwithstanding’ clause
A
allows parliamentarians the ability to repeal some of the rights and freedoms promised by the CORAF (specifically: fundamental rights, legal rights and equality rights) under certain circumstances
14
Q
Does the Charter of Rights and Freedoms protect us from discriminatory laws?
A
to a point, but the CORAF also includes a ‘notwithstanding’ clause
15
Q
Criminal Code of Canada
A
grands parliament (elected political representatives) the authority to determine what constitutes crime in Canada
Expands to include new forms of crime as thy emerge and is reformed when public consensus leads to the decriminalization of formerly illegal acts (such as same-sex relations)
16
Q
Types of Criminal Offences- Summary offences
A
misdemeanours: center around less serious criminal offences, often associated with monetary penalties or brief periods of incarcetation
17
Q
Types of Criminal Offences - Indictable Offences
A
felonies: includes serious criminal offences, often involving violence, associated with longer periods of incarceration
18
Q
The Goals of Criminal Law
A
deterrence
denunciation
retribution
19
Q
Deterrence
A
a principle of sentencing or punishment intended to discourage citizens from offending or reoffending
20
Q
Denunciation
A
A formal expression that conduct is unacceptable
21
Q
Retribution
A
Punishment for transgressions
22
Q
The Basic Elements of a Crime
A
The ‘Actus Reus’ and the ‘Means Rea’ of the alleged offender
23
Q
Actus Reus (state of the act)
A
the criminal act or personal conduct relating to a crime - focuses on the commission of the act itself, but does not include the mental element of a criminal offence
Consists of three components
- the conduct under question
- the surrounding or material circumstances
- the consequences of the voluntary conduct (the conduct of the potential offender must have been VOLUNTARY to justify a criminal charge)
24
Q
Mens Rea (State of mind)
A
defined as the mental element of a criminal offence or the state of mind of the offender, it is the intent to commit a criminal act
25
SUBJECTIVE Mens Rea
did the offender deliberately choose to break the law? Under subjective mens Rea, a person may not be convicted of a crime unless they:
- deliberately intended to break the law
- knew their action might lead to negative consequences but opted to do it anyway
- were willfully blind to the criminality of their actions (being aware that the act was likely criminal but neglecting to confirm such in hope of using the I didn't know the act was illegal defense)
26
OBJECTIVE Mens Rea
based not on the intentions of the offender, but instead whether a 'reasonable person' would have acted in a similar fashion given the same circumstances. Here, criminal culpability lies in the prospect that the accused person had the capacity to live up to the standard of care expected of a 'reasonable person' and failed to do so
27
First Degree Murder
the homicide was planned, committed in process of other crimes (terrorism, organized crime) or committed against law enforcement
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Second Degree Murder
the homicide was not planned or committed in process of other crime
29
Manslaughter
causing death without intent, but due to engagement with an 'unlawful act' or engaging in 'criminal negligence'
30
The Components of the criminal Justice System
1. Legislators
2. Law Enforcement
3. The Courts
4. The Correctional System
31
Legislators
Elected and appointed political representatives who develop and pass criminal laws
32
Law Enforcement
Individuals tasked with the authority to enforce the law
33
The Courts
Judicial system through which criminal culpability is determined and a corresponding punishment is determined
34
The Correctional System
Institutions tasked with applying court appointed punishments and promoting the rehabilitation of offenders
35
Legislators at the Federal Level
legislate ‘criminal law’, responsible for defining crime, identifying punishments and entrenching legislation surrounding criminal defense
36
Legislators at the Provincial/Territorial Level
legislate ‘civil law’ and tasked with administering (enforcing) federal law
37
Municipal Level
legislate ‘bylaws’ (localized ‘quality of life’ regulations), have limited power as determined by federal/provincial laws
38
The Rule of Law
- the principle that governments individuals and corporations must follow the law and that governments may take action that limit the activities of rights of citizens only in accordance with substantive and procedural requirements prescribed by law
- The ‘rule of law’ also dictates that laws must clearly indicate acts that are prohibited and the associated punishment for their transgression and anyone accused of a crime must be treated equally and receive a fair trial that respects their legal rights
39
What is the bicameral parliament consisting of?
house of commons and the Canadian senate
40
What are the seven stages in the passage from bills to laws?
1. First reading
2. Second reading
3. Committee stage
4. Report stage
5. Third reading
6. The senate
7. Royal assent
41
First reading
A member of Parliament introduces a Bill (early rough draft of a proposed law)
42
Second reading
Members of the HoC (members of the government and opposition parties) debate the contents of the proposed Bill
43
Committee stage
A select group of members of Parliament is formed with the task of examining and amending the Bill (often in line with suggestions/requests made during the second reading)
44
Report stage
Members of the committee prepare a report highlighting their deliberations and reintroduce this to members of Parliament
45
Third reading
The House of Commons (again) debate the merits of the Bill and vote for or against its’ passage into law
46
The senate
The Bill is passed to the Senate to provide ‘sober second thought’ on the merits of the Bill. The Senate examines the Bill and accept the Bill as is, reject the Bill OR send the Bill back to the HoC with suggested amendments
47
Royal assent
when the HoC and the Senate agree on the contents of the Bill, the Governor General of Canada (who represents the Queen) approves the Bill and it becomes law
48
FOUR levels of Law Enforcement in Canada
1. Federal (RCMP)
2. Provincial
3. Municipal
4. Indigenous Policing
49
Federal (RCMP) Law Enforcement
a. Focus on Federal interests like maintaining border security and policing organized and financial crime
b. Are often contracted out to provinces and municipalities should they not have a localized law enforcement agency
50
Provincial Law Enforcement
a. Primarily tasked with policing rural and non-municipal areas
b. Outside of Ontario, RCMP most often fulfill the duties of provincial law enforcement
51
Municipal Law Enforcement
a. Contracted by cities and organized into localized ‘divisions’
b. Responsible for upholding criminal laws and municipal bylaws, as well as laying criminal charges
52
Indigenous Policing Law Enforcement
a. Right to administer justice on reserve communities entrenched in the Royal Commission on Aboriginal Peoples in 1991
b. Reserve communities can come to arrangement with federal and/or provincial governments for jurisdiction over enforcement of law
53
What is the BLUE CURTAIN in regards to police culture?
refers to the subculture that traditionally arises among law enforcement officers based on their shared experiences and ability to empathize with the dangers inherent in policing
- one problematic aspect of policing culture centres around expectations, amongst officers, of blind allegiance to other officers (regardless of their conduct) and the 'code of silence' they abide by
54
The Components of the Criminal Justice System
1. Legislators
2. Law Enforcement
3. The Courts
4. The Correctional System
55
The Courts function to meet three significant goals:
1. Examining cases in which criminal charges have been pressed, determining the guilt/non-guilt of the accused and declaring appropriate forms of punishment in the event of a criminal conviction
2. Ensuring that the constitutional rights of the accused are upheld and, by extension, ensuring that criminal laws are constitutional
3. Developing legal precedents that codify interpretations of law
56
Provincial/Territorial Courts
handle criminal cases that do not involve serious/violent crimes. At this judicial level, judges are appointed by the province/territory
57
Provincial/Territorial Superior Courts
– Typically handle criminal cases that involve serious//violent crimes, as well as some applications for appeal from cases heard at the Provincial/Territorial Courts. At this judicial level, judges are appointed by the federal government
58
Provincial/Territorial Courts of Appeal
Dedicated exclusively to hearing applications for appeal stemming from the provincial/territorial courts and the Provincial/Territorial Superior Courts. Serve as the first ‘lower court’ that entertains cases surrounding Charter challenges
59
Federal Court
considers cases at the request of parliament and focus on issues relevant to federal law (assessing constitution and mediating disputes between levels of government)
60
The Supreme Court of Canada
hold the greatest authority in the interpretation of the law. Consist of a Chief Justice and eight other Supreme Court Judges who are appointed by the Governor General based on the recommendation of the current Minister of Justice. In cases of Charter challenge, all nine members of the supreme court conduct research and submit their findings. The majority vote determines whether a law will be found constitutional or unconstitutional. Only hear cases of national significance (Charter challenges and cases of appeal with the potential of establishing legal precedent)
61
Five Goals of Criminal Sentencing
1. Retribution
2. Incapacitation
3. Deterrence
4. Rehabilitation
5. Restoration
62
Retribution
inflicting punishment upon those responsible for the commission of the crime
63
Incapacitation
sequestering those responsible for the commission of a crime from the general public
64
Deterrence
demonstrating the penalties associated with criminal conduct to the general public to promote lawful behaviour
65
Rehabilitation
providing the offender with service with which to assist them in becoming law abiding citizens
66
Restoration
‘righting the wrong’ through judicial procedure and reintegrating the offender into society
67
Community Corrections (non-carceral forms of criminal sentencing)
1. Fines
2. Community service
3. Conditional sentences
4. Home confinement
68
Fines
monetary penalties with additional repercussions associated with failure of payment
69
Community service
Court-prescribed non-paid shifts with participant businesses, municipal departments or community organizations
70
Conditional sentences
community release associated with conditions (curfew, substance use, associating with certain people/groups)
71
Home confinement
form of community release specifying that the offender remain within restricted locations (usually the home and workplace)
72
Intermittent sentences
combining conditional sentences (probation, community service) with some incarceration (offenders report to prison on weekends, for example)
73
Provincial Prisons
- Provincial/Territorial Prisons – the province/territorial governments are responsible for incarcerating convicted offenders’ sentences to prison sentences of less than two years
- Also responsible for juvenile detention centers
- Offenders who fail to pay fines or abide by their conditions of release will be incarcerated at the provincial/territorial level in most circumstances
74
What is Remand?
- Remand is the practice of holding criminally accused individuals in custody as they await, or throughout, their criminal trials
- While most individuals awaiting their criminal proceedings are held in remand for one week or less, some individuals are held in remand for up to six months
75
Federal Prisons
- Federal penitentiaries are responsible for all criminal offenders with a sentence of over 2 years
- Most offenders incarcerated at the federal level have sentences of 2-3 years in length
76
Corrections Responsibilities - Care and custody of offenders
care and custody of inmates
gathers relevant information about offenders
provide rehabilitative programming and treatment to offenders
prepares offenders and their cases for conditional release consideration by the PBC
supervises offenders on release in the community
77
Parole Board Responsibility
authority under law to grant, deny or revoke parole for adult offenders serving two years or more in a deferral penitentiary
Independent Board members assess risk to make conditional release decisions
Assess, grand, revoke pardons (record suspension)
78
Conditional Release - Principles in all Decisions
protection of society
decisions based on relevant and reliable information
principles of fairness
- right to an assistant
- right to review information
- opportunity to provide written response
79
Types of Discretionary Release
Escorted Temporary Absence - up to 72 hrs in community (funeral, doc appt)
Unescorted Temporary Absence - up to 72 hrs as well, same types of release (compassion, program, appt)
80
Day Parole
live in half-way house, allowed out throughout the day, attend work, most of time have to go back to half-way house at night - reviewed every 6 months
81
Full Parole
Live in own accommodations, have to be approved by CSC, have to check in with parole officer who gets reports from employers and community contacts
82
Statutory Releasse
The Lae requires CSC (corrections services Canada) to release inmates after service 2/3 of their sentence
- definite sentences only - does not apply to life sentences
- PBC has the authority to impose special conditions (detention under specific legal criteria only
- tats aren't great as offenders haven't earned their way back into the community
83
Stats on parole completion without revocation
Day parole - 92%
Full parole - 91%
Statutory release - 67%
84
A Victim as defined by the CCRA (corrections and conditional release act)
victim, in respect of an offence, means an individual who ha suffered physical or emotional harm, property damage or economic loss as the result of the commission of any offence
The person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for the act
85
individuals who may act on a victim's behalf if the victim is deceased or incapable of acting on their own behalf (CCRA)
the victims spouse, or spouse at time of death
the individual who is or was at the time of the victim's death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year
A relative or dependant of the victim
An individual who has in law or fact custody, or is responsible for the care or support, or dependant of the victim
86
Options Available to Victims (CCRA)
-receive informed as provided by law about the offender throughout the sentence
-submit written statements
-observe PBC hearings - funding for travel is avail
-receive copies of PBC decisions, including the reasons for the decision
Listening to the audio recording o the hearing if not in attendance or in attendance
-receive info through a designated rep
-victims must register with either the PBC or the CS to receive information
87
INFO provided to victims
Shall disclose;
- Offender’s name
- Offence info
- Court of conviction
- Commencement and length of sentence
- Eligibility dates and review dates
May disclose:
- Offender’s age
- Name and location of penitentiary
- Reasons for transfer
- Conditions of release
- Advance notice of transfer to a minimum-security facility
- Program info
- Serious disciplinary offences
- Offender’s removal from Canada before WED
- Transfer to Prov. Custody
- Custody status
- Date of hearings
88
Victims Observing a PBC Hearing
any victim, their representative and supporters, or any member of the public may request to observe a hearing (must be over 18)
A request to observe a hearing form must be completed for security purposes, as hearings occur at the institution or parole office
A PBC Regional Communications Officer will escort the victim and their support person to the hearing
Travel funding is available
Statements are to be directed to the Parole Board
All statements are shared with the offender prior to the hearing
89
Victim Statements
- nature and extent of harm suffered by victim
* physical, emotional, financial
- continuing impact of the offence
- risk the offender may pose of reoffending if release
- safety concerns if the victim/family/community
- requests for special conditions
90
PBC Decision Registry
- any member of the public can access PBC decisions by written request
- contains the decision and rationale
- excluded decisions
* PBC administrative decisions: adjournments, postponements
