Introduction Flashcards Preview

Soci 327 midterm 1 > Introduction > Flashcards

Flashcards in Introduction Deck (48):
1

Major agencies

Police
Courts
Correctional system

2

Police

Collect evidence

3

Courts

Ability to decide if certain evidence should be included in the

4

Correctional system

Experiences they have in the system determine if they will be a repeat offender

5

3 definitions of crime

Legal
Social
Constructionist

6

Legal definitions of crime

1. Occur when the law is broken
2. Takes place when a person has been deemed guilty of a crime and punished accordingly


-Not everyone who violates the law is caught and punished
-Many acts are not prosecuted
-No analysis on why some acts are dealt with formally or informally

7

Constructionist definition of crime

Result of social interaction

A negotiated process among the police and crown prosecutors

8

Social definition of crime

Violation of social norms

Sutherland - Cause injury and harm (it should be controlled)

9

Negotiated process

Reiman and leighton: class and racial bias in the administration of crime
(Urban makes, visible minorities, people of color)

91% of all Americans engage in crime

10

What is the Criminal justice system

Abstract and contentious

1.guilt, innocence, and the sentence should be administered fairly with evidence

2. Punishment should fit the crime

3. Like cases should be treated alike and different cases differently

11

Purpose of CJS

1. Control crime
2. Prevent crime
3. Maintain justice (fairness)

Effective controls = prevention

12

Anatole France

Neo Marxist

"The law in its magnetic equality, forbids the rich and the poor alike to sleep under bridges, beg in the streets, and to steal bread"

13

Bias discrimination

A. Systemic
B. Institutionalized
C. Contextual
D. Individual

14

Systemic discrimination

All areas of the system
(First Nations)

15

Institutionalized discrimination

No intent

Ex: court providing bail to some but not others

16

Contextual discrimination

Situational/organizational

Ex: Police give it more warning, depends on department

17

Individual discrimination

Officer arrests members of a group for offences that he or she only issues warnings for others

18

Bias - disparity

-Disparity refers to difference
-the judge may legitimately after the sentence based on the seriousness of the offence and arrest record
-illegitimate factors = race and gender

19

Substantial justice

Accuracy or correctness of a court verdict

20

Procedural justice

Fair procedures before arriving at a verdict in a court case

-doesn't mater what the outcome is, but if the proper procedures were made to arrive at a verdict

21

The adversarial system

-prosecutor and defendant hope to win
-prosecutor is concerned with justice
-trial is heard by an important fact finder (judge)

22

The police works at what levels?

Municipal - most police work here
Provincial
Federal

23

The courts -lowest to highest

Provincial- superior - supreme

24

Provincial courts

Deal with less serious crown time in provincial courts = assembly line justice (rushed, not carefully looked at)

25

Corrections

Territorial and provincial governments are responsible for non-custodial sentences and sentences under 2 years

Federal is responsible for sentence over 2 years

26

Processing cases

Pretrial-trial-sentencing-incarceration

27

Pre -trial

-police laying a warrant signed by a judge

-provide the accused with an appearance notice

-the accused may be detained, released on bail or remain in custody

-fitness hearings ensure they understand

28

Trial

-during an arraignment the accused heats the charges and enters a plea

-preliminary inquiry; the court determines whether there is sufficient evidence to go to trial

-indictable offences the accused can choose to be tried by a judge and jury or a jury alone

29

Sentencing

If found guilty the judge has some discretion regarding sentencing

An absolute/conditional can be used as well as probation, incarceration, or suspended sentence

Judges decision may be impacted by the history of the accused and any mitigating circumstances (self defence)

30

Incarceration

Offenders may be incarcerated in provincial or federal institutions

Most offenders in Canada do not serve their full sentence rather they frequently recurve parole or statutory release

31

Identify an example of illegitimate disparity in the CJS

Race or gender

32

Four general stages of the CJS

Pretrial
Trial
Sentencing
Incarceration

33

Which courts are characterized by assembly line justice

Provincial courts

34

The CJS funnel

Fewer cases Reach the next level screening point

Discretion at each stage

35

Discretion-victims

May not report crimes

1. Too minor
2. Police could not do anything
3. Inconvenience
4. Nothing taken

Too personal
Deal with it a different way

36

Discretion-police

May not choose to lay charges
May find cases unfounded
Too minor
Half were not processed to the next stage (vandalism)

37

Discretion- bail hearings

Those denied bail are much less likely to be acquitted and more likely to be found guilty

More likely to have longer prison sentences of denied bail

38

Discretion- prosecution

The time between laying of arrest and when the prosecution decides to proceed generates the greatest amount of contrition

Charges are often stayed because
1. Quality of the evidence
2. Victim may not wish to testify
3. Police sometimes strike deals with the accused

39

Discretion- sentencing

Extra legal factors such as the characteristics of the accused, affect sentencing decisions

FN are more likely to be sent to prison

40

Herbert packer models

Crime control model
Due process model

41

Crime control model

Emphasis on the control and suppression of criminal activity

Speed, efficiency, and incarceration

Get tough on crime

Operates like an assembly line

42

Due process model

Priorities the rights of the suspect

Protect the rights in each stage

Essential that innocent people are not convicted

Emphasizes the rule of law and the protection of the accused

Goal = not to reduce crime but to see that justice is done

43

5 sources of discretion

Victims
Police
Bail hearings
Prosecution
Sentencing

44

Black letter approach

No act can be considered criminal until a rep has established guilt and punishment

45

Normative approach

Discovering the truth , rule of law. Protecting the legal rights of individuals, access to justice and guaranteeing fairness and equality

46

Informal Justice

The creation of alternatives to the traditional Crimea justice system

47

Bargain justice

Where the accused is encouraged to plead guilty in return for a reduced sentence or charges

48

Discretion

The ability of an individual or organization within our CJS to make alternative courses of action beyond the formal rules and procedures


Ex: disparity and discrimination