two reasons for growth in american gangs
youth gang incentives
initially attracted to gang life because of the protection it provides from an unsafe and intimidating neighbourhood
law-and-order platform
supports a strict criminal justice system
the threat of certain punishment will deter people from engaging in criminal behaviour
tough-on-crime approach
it requires a criminal justice system where all components are strict and punitive (aka mandatory minimums, longer sentences and zero tolerance policing)
policing in canada
federal
provincial
municipal
first nations
racial profiling
members of the police systematically target members of racial groups on the basis of a perceived criminal proclivity of the whole group
criminal profiling
Satzewich and Saffir
argue that police view profiling as necessary for efficient and professional policing but insist on calling it criminal profiling
indigenous people in canada
indigenous people have experienced social exclusion from the early days of colonization
while only 3% of the population. is Indigenous, and they make up between 1/5 and 1/4 of the prison population.
homeless youth
any youth whom the street their habitual abode or source of livelihood, and who is inadequately protected, supervised, or directed by responsible adults
homeless youths’ illegal activities have more to do with the youths’ current adverse situations than with their disadvantaged backgrounds
the youth criminal justice act (YCJA)
introduced in 2003
extra-judicial measures: youth are diverted away from the criminal justice system
police can issue the youth a warning, charge them, or invoke an extra-judicial measure
quasi crimes
crimes must fit within a criminal statute
- a regulatory or welfare offence that resemble criminal offenses but are not formally classifed as such
actus reus
an illegal action or omission is always a criminal or quasi-criminal offence
three types of offences
hydrid offences
prosecutors have discretion to treat some charges as summary or indictable
- prosecutor will enter choice of conviction before accused is asked to enter plea
arrest powers
S. 9 of the charter protects public from arbitrary arrest
The criminal code provides legal justifications for arrest
arraignment process
first appearance in court to face criminal charge(s) is called an arraignment
An arraignment involves reading the information, which outlines allegations
Individuals facing indictable charges must appear personally at the arraignment
videos as compelling evidence
video evidence is increasingly common, and especially so in trials concerning the excessive use of force by law enforcement