Criminal Law: Chapter 1 Review

Chapter 1 Review Notes

• Critical thinking involves distinguishing between fact and opinion, considering multiple viewpoints, and being open-minded when examining an issue.
• A crime occurs when a person commits an act or fails to do so (actus reus), possesses the intent to commit the act (mens rea), lacks a legal defense or justification, and violates criminal law.
• The common law system operates on custom, tradition, and practice, generally remaining unwritten.
• Statute law consists of written laws enacted by a legislative body.
• Case law emerges from laws established by previous court decisions, relying on precedent.
• Criminal law addresses conduct deemed harmful enough to society, prohibited by statute, and prosecuted and punished by the government.
• Functions of criminal law include acting as a mechanism for social control, maintaining order, defining acceptable behavior, prosecuting criminalized behavior, reducing personal retaliation risks, assisting deterrence, and protecting group interests.
• Key principles include:
  • "actus non facit reum nisi mens sit rea": an act doesn't make someone guilty unless they have a guilty mind.
  • "nullum crimen sine lege, nulla poena sine lege": no crime or punishment exists without a law.
  • "ignorantia juris non excusat": ignorance of the law isn't an excuse.
  • "nemo tenetur seipsum accusare": no one is compelled to self-incriminate.
  • "nemo debet bis vexari pro eadem causa": no one should be troubled twice by the same cause.
• The Canadian Charter of Rights and Freedoms serves as the primary law, guaranteeing fundamental freedoms, legal/equality rights for Canadians, and ensures protection/fairness during legal proceedings.
• All parts of the Criminal Justice System (CJS) must operate without violating the Charter.
• The Criminal Code of Canada sets out criminal laws, procedures for prosecuting federal offenses, sentences, and procedures for justice administration; it establishes a uniform system and is revised frequently.

Chapter 2 Review Notes

• The Criminal Justice System (CJS) includes agencies, organizations, and personnel focused on preventing/responding to crime, handling the accused, and dealing with convicts.
• The CJS aims to prevent/respond to criminal behavior while respecting victims and offenders' rights, ensuring justice, and securing communities.
• Roles and Responsibilities:
  • Federal: Determines criminal offenses and is responsible for the Criminal Code.
  • Provincial/Territorial: Administers the justice system and enforces laws.
• Crime control model prioritizes community protection and offender apprehension.
• The due process model prioritizes the legal rights of all citizens, such as criminal suspects.
• The Canadian CJS operates as an adversarial system, where opposing sides argue a person's guilt or innocence.
• The prosecution must prove guilt beyond a reasonable doubt, based on reason and common sense.
• The accused remains innocent until proven guilty, with the Crown responsible for proving guilt beyond a reasonable doubt, and decisions made on evidence.
• Discretion in the CJS enables personnel to respond to various situations, acknowledging not all responses are universally fitting, and relies on informed judgment.
• Task environment influences types of crime and decision-making options.
• The CJS encounters ethical concerns, using ethics due to decisions being rooted in judgment, experience, intuition.
• Accountability requires all personnel to adhere to the rule of law, and be liable to their organization or the public.
  • Police officers have internal and external accountability.
  • Crown counsel and probation officers have internal reviews only.
  • Defense lawyers face review/sanction.
  • Judges' accountability varies by type, with review, sanctions, or inquiries.
• Public trust and confidence are vital for the CJS's efficacy.
  • Canadians possess moderate confidence.
  • Distrust is high within racialized groups.
• Public perception of legitimacy strengthens confidence, but over-reliance carries negative consequences.
• News media often serve as the primary source of information, but may oversimplify issues, bias stories towards sensational crimes, and lead the public to generalize from specific events.
• Politics significantly affects crime legislation, and politician reactions can undermine public confidence.
• Restorative justice provides an alternative to the adversarial system, focusing on problem-solving, victim/offender needs, community involvement, and sanctions to prevent re-offending; it also seeks to address underlying causes of the behavior.

Chapter 3 Review Notes

• Equality means providing same opportunities, support, and resources to everyone.
• Equity acknowledges specific considerations and resources may be required.
• Canada witnessed a 27% increase in hate crimes reported to police from 2020-2021.
• Racialized persons refers to individuals who aren't Caucasian, non-white, and not Indigenous.
• Racialization is the social construction of races as real, different, and unequal.
• Racial profiling is any action that relies on stereotypes about race, color, ethnicity, ancestry, relation, or pace of origin.
• Crime statistics reflect women's experience:
  • 4/10 women have experienced intimate partner violence.
  • 77% of solved homicides by males were gender-related.
  • 21% had an Indigenous female involved.
• Indigenous peoples represent 4% of Canada's population, but comprise 27% of homicide victims.
• Truth and Reconciliation Commission Calls to Action include:
  • Eliminating overrepresentation of Indigenous people in custody.
  • Providing funding for community sanctions.
  • Allowing judges to depart from minimum sentences/restrictions.
  • Removing barriers to healing lodges.
  • Eliminating overrepresentation of youth in custody.
• LGBTQ2S+ persons may face prejudice, discrimination, and victimization.
• Police services may react slowly or selectively to complaints from LGBTQ2S+ persons, who are also less likely to report crimes.
• LGBTQ2S+ youth rates of substance abuse are higher than non-LGBTQ2S+ youth.
• One-third of Muslims experienced discrimination due to religion/ethnicity/culture.
• Islamophobia is especially rising in Quebec.
• Racism and discrimination against Black people has appeared throughout Canada's history.
  • 48% experience discrimination in public.
  • 40% have encounters with police.
• Black people are overrepresented in the Canadian CJS, as victims/survivors, accused, in convictions, and institutions, representing 8% of Ontario's population but account for 32% of criminals charged.

Chapter 4 Review Notes

• Policing includes legal activities by public or private forces maintaining security and order.
• The Principles of Sir Robert Peel state:
  1. The basic mission of the police is to prevent crime and disorder.
  2. The ability to perform their duties relies on public approval.
  3. Police must secure public cooperation in observing the law.
  4. Public cooperation diminishes with the necessity of physical force.
  5. Police maintain public favor by demonstrating impartial service.
  6. Physical force is used only when necessary after persuasion.
  7. Police should reflect their communities.
  8. Actions should be directed toward functions.
  9. Efficiency is measured by the absence of crime.
• Before the 1600s, laws were informally enforced.
• Two perspectives exist on police roles:
  • Social Contract views police as politically neutral, enforcing laws and protecting citizens.
  • Radical perspective views police as instruments of government, suppressing dissent and maintaining the status quo.
• The Defund the Police Movement proposes reallocating funds from police to community safety initiatives.
• Police ranks include Constable, Detective, Sergeant, Staff Sergeant, Inspector, Superintendent, Deputy Inspector, and Chief Constable.
• Units include Operational Patrol, Investigative, Support Services, Administrative, Human Resources, Research and Planning, K9, Mental Health Team, Media, and Traffic.
• Contemporary policing structures involve federal, provincial, Indigenous, and municipal forces.
• Provinces with Provincial Police Services: Ontario, Quebec, and Newfoundland.
• Municipal police operate within city boundaries, enforcing by-laws and Criminal Code offenses.
• Police responsibilities include:
  • Mandated: tasks assigned by legislation, police acts, and regulations.
  • Assumed: non-law enforcement tasks, such as mental health work or outreach.
  • Core policing: community safety, and well-being.
• Police training includes in-house academies or combinations, with RCMP cadets undergoing training at the RCMP training depot, and municipal police recruits may be trained “in house”.
• Challenges involve shift work, fatigue, discrimination accusations, stress injuries like PTSD, toxic workplaces, and being an officer from marginalized groups.

Chapter 5 Review Notes

• Police can deprive freedom and use force, balancing authority and morality.
• The Charter defines the limits of police power, including:
  • Section 7: right to life, liberty, and security.
  • Section 8: no unreasonable search/seizure.
  • Section 9: protection from arbitrary detention.
  • Section 10: rights upon arrest or detention.
• Discretion is essential as laws cannot cover all situations.
• Principles of procedural policing to improve police-citizen interactions include respect, participation, neutrality, and trust.
• Bias-free policing decisions made on reasonable suspicion, while racial profiling relies on stereotypes.
• Authority for force comes from the Criminal Code, with officers using force:
  • Performing a required duty.
  • Acting on reasonable grounds.
  • Using necessary force.
  • Being responsible for excessive force.
• Excessive force can result in criminal or civil liability.
• Rare lethal force is enacted, with decisions made in a split second under difficult circumstances.
• The Force Options Framework includes:
  • Officer presence to alter behavior.
  • Dialogue for conflict resolution.
  • Empty hands for control.
  • Compliance tools.
  • Lethal force as a last resort.
• Many police calls involve individuals with mental illness (PWMI).
• Police powers involve search and seizure, and detention and arrest.
• Police misconduct is overseen by commissions and ranges from unprofessional behavior to murder, with sanctions from reprimands to resignation.
• Most complaints concern discreditable conduct, yet are unfounded.

Chapter 6 Review Notes

• Policing traditional performance measures include crime and clearance rates. Models of Policing:
  • Professional (3R’s): Random Patrol, Rapid Response, and Reactive Investigations.
  • Community (3P’s): Prevention, Problem-Solving, and Partnerships with the Community.
• Community-Based Strategic Policing involves community engagement and strategic police services.
• Crime Analysis:
  • Systematic approach to crime prevention based on data.
  • Intelligence-led policing and data analysis inform decision-making and criminal intelligence analysis.
• The Community:
  • Fractured relationships require healing.
  • Community engagement includes volunteer recruitment, foot patrols, and team policing.
  • Legitimacy is increased through presence, visibility, effectiveness, and responsiveness.
• Collaboration faces challenges, i.e. historical distrust among Indigenous communities.
• Strategies focuses on community-media programs; prevention focused on at-risk youth and collaboration.

Chapter 7 Review Notes

• Canadian criminal courts determine guilt/innocence, impose sentences, protect the rights of the accused, and balance safety; judicial independence is essential.
• Four levels of courts exist: provincial/territorial superior courts, provincial/territorial courts, provincial appellate courts, and the Supreme Court of Canada (SCC).
• Ontario's court system includes the Ontario Court of Justice and the Superior Court of Justice.
• The Provincial Court System has two levels: provincial/territorial and superior.
• Problem-solving courts divert offenders from the CJS.
• Indigenous courts operate as provincial courts with alternative sentencing for restitution, collaboration, consensus, and victims of harm.
• Provincial/Territorial Circuit Courts:
  • Includes a travelling court.
  • Used in northern and remote areas.
  • Often with long case backlogs.
• Provincial/Territorial Superior Courts:
  • Highest level in the province/territory.
  • Two levels: trial and appeal.
  • Decisions of lower courts are reviewed.
• The Supreme Court of Canada is the “court of last resort”.
  • Hears cases from all provinces and territories.
• Decisions are final.
• Courtroom Working Group: Judge, Justices of the Peace, Defence Lawyers, Duty Counsel, Crown Counsel, Clerks, and Sheriffs.
• Supreme Court Judges are appointed for life.
• The judiciary lacks diversity.
• Ethical standards include integrity, impartiality, objectivity.
• Challenges of Case Delay in Courts: Case backlogs and delays undermine administration.

Chapter 8 Review Notes

• Summary conviction offences are less serious, resolved in a provincial court.
• Indictable offences are more serious, tried by a judge/jury.
• Hybrid offences proceed summarily or by indictment, as decided by the crown.
• Preliminary hearing determines if evidence exists for a criminal trial.
• Electable offences provide the option of three trial modes: provincial/territorial, superior judge alone or with a jury.
• The pre-trial process starts with the Laying of INFORMATION from the police.
• Police and crown have discretion to lay a charge.
• Compelling the Appearance of the Accused occurs through an appearance notice, summons, or arrest.
• With a warrant, release happens soon.
• If a charge is indictable, a promise to appear is given.
• Judicial Interim Release (Bail) releases an individual charged with a criminal offence, overseeing by a JP or judge, with a case for detaining, with risk of bail.

Chapter 9 Review Notes

• Sentencing's purpose is to protect society, contributing to respect for the secure maintenance of a safe society, remaining just and appropriate
• Sentencing goals include utilitarian, retributive, and restorative.
• Sentencing options: Absolute/conditional discharge, suspended sentence, fine, intermittent sentence, probation, conditional sentence, imprisonment, concurrent or consecutive.
• The sentencing's judicial determination orders the defender's sentence.
• Sentencing: Indigenous peoples, communities of diversity, at-risk/vulnerable persons may face discrimination. Disparity: sentences may be given that are different.
• Mandatory minimum sentencing constrains judges.
• Certain victims should be considered when sentenced/impact statements are given.
• Restorative Approaches provide reparations and acknowledgment.

Chapter 10 Review Notes

• Offenders are given non-custodial sanctions.
• Noncarceral Corrections: community corrections that help divert from confinement with programs.
• Jails and correctional institutions are operated by the provinces/territories and the federal government.
• Designed to keep offenders programs reduce costs.
• Conditional sentences serve the community, as judges decide.
  • Offenders must fulfill orders.
• Probation is supervised by an officer; it can be combined/discharged, and is mandatory/intermittent.

Chapter 11 Review Notes

• Early prison models were influenced by the Pennsylvania model from the U.S..

• The correctional system federal is CSC operated for facilities ranges.

• There are non-profit organizations.

• Minimum security has no perimeter fencing.

• There are no unrestricting move at night.

• Maximum security inmates is highly monitor. Highly controlled.

• The profile of incarceration includes:

  • Being young, single, and making under the average salary.
  • In provincial/territorial institutions -In the facilities, Indigenous people are mistreated with a number.

• Authority of Correctional Officers: enforces the rules, maintains relationships. Doing time for offenders, the institutions removes possessions.

• If fully imprisoned, they cannot cope.