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Questions and Answers
What is a significant risk faced by individuals from specific ethnic, racial, cultural, religious, or sexual orientation groups?
What contributes to the public's perception of crime and the criminal justice system?
How has the role of policing changed in contemporary society?
What is a critical aspect of police work in a democratic society?
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What is a common misconception among Canadians regarding crime?
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What is the primary purpose of substantive law?
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Which of the following is an example of procedural law?
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What does the principle of the rule of law emphasize?
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Which document guarantees fundamental freedoms and legal rights for Canadian citizens?
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How is the Criminal Code of Canada described in relation to societal changes?
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What is a key component of a system as defined in the content?
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Which factor influences whether a behavior is categorized as a crime?
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What should be true for laws according to the rule of law?
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What does the structural component of the criminal justice system primarily refer to?
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How does discretion impact the criminal justice system?
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What is referred to as the task environment of the criminal justice system?
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Which factor does NOT play a role in assessing the effectiveness of the criminal justice system?
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What condition is necessary for the law to effectively serve as a deterrent?
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Which aspect is included in the cultural component of the criminal justice system?
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Which is NOT a reason for assessing the public confidence in the criminal justice system?
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What does discretion involve in the context of criminal justice personnel's decision-making?
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What is a primary focus of restorative justice?
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Which factor contributes to the ineffectiveness of criminal law and the criminal justice system as a deterrent?
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What does racial profiling rely on?
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How does discrimination differ from prejudice?
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What does the term 'multiculturalism' signify in the context of Canadian society?
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Which statement accurately describes the socio-economic status of Indigenous persons in Canada?
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What type of initiative is NOT considered part of restorative justice?
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Which issue reflects the existence of racism and discrimination within the criminal justice system in Canada?
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What is generally required for a lawful search conducted by police?
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Under what circumstances can police search without a warrant?
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What must police officers do before questioning a crime suspect?
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In which situation can police arrest without a warrant?
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What is the police's limitation regarding suspect confessions?
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What standard are police officers held to regarding conduct?
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Which of the following is an exception under the Anti-Terrorism Act for arrests?
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What can result from police officers violating policies or procedures?
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Study Notes
Discrimination and Victimization
- People of various ethnic, racial, cultural, religious, and sexual orientation groups can face prejudice, discrimination, and victimization.
- Examples include persons with various sexual orientations, Black people and Muslims.
Public Confidence and Trust
- The criminal justice system requires public confidence and trust to be effective.
- Research suggests that Canadians have a moderate level of confidence in the criminal law and the criminal justice system.
- Most Canadians have little understanding of the criminal justice system and how it works.
- Canadians tend to overestimate the amount of crime and levels of violent crime.
Policing
- The definition of policing: the activities of individuals or organizations acting legally on behalf of the public, private organizations or people to maintain security or social order.
- Pluralization of policing: the public police no longer have a monopoly on policing.
- Private security and other organizations play an increasingly significant role in policing.
Police Work in a Democratic Society
- Police have a direct impact on individual rights and freedoms due to their legal powers.
- Police must be free from government interference and influence.
- Substantive law sets out the rights and obligations of individuals in society. Examples of substantive law regulating criminal behavior include the Criminal Code, the Controlled Drugs and Substances Act, the Youth Criminal Justice Act, and the Canadian Environmental Protection Act.
- Procedural laws protect and enforce the rights outlined in substantive law. Examples include bail.
The Rule of Law
- The rule of law requires governments and individuals to be subjected to and abide by the law.
- No one is above the law.
- All individuals are bound by the law and entitled to protection under the law.
- Laws should be observed and enforced equally.
- Laws must be clear, publicized, and stable.
- Justice is delivered in a timely manner by competent, ethical, independent, well-resourced, and neutral representatives.
- Criminal justice officials are held accountable to a standard.
The Canadian Charter of Rights and Freedoms
- Guarantees fundamental freedoms, legal rights, and equality rights for all Canadian citizens.
- This includes those accused of crimes, subject to reasonable limits prescribed by law demonstrably justified in a free and democratic society.
Criminal Code of Canada
- Sets out Canadian criminal law, procedures for prosecuting federal offenses, and sentences.
- It is a “living” document, revised frequently since 1892 to reflect changes in Canadian society.
The Ever-Changing Criminal Code
- Public attitudes toward specific activities can change over time.
- Whether a behaviour is considered criminal is not determined by the behaviour itself, but by societal response to the behaviour or the individuals or groups participating in it.
What is a System?
- A complex set of components, directly or indirectly connected in a casual network.
- Each component is related to at least one other in a stable way.
- Interdependency dynamic and symbiosis involve how the system works in theory and practice.
- Structural Component: The physical appearance of the system, including diagrams or flowcharts. This component defines the formal functions of the system.
- Cultural Component: The actual behavior of the system and its participants, including the values, beliefs, and ideals held by system actors.
Role of Discretion in the CJS
- Discretion provides the freedom to choose between options when making a decision.
- Criminal justice personnel are influenced by many factors when making discretionary decisions, including the task environment.
- Inconsistencies in law application, court processes, and decisions made by police officers, judges, and correctional authorities can arise due to discretion.
Task Environments
- Refers to the cultural, geographic, and community setting in which the criminal justice system operates, influencing decision-making by criminal justice personnel.
Is the CJS Effective?
- Multiple factors assess the CJS's effectiveness, including:
- The system's ability to deter and respond to crime.
- The system's success in addressing the needs of those who conflict with the law while managing their potential risks to the community.
- The system's ability to address the needs of victims and their families.
- The system's adherence to the rule of law, the Charter of Rights and Freedoms, and its fairness in treating individuals under the law.
- Public confidence and trust in the system.
Deterrent Effects of the CJS
- A critical question is whether the law and the CJS act as a deterrent.
- Studies suggest that the law can deter crime under specific conditions:
- The severity of sanctions.
- Certainty of sanctions.
- Swift application of sanctions upon crime commission.
- The rationality of the individual.
- For those intent on committing crimes, the CJS is unlikely to offer much deterrence due to the lack of certainty and swiftness in punishment.
Restorative Justice
- Provides an alternative framework for responding to criminal offenders.
- Emphasizes that criminal behaviour injures victims, communities, and offenders.
- Focuses on addressing and resolving the problems created by criminal behaviour through engaging all parties involved.
- Includes victim-offender mediation, circle sentencing, community holistic healing programs, and family group conferences.
Multiculturalism and Diversity
- Canada is a diverse and multicultural society.
- However, racism, discrimination, and inequality persist in Canadian society and within the criminal justice system.
Key Terms: Racism, Prejudice, and Discrimination
- Prejudice: unsubstantiated, negative pre-judgment of individuals or groups, often based on ethnicity, religion, or race.
- Discrimination: actions or decisions that treat individuals or groups negatively.
Racial Profiling
- Actions undertaken for reasons of safety, security, or public protection that rely on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than reasonable suspicion.
- This results in individuals being targeted for greater scrutiny or different treatment.
Experiences of Indigenous Persons
- Many indigenous people live on the margins of Canadian society.
- This is reflected in:
- Widespread poverty.
- Low levels of formal education, with over half failing to graduate from high school.
- Unemployment rates among Indigenous persons are twice that of non-Indigenous persons.
- Indigenous persons experience worse health and well-being outcomes than non-Indigenous populations.
- They are disproportionately represented as both victims and offenders at all stages of the criminal justice system.
Search and Seizure
- Generally, a search warrant is required for a police search to be lawful.
- An information must be sworn under oath before a Justice of the Peace to demonstrate reasonable and probable grounds that evidence exists in a building or place.
- A search without a warrant is typically illegal, with two exceptions:
- During arrest, the officer may search the person and immediate surroundings for self-protection, to prevent evidence destruction, or to prevent escape.
- In an emergency where the officer believes an offense is being committed or is likely to be, or that someone in the premises is in danger, the officer may enter the premise.
Power to Detain and Arrest
- Police officers can arrest suspects without a warrant when:
- They are caught committing a crime.
- They believe a person has committed an indictable offense.
- They believe a person is about to commit an indictable offense.
- The Anti-Terrorism Act allows for arrest based on suspicion rather than reasonable grounds.
Right of Suspects to Remain Silent
- Under Canadian law, police have no formal power to compel suspects to answer questions.
- Suspects have the right to remain silent, and police officers must inform them of this right.
- Suspects must be advised that any statements they make may be used against them in a criminal trial.
- Courts view police trickery used to obtain confessions unfavorably. For example, using an undercover officer placed in a cell to encourage incriminating statements from a suspect.
Police Misconduct
- Police officers are held to a higher standard of conduct than ordinary citizens.
- They may be held liable for violating their police service's policies and procedures, as well as facing civil and criminal liability for their actions.
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Description
This quiz explores the concepts of discrimination, victimization, and public confidence in the Canadian criminal justice system. It delves into issues affecting various groups and the dynamics of policing. Test your knowledge on these critical social topics.
