Chapter 2: Understanding The Criminal Justice System PDF

Chapter 2 Understanding The Criminal Justice System Prepared by George P. Mason...

Chapter 2 Understanding The Criminal Justice System Prepared by George P. Mason University of Windsor Copyright © 2019 by Nelson Education Limited. 1  Chapter Learning Objectives Discuss the purpose of the criminal justice system. Discuss the roles and responsibilities of the federal government and provincial/territorial governments, as related to criminal justice. Compare and contrast the two models of criminal justice administration. Describe the flow of cases through the criminal justice system, including the criminal justice “funnel.” Copyright © 2019 by Nelson Education Limited. 2  Chapter Learning Objectives Discuss the role of discretion in the criminal justice system. Describe the task environments of the criminal justice system. Discuss the issue of ethics in criminal justice. Compare the levels of accountability of criminal justice system personnel. Copyright © 2019 by Nelson Education Limited. 3  Chapter Learning Objectives Discuss the factors that are associated with public confidence in the criminal justice system. Describe what is meant by the “politics of criminal justice.” Discuss the deterrent value of the criminal justice system. Describe the restorative justice approach as an alternative response to persons in conflict with the law. Copyright © 2019 by Nelson Education Limited. 4  The Criminal Justice System The CJS contains all of the agencies, organizations, and personnel that are involved in the prevention of, and response to, crime, including persons charged with criminal offences persons convicted of crimes criminal justice professionals volunteers who work in the criminal justice system Copyright © 2019 by Nelson Education Limited. 5  The Criminal Justice System The CJS includes crime prevention and crime reduction arrest and prosecution of suspects hearing of criminal cases by the courts sentencing and the administration and enforcement of court orders parole and other forms of conditional release supervision and assistance for ex-offenders released into the community Copyright © 2019 by Nelson Education Limited. 6  Purpose of the CJS There is no one commonly used statement of purpose of the criminal justice system, but one would include the notion of “justice” for all persons including victims, offenders and the community respecting the rights of victims and offenders ensuring the safety and security of communities Copyright © 2019 by Nelson Education Limited. 7 Class/Group Discussion Exercise 2.1 The Goals and Values of the Criminal Justice System The criminal justice system should 1. Promote respect for the law 1 2 3 4 5 6 7 2. Be timely 1 2 3 4 5 6 7 3. Consider the circumstances of those who are vulnerable and marginalized 1 2 3 4 5 6 7 4. Place as much focus on addressing underlying social factors 1 2 3 4 5 6 7 Copyright © 2019 by Nelson Education Limited. 8 Class/Group Discussion Exercise 2.1 The Goals and Values of the Criminal Justice System The criminal justice system should: 5. Reduce the chances of convicting an innocent person? 1 2 3 4 5 6 7 6. Prevent crime? 1 2 3 4 5 6 7 7. Treat everyone fairly? 1 2 3 4 5 6 7 8. Promote a sense of trust or confidence in the criminal justice system 1 2 3 4 5 6 7 Copyright © 2019 by Nelson Education Limited. 9 Class/Group Discussion Exercise 2.1 The Goals and Values of the Criminal Justice System The criminal justice system should 9. Provide information accounting for tax dollars spent 1 2 3 4 5 6 7 10. Be transparent or clear about rules and guidelines 1 2 3 4 5 6 7 Copyright © 2019 by Nelson Education Limited. 10 Class/Group Discussion Exercise 2.1 The Goals and Values of the Criminal Justice System Copyright © 2019 by Nelson Education Limited. 11  Role and Responsibility of Governments in the CJS Each level of government in Canada plays a role in the CJS. The division of responsibilities between the federal and provincial governments was spelled out in the Constitution Act, 1867. The federal government decides which behaviours constitute criminal offences. The provincial/territorial governments are responsible for law enforcement and for administering the justice system. Copyright © 2019 by Nelson Education Limited. 12  Criminal Justice Administration There are two competing perspectives on the value systems underlying the administration of criminal justice. 1. The crime control model An orientation to criminal justice in which the protection of the community and the apprehension of offenders are paramount Copyright © 2019 by Nelson Education Limited. 13  Criminal Justice Administration There are two competing perspectives on the value systems underlying the administration of criminal justice. 2. The due process model An orientation to criminal justice in which the legal rights of individual citizens, including crime suspects, are paramount Copyright © 2019 by Nelson Education Limited. 14 Criminal Justice Administration Copyright © 2019 by Nelson Education Limited. 15  An Adversarial System of Criminal Justice The Canadian criminal justice system is an adversarial system. In criminal cases, the defence lawyer and prosecutor present their cases before a neutral judge or a jury. The standard that must be met by the prosecution is proof beyond a reasonable doubt. Copyright © 2019 by Nelson Education Limited. 16  An Adversarial System of Criminal Justice Presumption Burden of Innocent or of Innocence Proof Guilty? An Crown Judge or accused is must prove jury will innocent guilt make until beyond a decisions proven reasonable on the guilty doubt evidence Copyright © 2019 by Nelson Education Limited. 17 Flow of Cases through the CJS Incident Police System Criminal Court System Corrections and Parole System Copyright © 2019 by Nelson Education Limited. 18 Flow of Cases through the CJS Copyright © 2019 by Nelson Education Limited. 19 Flow of Cases through the CJS Copyright © 2019 by Nelson Education Limited. 20 Flow of Cases through the CJS Copyright © 2019 by Nelson Education Limited. 21  Dynamics of Criminal Justice There are a number of different facets that can be examined in studying the operation of the criminal justice system. 1. The behaviour of criminal justice personnel, such as police officers 2. The activities of criminal justice organizations, such as correctional institutions services 3. The aggregate characteristics of the criminal justice system and its components in the context of larger societal issues, such as racism and inequality Copyright © 2019 by Nelson Education Limited. 22  Role of Discretion in the CJS The freedom to choose between different options when confronted with the need to make a decision. Criminal justice personnel respond to a wide variety of events in a wide variety of settings in conditions that often are not ideal, carry out tasks within the framework of written laws and policies but also exercise considerable discretion when making decisions, and are influenced by many factors when they make discretionary decisions. Copyright © 2019 by Nelson Education Limited. 23  Task Environments A task environment is the cultural, geographic, and community setting in which the criminal justice system operates and in which criminal justice personnel make decisions. Copyright © 2019 by Nelson Education Limited. 24  Ethics in Criminal Justice The foundation of knowledge that describes right/wrong or better/worse and applies to harm/care and fairness/reciprocity The focus on ethics highlights the presence of moral issues in the criminal justice system. The criminal justice system is first and foremost a human enterprise. Combined with the discretion that is given to criminal justice personnel, it is not surprising that ethical considerations are ever-present. Copyright © 2019 by Nelson Education Limited. 25 Accountability in the CJS Copyright © 2019 by Nelson Education Limited. 26  Public Confidence and Trust The criminal justice system requires that the public have confidence and trust in it to be effective. Research suggests that Canadians may have only a “moderate” level of confidence in the criminal law and that many persons have a general lack of trust in the system. Most Canadians have very little understanding of the criminal justice system and how it works. They also tend to overestimate the amount of crime and the levels of violent crime. Copyright © 2019 by Nelson Education Limited. 27  Media and Public Attitudes For most Canadians, news media stories are the primary source of information about the criminal justice system, although there are other sources, including personal experience, movies, and shows accessed on television or the Internet. These shows, however, may oversimplify complex issues of crime and criminal justice. They tend to be biased toward sensational crimes and to simplify crime and justice issues, and the public for its part tends to generalize from specific events. Copyright © 2019 by Nelson Education Limited. 28 Consequences of Unmet Expectations Copyright © 2019 by Nelson Education Limited. 29  Is the CJS Effective? There are many ways that the effectiveness of the criminal justice system can be assessed. Some of the ways include the following issues, which are addressed throughout the text: public confidence and trust in the system the ability of the system to prevent and respond to crime the extent to which the system addresses the needs of crime victims and their families whether the system is successful in addressing the needs of persons who come into conflict with the law, while at the same time managing the risk they may present to the community Copyright © 2019 by Nelson Education Limited. 30  Is the CJS Effective? There are many ways that the effectiveness of the criminal justice system can be assessed. Some of the ways include the following issues, which are addressed throughout the text: the effectiveness of specific policies and programs, as measured by evaluation studies adherence of the system to the rule of law and the Charter of Rights and Freedoms the extent to which the system treats all persons fairly under the law, without prejudice or discrimination Copyright © 2019 by Nelson Education Limited. 31  Deterrent Effects of the CJS Studies of the deterrent effect of the criminal law suggest that the law can serve as a deterrent only when certain conditions are present. 1. People must be aware that there are legal sanctions that will be applied if they engage in certain behaviours. 2. There must be certainty of punishment. 3. The sanction must be applied swiftly when a crime is committed. Copyright © 2019 by Nelson Education Limited. 32  Restorative Justice Restorative justice provides an alternative framework for responding to criminal offenders. It focuses on problem-solving, addressing the needs of victims and offenders, involving the community on a proactive basis, and fashioning sanctions that reduce the likelihood of reoffending. Copyright © 2019 by Nelson Education Limited. 33  Restorative Justice There are a number of entry points in the criminal justice system where restorative justice approaches can be used. Copyright © 2019 by Nelson Education Limited. 34 Restorative Justice Copyright © 2019 by Nelson Education Limited. 35 Restorative Justice Copyright © 2019 by Nelson Education Limited. 36  Summary The criminal justice system (CJS) contains all of the agencies, organizations and personnel that are involved in the prevention of, and response to, crime. There are two competing models of criminal justice administration: 1) due process and 2) crime control. The flow of cases through the justice system can be illustrated with a “funnel,” reflecting the fact that there is significant attrition in cases through the criminal justice process. Copyright © 2019 by Nelson Education Limited. 37  Summary The role of discretion, ethics and accountability are pervasive considerations within the CJS. CJS personnel work in various task environments that affect the challenges faced. There is variation in the oversight and accountability of criminal justice personnel. For most Canadians, the media is the primary source of information about the CJS. Restorative justice has a number of features that distinguishes it from the adversarial system. Copyright © 2019 by Nelson Education Limited. 38