CRI210 Midterm Review - Criminal Justice Past Paper

[CRI210 MIDTERM REVIEW] B1. Please identify two potential benefits and two potential limitations of the adversarial system of criminal justice. **Benefits Clear distinction of roles and responsibilities, system is designed to hear both sides and decision is made by an impartial judge** **Limitati...

[CRI210 MIDTERM REVIEW] B1. Please identify two potential benefits and two potential limitations of the adversarial system of criminal justice. **Benefits Clear distinction of roles and responsibilities, system is designed to hear both sides and decision is made by an impartial judge** **Limitations Trials are long and expensive; some evidence has the potential to be excluded if the judge feels it violates the Charter of Rights and freedoms** B2. In lecture and in the textbook, we discussed various models of justice. Please identify one goal associated with\ the Crime Control Model, one goal associated with the Due Process Model, one goal associated with the Medical\ (Rehabilitation) Model and one goal associated with the Bureaucratic Model. **Crime Control Model Deter crime & punish criminals, protect citizens and ensure public safety** **Due Process Model Uphold the rights of those who have been accused of a crime, limit bias and discretion** **Rehabilitation Model Emphasizes that punishment needs to be flexible and based on the offender, seeks to reduce the amount of re-offending by reintegrating offenders into society** **Bureaucratic Model Ensures the standardization of procedures to ensure uniformity and efficiency, it also aims to reduce discretion by ensuring that alike cases are treated similar** B3. According to the Goff text, there are major differences between European and Aboriginal approaches to justice.\ Please identify four of these differences. **Concept of Justice The European approach sees justice as punitive, focused on assigning blame, while the Aboriginal system is non-punitive, focusing on reconciliation and harmony restoration** **Community Roles The European approach is administered by a formal authority such as courts and police, while the Aboriginal approach centers the community in the justice process** **Focus on Relationships The European model isolates offenders from society, while the Aboriginal model focuses on relationships, and offenses are seen as community disruptions** **Process and Decisions Making The European approach uses the adversarial system, while the Aboriginal approach is consensus-based** B4. Chapter Three in the Goff text discusses the issue of Restorative Justice. According to this discussion, what is the\ difference between disintegrative shaming and integrative shaming? **Disintegrative Shaming Focuses on stigmatizing and excluding an offender from society** **Integrative Shaming Focuses on reintegrating offenders into the community by holding them accountable for their actions** B5. What is the difference between the functionalist perspective of the criminal justice system and the conflict\ perspective? **Functionalist Perspective Sees the law as a direct reflection of the unanimous norms and values of a society, it emphasizes that authorities are unbiased and serve justice fairly and impartially** **Conflict Perspective Emphasizes that the law works in favour of the powerful by controlling the powerless, it says that law insiders are often biased and use discretion** B6. Please identify two conservative and two liberal strategies for increasing the effectiveness of the police. **Conservative Reducing the amount of civilian rights for accused individuals, increasing police numbers, and using more technological methods** **Liberal Legalizing "vice" crimes, such as drug use, changing the police subculture and improving the public relationships with police** B7. Please identify four major police functions or roles. **Responding to mental health emergencies, foot and motorized vehicle patrol, criminal investigation, and conflict resolution** B8. The text identifies six major characteristics of the Professional Model of Policing. Please describe four of these\ characteristics. **Centralization of Police Authority The police force is hierarchal, and decision-making flows from the top-down** **Reactive, incident based policing The primary mission of police is to prevent and control crime** **Implementation of Special Units Crime focused units---such as homicide and robbery---are introduced** **Professionalization of Officers Officers are recruited through psychological testing and civil services**\ B9. What is the difference between "policing" and the "police"? **Policing The act of maintaining social cohesion and normalcy** **Police Individuals who are given government permission to use force in order to maintain social order** B10. Please identify two characteristics of the police "working personality" and explain whether this type of personality is the result of selection or socialization/causation factors. **Authoritarianism Officers develop a strong sense of authority and control** **Cynicism Officers frequently encounter dishonesty, crime, and human suffering, which can lead to a cynical outlook on society** **Loyalty Officers often develop a strong sense of loyalty to their colleagues and the police force as a whole, which can create an "us vs. them" mentality** **While this attitude is influenced both by selection and socialization factors, socialization plays a more significant role as the police subculture plays a major role in shaping the behaviours and attitudes of police officers** B11. According to research on police operational styles (discussed in the Goff text), what is the difference between\ police officers who adopt a "Social Agent" role and those who think of themselves as "Crime Fighters." **Social Agent Sees the need for police officers to be involved in activities that are not always involved with law enforcement. Protects community members and condemning "outsider" criminals** **The Watchman Involves the restoration of situations to normalcy without necessarily necessitating arrests** **The Law Enforcer Police enforce all laws to the limit of their authority. All suspects are arrested and charged if enough evidence is found** **The Crime Fighter Focus entirely on serious criminals, opposes to any sort of social function of police** B12. Please describe the four main components of the "Broken Windows" Policing Model. **Incivilities foster fear of crime When citizens see incivilities, such as broken windows or graffiti, they tend to be more fearful of crime occurring** **Incivilities attract criminals Physical incivilities attract individuals looking to commit crime** **Serious Criminals Move In When an area looks to be crime-prone, serious criminals see this as an opportunity** **Police needs cooperation Officers and police forces need the community to cooperate by keeping areas civil and reporting offences** B13. Please identify four factors that may contribute to or cause police corruption. **Police Stressors (internal & external)** **Toxic police subculture** **Lack of pay and benefits** **Exposure to criminality, which can cause temptation** B14. In class we discussed major factors that may influence police discretion. Please identify two of these factors. **Sex, age, socioeconomic class, race, and other personal factors of the offender OR officer** **Mitigating/aggravating factors that can influence law enforcement techniques** B15. According to the Goff textbook, when the police detain and arrest a person they must read or inform the suspect of four things. Please identify two of these four things. **Notice of an arrest** **Right to a counsel** **Right to free and immediate legal advice** **The right to remain silent** B16. The Goff Textbook discusses the legal requirements of police search warrants. With reference to search warrants, please describe what is meant by "The Reasonableness Test" and "Particularity." **The Reasonableness Test Ensures that any search or seizure conducted under a warrant is justified, and requires that the search be authorized by the aw** **Particularity Refers to the requirement that a search warrant must specify in detail what is being searched for and where it will take place** B17. Please describe two conditions under which the police can legally conduct warrantless searches. **Consent Searches If an individual agrees to be searched without a warrant, the police may conduct a search** **Fear of Safety If the police believes on reasonable grounds the suspect is carrying weapons or something to harm an officer, they may be searched** B18. Please describe four ways that community policing -- at least in theory -- differs from traditional policing practices. **Goals Community policing addresses the root causes of crime and disorder instead of law enforcement** **Relationship with the Community With community policing, the police will actively engage with community members to build partnerships instead of using a reactive and detached manner** **Structure While traditional policing is hierarchal, community policing essentially sees everyone on a level playing field** **Approach to Disorder Instead of simply responding to incidents as they happen, community policing focuses on developing long-term solutions to problems** B19. Please identify four major obstacles to the implementation of community policing programs. **Trouble defining "community"** **Issues with community participation** **Issues with police participation** **Difficulty with evaluations and measuring success** B20. Please identify four major problems or issues associated with pre-trial detention in Canada. **In Manitoba, it was found that Indigenous peoples were more likely to be held in remand and denied bail, and were in remand longer than non-Indigenous peoples** **In Ontario, research found that Black peoples were more likely to be held in pre-trial detention in comparison to non-Blacks** **Pre-trial detainees make up a large portion of incarcerated people in Canada, causing overpopulation in remand** **Pre-trial detention has the potential to influence the plea that an accused will make at their trial** B21. Three factors can be used to justify pre-trial detention in Canada. Please identify two of these three justifications. **Ensuring Court Attendance If the court feels the accused is at risk of fleeing (not attending trial)** **Protecting Civilians If the court feels an accused is at risk of further harming community members** B22. Please identify four strategies that might improve police accountability and reduce police corruption. **Recording police encounters** **Civilian review boards** **More internal reviews of police behaviour** **Giving police better pay and benefits** B23. Please describe four major problems or issues associated with private policing. **Growth Industry Because more and more people are using private policing, it could create obstacles in the access to policing for those with lower socioeconomic backgrounds** **Limited Training and Standards Private police and security often receive less training than standard** **Unequal Access to Services Typically only available to those who can afford the services** **Lack of Accountability Private police or security are not subject to the same level of oversight as public police officers, which can lead to abuses of power** B24. What is the Restraint Principle? Do Canadians support restraint or not? Explain your answer. **The restraint principle emphasizes that imprisonment should be used as a last resort. Public opinion on this principle is mixed, but many Canadians support the use of alternative measures for non-violent offenders, particularly for first time or low-risk offenders.** B25. According to the Supreme Court of Canada, four factors must be considered when determining whether an "unreasonable delay" has occurred with respect to hearing a criminal case. Please identify two of these factors. **Length of Delay The total time from the charge to the actual end of the trial** **Reasons for the Delay Court examines the causes of the delay and assigns responsibility for it** **Prejudice to the Accused Court assesses whether the delay caused prejudice to the accused, such as legal or personal prejudice** **Defense efforts to avoid delay If the accused contributed to the delay, this may weigh against a finding of unreasonable delay** B26. Under what conditions can an accused person in Canada select a trial by jury? **If the offence is an indictable offense with a maximum penalty of five or more years of imprisonment** **If the accused formally elects a jury trial** **If the case is not excluded from jury trials (i.e., summary convictions)** B27. What is the difference between substantive law and procedural law? **Substantive Concerned with the "correctness" of trial outcomes** **Procedural Concerned with the justness and fairness of court and law proceedings** B28. Identify two ways that the current remand or bail system may be biased against people from lower class backgrounds. **Bails are often at high price points, which makes it so lower class individuals are unable to pay bail** **Some accused persons will have a surety who takes responsibility through payment to ensure the appearance of the accused in court -- many people from low socioeconomic backgrounds cannot afford a surety** B29. What is case attrition within the Canadian criminal justice system? What causes it? **Case attrition describes how criminal cases decrease as they move through the criminal justice system. This is because some cases aren't reported to police, some cases are not brought to court, some accused persons are not sentenced, among other reasons.** B30. What is the defence of provocation within Canadian criminal law? **The defence of provocation is a mitigating factor that can bring a murder charge to a manslaughter charge if the accused can prove they acted in the heat of the moment/were provoked by a victim.** B31. During sentencing, why have many Canadian judges given convicted persons "credit" for time served in pre-trial custody? Why has the practice of giving credit been challenged by the courts and lawmakers? **Many judges give convicted persons credit for pre-trial custody in the attempt to uphold fairness, and the recognition of harsh conditions within pre-trial custody. This practice has been criticized by courts and lawmakers as they feel it has an impact on public safety. If individuals are given "credit" for pre-trial detention, this lowers the amount of time they will serve for their actual sentence** B32. Please describe two of the three types of criminal court that exist in Canada. **Lower Courts Seen by a judge with no jury, sees summary convictions has some specialized courts, such as traffic courts** **Higher courts Sees serious criminal cases, has either a judge with a jury or a judge with no jury, and has many specialized courts (family violence, drug courts, etc...)** B33. Both the Crown prosecutor and defence can appeal court outcomes in Canada. How do the appeal rights of the defence differ from the appeal rights of the Crown? In other words, can the defence make different types of appeals than the Crown? **Defence appeals The defence can appeal a sentence, or a conviction if there is an issue with a point of law, or a point of fact** **Crown Appeal The prosecution may appeal an acquittal or a sentence on issues involving a point of law, but not a point of fact**\ B34. Briefly describe the difference between the 'Judicare" and "Staff System Model" of legal aid. Please describe one benefit of each model. **Judicare Legal aid services are provided by private lawyers who are paid by the government or a legal aid organization to represent eligible clients. It is beneficial as clients have the choice to select a lawyer they feel comfortable with** **Staff System Model Legal aid services are provided by salaried lawyers, these lawyers can handle a high volume of cases, which reduces administrative costs.** B35. What is the difference between a preliminary hearing and a fitness hearing? **Preliminary Hearing Purpose is to determine whether there is sufficient evidence to proceed to trial in criminal cases** **Fitness hearing Held to determine whether the accused is mentally fit to stand trial** BONUS QUESTIONS: Worth Two Marks Each\ B36. Please identify four characteristics of the police subculture.\ B37. Please identify two benefits of police motor vehicle patrols and two limitations.