CRIM 1100 Notes PDF

INTRO TO THE CRIMINAL JUSTICE SYSTEM Chapter 1: The Foundation of Criminal Justice - What constitutes crime? : An action that goes against the laws that the government has in place for society to function properly. Something that is in the criminal code. Crimes are harmful to people or society. -...

INTRO TO THE CRIMINAL JUSTICE SYSTEM Chapter 1: The Foundation of Criminal Justice - What constitutes crime? : An action that goes against the laws that the government has in place for society to function properly. Something that is in the criminal code. Crimes are harmful to people or society. - What is the Criminal Justice System? : Made of 3 components, Courts, Police, Corrections. It is a system that punishes or could potentially punish the illegal actions that both regular people or recurring criminals commit. - What should be the goals of the Criminal Justice System? : Rehabilitation and proper treatment for criminals. To be as accurate as possible when not only finding the right person, but finding a realistic punishment. Give everyone a fair trial and a proper chance to defend themselves. - Is the Criminal Justice System effective in meeting these goals? : Not a very effective and really flawed system for Canada’s standards, but internationally, is one of the best ones in the world. - Where do you get your information from? : Social media, secure and accurate sites, news, and knowledgeable Teachers and Instructors. What Is A Crime? - Crime as a whole is related to time and place. A Crime is defined: - As an act of omission that is prohibited by criminal law. - A person commits an act or fails to commit an act when under a legal responsibility to do so. - There is no legal defense or justification for committing the act. Two Critical Ingredients of a Crime are: - The commission of an act (Actus Reus) - The mental intent to commit the act (Mens Rea) It is also important to distinguish between behaviors that may be considered deviant by a large portion of society and crimes. - Crime is behavior that breaks the law.  - Deviance includes criminal behavior and a wide range of other behaviors that are not against the law but may be frowned upon by the larger society. Crimes Fall Into Two Philosophical Categories - Mala in Se : Acts that obviously and directly harm another person. Examples include, murder, rape, kidnapping, stealing from others, and child abuse. - Mala Prohibita : Acts that are criminal because they are prohibited by law. Drug related crimes (such as possession) Alcohol related crimes (such as drunk driving), indecent exposure, embezzlement, and forgery. The Types of Canadian Law: The two basic types of law in Canada are substantive law and procedural law. - Substantive law sets out the rights and obligations of each person in society. Examples of substantive law - regulating criminal behavior include the Criminal Code and other federal statutes such as the Controlled Drugs and Substances Act, Youth Criminal Justice Act, and Canadian Environmental Protection Act - Procedural laws: The legal process that protect and enforce the rights set out in substantive law (e.g. bail) The Rule of Law: The requirement that governments, as well as individuals, be subjected to and abide by the law. - No one person is above the law - All persons are bound by the law - All are entitled to protection by the law - The law should be observed and enforced equally - Laws are clear, publicized, and stable - Justice is delivered in a timely way by competent, ethical, independent, well-resourced, and neutral representatives. - There is a standard to which criminal justice officials must adhere and will be held accountable - While an admirable principle, the materials presented in the following pictures will reveal that this ideal is often not achieved. - The principle of the rule of law is related to The Canadian Charter of Rights and Freedoms Canadian Charter of Rights and Freedoms: Guarantees fundamental freedoms, legal rights, and quality rights for all citizens of Canada. - Including those accused of crimes, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Criminal Code of Canada: Federal legislation that, - Sets out criminal laws - Procedures for prosecuting federal offenses - Sentences - It is a “living” document and has been revised many times since 1892 to reflect changes in Canadian society. - The Ever-Changing Criminal Code - Public attitudes toward certain activities change over time. Whether behavior is defined as a crime is not a consequence of the behavior itself but is the result of the social response to the behavior or to the persons or groups who are engaged in it. - What is a System? - A complex set of elements or components directly or indirectly related in a casual network, such that each component is related to at least some other components in a more or less stable way. - These components have a relationship with each other: called the interdependency dynamic and symbiosis. - One should be able to predict what will happen from one part of the system to the next. The Criminal Justice System: - The CJS contains all the agencies, organizations, and personnel that are involved in the prevention of, and response to, crime, including - Persons charged with criminal offenses - Persons convicted of crimes - Criminal justice professionals - Volunteers who work in the criminal justice system The Goals of the Criminal Justice System: - 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 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… Models of Criminal Justice Admin - There are two competing perspectives on the value systems underlying the administration of criminal justice. These create tension within the CJS. An Adversarial System - A basic premise of the adversarial system is that the truth will emerge from the materials presented by the defense and Crown, before a neutral Judge or a jury - An accused is innocent until proven guilty. The burden is on the prosecution to prove that the accused is guilty. - The standard that must be met by the prosecution is proof beyond a reasonable doubt - This system contrasts with the inquisitorial system of justice - In this system, a judge, or panel of judges, assumes the role of investigating the crime. The Crime Funnel - The criminal justice system does not respond to every breach of the law - Only a portion of the criminal acts committed come to the attention of the police, and a much smaller percentage of these are heard in the courts or lead to a sentence - So dramatic is the attrition of cases in Canadian criminal justice that is often represented graphically by a funnel - 3% of all people engaging in crime get convicted/sentenced Dynamics of Criminal Justice Organizational Dynamic - A key feature of criminal justice research is documenting the dynamics of the criminal justice process. - This involves exploring how the system works in theory and in practice… - 1. Structural Component: Physically what the organization looks like in terms of a diagram or flowchart. Formally what the part of the system is supposed to do.  - 2. Cultural Component: What parts of the system/people working in the system really do, how the system really works in practice. What the values, beliefs ideals that people bring to bear upon the organization (*discretion). The CJS is first and foremost a human enterprise. All actors in the CJS exercise discretion (police arrest decisions, judges sentencing decisions and the release decisions of parole) Role of Discretion in the CJS - The freedom to choose between different options when confronted with the need to make the decision. Criminal justice personnel are influenced by many factors when they make discretionary decisions, for example task environment - Discretion can lead to inconsistencies in how laws are applied, how cases are processed in the courts, and what decisions are made about offenders by police officers, judges, and correctional authorities 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. Is the CJS Effective There are many ways that the effectiveness of the CJS can be assessed. Some of the ways include the following, - The ability of the system to deter and respond to crime - 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 - The extent to which the system addresses the needs of victims and their families - Adherence of the system to rule of law and the Charter of Rights and Freedoms and the extent to which the system treats persons fairly under the law. - Public confidence and trust in the system Deterrent Effects of the CJS - An important question is whether the law and criminal justice system serve as a deterrent - Studies of the deterrent effect of the criminal law suggest that the law can serve as a deterrent only when certain conditions are present - Severity of sanctions - There must be certainty of sanctions. - The sanction must be applied swiftly when a crime is committed  - Rationality of the individual - For those who are intent on committing a crime, it is likely that the criminal law and the CJS offer little in the way of deterrence. There is neither certainty nor swiftness of punishment - It is also unlikely that the criminal law and the criminal just Restorative Justice - Restorative justice provides an alternative framework for responding to criminal offenders. Restorative justice is based on the principle that criminal behaviour injures not only victims but also communities and offenders, and that efforts to address and resolve the problems created by criminal behaviour should involve all of these parties. Restorative justice initiatives are discussed throughout the course. These include victim offender mediation, circle sentencing, community holistic healing programs, and family group conferences Multiculturalism and Diversity - Canada prides itself on being a diverse, multicultural society. However, racism, discrimination, and inequality exist in Canadian society and within the criminal justice system Key Terms: Racism, Prejudice, and Discrimination - Prejudice is the unsubstantiated, negative pre-judgement of individuals or groups, generally on the basis of ethnicity, religion, or race. - Discrimination is an action or a decision that treats a person or a grou negatively Discrimination and Victimization Racial Profiling - Racial profiling is any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment Experiences of Indigenous Persons Many indigenous people live on the margins of Canadian society. This is reflected by: - Pervasive poverty - Low levels of formal education, more than half fail to graduate from high school - The unemployment rate among Indigenous persons is twice that of non-Indigenous persons) and  - On nearly every measure of health and well-being, Indigenous persons are much worse off than non-Indigenous - Indigenous persons are disproportionately represented as both victims and offenders at all stages of the criminal justice system. Discrimination and Victimization - People within specific ethnic, racial, cultural, religious and sexual orientation groupings may encounter prejudice and - discrimination and may be at risk of victimization. Examples are persons with various sexual orientations, Blacks and - Muslims may also be discriminated against 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 the CJS - 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 POLICING Defining Police Work - Definition of Policing: The activities of any individual or organization acting legally on behalf of public or private organization or persons to maintain security or social order - Pluralization of policing: the public police no longer have a monopoly on policing - For example, an increasing role being played by private security and others Police Work in a Democratic Society - Police can have a direct impact on the rights and freedoms of individual citizens. This is due to the powers that police officers are given under the law - Given the nature of their role, the police need to be free from government interference and influence. It is important that the police not become an instrument for implementing government policy  - However, the principles of due process and of a democratic society require that there be mechanisms in place to govern the police, to ensure that police services do not exceed their mandate and compromise the rights of citizens Structure of Policing in Canada - Public policing occurs at four levels - Federal - Provincial Recruitment of Police Officers - Basic Qualifications - Aged 19+ - Physically fit - Grade 12 education - No criminal convictions or pending charges - Common sense and good judgment - Preferred Qualifications - Knowledge of second language or culture - Related volunteer experience - Postsecondary education - Work/life balance Police Officer Diversity - Canadian police services are making efforts to increase the diversity in their ranks - Although Canadian police services have become more diverse, women and visible minority officers are underrepresented in police services, particularly at the higher ranks. Police Training There are several different models of police training in Canada - Municipal police recruits may be trained “in house” at a residential or non-residential training academy, or at a combination of both. - In contrast, RCMP cadets are sent to the RCMP training depot in Regina for six months of training prior to being sent to a detachment for six months of field training - Another component of the training process is Operational field training: instructing the recruit how to apply principles from the training academy in the community to ensure the recruit is able to meet the challenges of police work Primary Activities of the Police - Crime Control - Responding to and investigating crimes - Patrolling the streets to prevent offenses - Order Maintenance - Preventing and controlling behavior - Intervening in conflicts that arise between citizens - Crime Prevention and Service - Collaborating with community partners to prevent crime - Providing a wide range of services Challenges of Police Work - Preoccupation with danger - Excessive Suspiciousness of people and activities - A protective cynicism - Difficulty exercising authority in a manner that balances the rights of citizens with the need to maintain order Challenges of Police Work - It is argued that, as a consequence of these challenges, many believe officers tend to view policing as a career and a way of life, rather than merely a nine-to-five job - Value secrecy and practice a code of silence to protect fellow officers; and exhibit strong in-group solidarity - often referred to as the blue wall - owing to job-related stresses, shift work, and an “us versus them” division Charter of Rights and Freedoms and Police Powers - The Canadian Charter of Rights and Freedoms has had a significant impact in defining the powers of the police. Charter rights, combined with pre-existing legal rules, are designed to provide legal safeguards against the unlimited use of police power - Important Sections - Section 7: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. - Section 8: Everyone has the right to be secure against unreasonable search or seizure. - Section 9: Everyone has the right not to be arbitrarily detained or imprisoned.  - Section 10: Everyone has the right on arrest or detention to be informed promptly of the reasons therefor; to retain and instruct counsel without delay and to be informed of that right; and to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. - Section 11: Any person charged with an offense has the right to be informed without unreasonable delay of the specific offense Supreme Court of Canada and Police Powers - The charter gives accused the right to challenge the actions of police. - Police must have a search warrant to get information from internet services about the identity of subscribers under investigation - The charter also led to SCC rulings giving the police significant powers The Exercise of Discretion - Discretion: The power to decide or act according to one’s own judgment. Discretion is an essential component of policing because no set of laws or regulations can prescribe what a police officer must do in each and every circumstance. Patrol officers bring to their work a set of cognitive lenses through which they make determinations about the people and events they encounter. Factors that Routinely Affect Police Discretion 1. The nature of the crime: The more serious the crime, the more likely the police officer will formally report it. 2. Characteristics of the Suspect: Includes criminal history, demeanor, style of dress, socio-economic background, race, gender… 3. Background of the Officer: An officer’s values, for example, may influence his or her decision. 4. Department Policy: If the leadership of a police department gives an order demanding that certain incidents be handled in a certain way, officers are to limit their discretion in such cases. 5. Preference or Pressure from the victim: A victim may refuse to co-operate with the police (domestic abuse for example) or other victims put pressure on police (such as Mothers Against Drunk Driving) Biased Policing/Racial Profiling - Police must be aware of the Carter provisions that require equal treatment of citizens. Bias-free policing: The requirement that police officers make decisions based on reasonable suspicion and probable grounds rather than stereotypes about race, religion, ethnicity, gender, or other prohibited grounds. One  manifestation of biased policing is racial profiling. In R. v. Brown ( OJ No. 1251), the Ontario Court of Appeal defined racial profiling as involving “the targeting of individual members of a particular racial group, on the basis of the supposed criminal propensity of the entire group.” Part of the difficulty is distinguishing between racial profiling and criminal profiling Use of Force - The legal authority for the police to use force is found in the criminal code - The generally accepted use of force standard is one plus one, meaning that police officers have the authority to use one higher level of force than that with which they are confronted - The police use of lethal force is a rare occurrence within Canada, however it does happen Entrapment A Misuse of Police Powers - Entrapment: A person ends up committing an offense that he or she would not otherwise have committed, largely as a result of pressure or cunning of the part of the police. - R v. Mack - The line is crossed when a person is [persistently harassed into committing an offense that he or she would not have committed had it not been for the actions of the police. - People cannot be targeted at random. - There should be a reasonable suspicion that the person is already engaged in criminal activity. The controversy stems from the fact that there is a line between catching those habitually involved in lawbreaking and creating situational criminals. The concern is that typically law-abiding people could be enticed into committing a crime. The “Mr Big” Technique: A Controversial Strategy - An investigation strategy designed to secure confessions from crime suspects through the creation of an elaborate scenario - Involves police undercover officers making contact with crime suspects who are subsequently considered introduced to “Mr. Big,” a purported organized crime boss - Target(s) then invited to join the crime group, but only if they admit to having committed a major crime Search and Seizure - Section 8 of the Charter protects all citizens against “unreasonable” search or seizure. Evidence obtained during an illegal search may be excluded from trial if, as indicated in Section 24 of the Charter, its use would bring the justice system into disrepute. - Generally, for a search by the police to be lawful, a search warrant must be issued. Before a warrant can be issued, an information must be sworn under oath before a JP to convince him or her that there are reasonable and probable grounds that there is, in a building or place, evidence. - A search without a warrant will generally be illegal, except in two types of situations. - 1. While arresting a person, the officer may search the person and the immediate surroundings for self-protection (that is, to seize weapons), to prevent the destruction of evidence (for example, to stop the person from swallowing drugs), or for means of escape. - 2. In an emergency situation where an officer believes that an offense is being, or is likely to be, committed, or that someone in the premises is in danger of injury, a premise may be entered Power to Detain and Arrest - Police officers can arrest a suspect without an arrest warrant when - Caught committing a crime - Belief that a person has committed an indictable offense - Belief that a person is about to commit an indictable offense - Anti-Terrorism Act: arrest on suspicion rather than reasonable grounds Right of Suspects to Remain Silent - Under Canadian law, police officers have no formal powers to compel crime suspects to answer their questions - Suspects have a right to remain silent, and police officers must inform them of that right. - They must also inform suspects that any statements they do make may be used against them in a criminal trial. - The courts have taken a dim view of the use of trickery by police to obtain confessions. The classic case is when an undercover police officer is placed in a cell with a crime suspect and then attempts to encourage the suspect to make incriminating statements Police Misconduct - Canadian courts have established that police officers are held to a higher standard of conduct than ordinary citizens - Police officers may be held liable for violating the policies and procedures of the police service in which they work, and they are also liable, civilly and criminally, for their conduct. - The sanctions imposed on an officer can range from a verbal or written reprimand, forfeiture of pay, suspension from the police service with or without pay, counseling, or a directive that the officer resign. Dziekanski Case - The Robert Dziekanski case is a tragic incident that occurred on October 14, 2007, at Vancouver International Airport, involving the death of a Polish immigrant, Robert Dziekanski, after an altercation with the Royal Canadian Mounted Police (RCMP). Dziekanski had arrived in Canada to start a new life, intending to join his mother in British Columbia. After spending over ten hours in the airport without being able to communicate, due to a language barrier, he became visibly agitated. Airport authorities called the RCMP, and four officers responded. Within moments of encountering Dziekanski, who was unarmed and visibly confused, they tasered him multiple times. The tasering, combined with improper police handling, ultimately led to his death. The event was caught on video by a bystander and widely circulated, sparking outrage both in Canada and internationally. The case highlighted serious issues around the use of force by law enforcement, particularly the misuse of tasers, and raised concerns about police accountability. Public outcry led to a full investigation, resulting in the Braidwood Inquiry, which concluded that the RCMP officers acted inappropriately. The officers' actions were heavily criticized, and one officer was later convicted of perjury for his testimony during the inquiry. The incident remains a painful example of police misconduct, lack of accountability, and systemic flaws in handling mental health and communication challenges in high-stress situations. It also catalyzed changes in police protocols and taser usage in Canada.