Module 7 PDF(1).pdf

2023-01-07 Canadian Justice System Module 7 Justice Models 1 Justice Models - Main focus is on the criminal act - punishment proportionate to the crime - alternative sanctions for minor offences - emphasizes legal rights, justice and fairness 2 Rehabilitation - Focus is on the offender / need...

2023-01-07 Canadian Justice System Module 7 Justice Models 1 Justice Models - Main focus is on the criminal act - punishment proportionate to the crime - alternative sanctions for minor offences - emphasizes legal rights, justice and fairness 2 Rehabilitation - Focus is on the offender / needs - Individual treatment to effect causes - provide opportunities to change 3 1 2023-01-07 Rehabilitation - goal is reintegration into society - education, training, treatment programs - sentence length may reflect program length Restorative Justice - focus on harm inflicted on - community & victim - puts a face on crime - gives victim & community more say 4 5 Restorative Justice - alternatives to jail - designed to shame offender - Shaming may include - public exposure - embarrassment of humiliation - apology / public statement 6 2 2023-01-07 Restorative Justice • minor crimes - voluntary for offender and victim - diversionary program – prior to charges Offenders must accept responsibility for their actions Indigenous Justice - focus on problem solving & restoration of harmony - restitution and reconciliation - impact of offenders actions Indigenous Justice • based mainly on principles of restorative justice - no separate system of justice - integration of Aboriginal values - greater role in sentencing & alternatives to prison 7 8 9 3 2023-01-07 Indigenous Justice • offender express remorse • offender must take active role Indigenous Justice - similar to diversion programs - minor offences - alternatives to incarceration - community service / restitution - Failure to comply – criminal court Youth Justice • youth 12 to 17 - Separate - police response - judges, courts, prosecutors - institutions 10 11 12 4 2023-01-07 Youth Criminal Justice Act (YCJA) - Prevention, responsibility & rehabilitation are essential - Protect public - Accountable - Treated differently from adults - Violent vs. non-violent youths 13 Youth Criminal Justice Act (YCJA) Prevention - Meaningful consequences for youth crime - Intensified rehabilitation 14 Youth Criminal Justice Act (YCJA) Prevention - Cause - Support - Crime prevention - Effective alternatives to court 15 5 2023-01-07 Youth Criminal Justice Act (YCJA) • Meaningful consequences for youth crime - Address violent / repeat offenders - Harm to victim & community 16 Youth Criminal Justice Act (YCJA) • Intensified rehabilitation • Measures for Violent / repeat offenders that are firmer, controlling & effective • Rehabilitation & reintegration 17 Youth Criminal Justice Act (YCJA) - Special sentencing options for violence - Broader range of community based sentences - Alternative measures 18 6 2023-01-07 Alternative Measures Goal - rehabilitate young offender without criminal stigma 19 Alternative Measures - Y.O. take responsibility - meet the victim - mutually agreed restitution - allows for community service, counselling & treatment programs 20 Alternative Measures • early intervention will prevent serious criminal behaviour 21 7 2023-01-07 Alternative Measures - reduce youth court cases - bring positive change in youth - lower crime rate - lower recidivism (repeat offenders/criminal behaviour) 22 Alternative Measures - Recommended by police/crown - Sufficient evidence to charge - Voluntary - Admit responsibility - On completion – no criminal record Sanctions – kept on record for two years 23 Review Unless the crown can prove that the confessions made by the accused are voluntary, it will not be admitted as evidence.T or F Once the accused has requested his right to counsel, the police must stop asking incriminating questions until the person has had the opportunity to exercise that right. T or F The accused has just been arrested for robbery and held for a bail hearing. The onus is always on the ____________ to prove why the accused should be held in custody: a) b) c) d) e) police judge crown accused defence lawyer “Reverse onus” at a bail hearing means the duty is on the _______________ to show cause why he or she should be released from custody. a) b) c) d) e) police judge crown accused lawyer 24 8 2023-01-07 Review Generally a search warrant is required to search a person, place or thing. T or F ___________ is considered the intrusion of a government representative into an individual’s privacy. a) Search b) Seizure ___________ is considered the exercise of control by a government representative over an individual. a) Search b) Seizure A police officer may obtain a search warrant by swearing an Information before a Justice of the Peace or Judge. T or F A police officer is able to pursue an accused person into a dwelling house, without a search warrant, to affect the arrest. This is referred to as: a) fresh pursuit / hot pursuit b) exigent circumstances c) arrest with warrant d) reverse onus e) none of the above Search incident to arrest gives police officers the authority to search a person they lawfully arrest. T or F Search incident to arrest gives police officers the authority to search the immediate area of the person they lawfully arrest. T or F 25 Review The authority – search incident to arrest - is found in: a) b) c) d) e) Canadian Charter to Rights and Freedoms Criminal Code Common law Exigent circumstances None of the above 26 9