SOCI 227 Notes PDF

Lecture 1 Chapter 1 Crime:​ - what is crime? -​ Illegal, goes against rights -​ Can break it down into: Norms: -​ Range of behaviours in our society -​ Norms: standards of acceptable behavior that are based on tradition, customs, and values. -​ Examples: wear clothes -​ Control...

Lecture 1 Chapter 1 Crime:​ - what is crime? -​ Illegal, goes against rights -​ Can break it down into: Norms: -​ Range of behaviours in our society -​ Norms: standards of acceptable behavior that are based on tradition, customs, and values. -​ Examples: wear clothes -​ Controlled by forman and informal means -​ Informal social control: the actions of individuals, such as their praise or disapproval that make people conform to the law and other social norms. -​ Examples: raising your hand in class, religion -​ Formal social control: organized reaction to behaviour that violates criminal laws and threatens individual safety, property, etc. -​ Examples: dont kill someone -> get arrested go to jail, fines, excommunication (cast out of religion organization) Defining crime -​ Crime: conduct that is prohibited by law and that is subject to a penal sanction: doesnt just mean going to prison(part of it), being punished/ given punishment by institution (CJS). -​ majority/consensus definition -​ Within canada/us/uk, strongly shaped by the rule of law -​ Rule of law: the principle that the law is supreme over any individual or boy of government. -​ Crucial feature of how the western societies work -​ Everyone must be treated equally by the law, any action by individual or government that breaches the law will be punished or changed. -​ Supreme court ensures the rule of law Types of crimes in Canada -​ Public Law: a type of law addressing matters that affect society (such as responding toa person who commits a criminal act) -​ Example, tax fraud, assault (crime against the body politic or society overall), domestic abuse, restraining orders -​ Private law/civil law: legal matters that relate to the relationships between individuals or businesses that involve contracts. -​ Example, if you sue someone, divorce, custody, landlord tenant -​ The Criminal Code of Canada -​ Defines all actions that are considered crimes in canada -​ E.g., homicide, robbery, assaults -​ Defines and shapes the criminal justice system -​ Living document: new laws and crimes are removed to reflect social changes and others are added. -​ Also includes sentencing decisions: -​ Not always agreement on what should or should not be a crime -​ Harshness of penalties fiercely debated Classifying Crime -​ Summary offences: -​ Less serious -​ Six months in prison/and/or a maximum fine of $5,000 on an offender -​ Indictable offences: -​ Serious offences -​ Heard in court by federally appointed judges -​ Dual offences: -​ can either be a summary or indictable offence depended on the circumstances of the offence. -​ E.g. punishment for theft Criminal Justice System “ the process through which the state responds to that which it deems unacceptable. Criminal justice is delivered through a series of stages: charge, prosecution, trial;sentence appeal; punishment. These processes and the agencies which carry them out are referred to collectively as the criminal justice system.” Three major componenets: 1.​ Police 2.​ Courts 3.​ Corrections/prison -​ Sepereate but interrelated Police -​ The most visible component of the justice system -​ Provincial responsibility - pay the bills as well as federally funded (RCMPS) Courts -​ Based on english common-law systems -​ Rex v. defendant -​ Royal insignia and naming -​ Four levels of courts in canada  -​ Supreme court of canada (top), court of appeal (provincial appeal court) , superior court (provincial) justices appointed by federal , provincial court (largest, deals with everything, summary convictions, etc., court justices appointed by the province) (bottom) Lecture 2 Corrections -​ There are about three adult offenders serving a community sentence for every inmate in custody. -​ Filtering -​ Not everything that is a crime is detected -​ Not everything that is a crime is punished -​ Significant level of attrition is referred to as filtering -​ The crime funnel -​ At the top all total charges (1,071,314) -​ Right below is total cases (360,640) -​ Total guilty (228,328) -​ Provincial custody (64, 604) - alot of people are serving in the community -​ Federal imprisonment (5, 207) -​ Whats going on? -​ Discretion: police are aware of an offense but do not charge/use informal measures. -​ Of suspects who are arrested, some plead guilty. -​ Of everyone who is sentenced:​ Only a very small proportion go to prison, and most go to provincial prisons. Goals of the CJS -​ 5 main goals: 1.​ Prevent crime 2.​ Protecting the public 3.​ Supporting victims of crime, their families, and witnesses 4.​ Holding people responsible for crimes they have committed 5.​ Helping offenders return to the community and become law abiding members of the community -​ These things often contradict eachother Overall -​ Different definitions of crime -​ Formal social control Why do we study crime? -​ See how effective the criminal justice apparatus -​ Predict crime Crime statistics -​ Need to understand crime in order to addresss it -​ 3 different types:​ 1. Uniformed Crime Report 2. Crime Severity Index 3. Victimization surveys 1.​ UCR -​ Aka. crime rates -​ Measurement of how much crime there is in society -​ Blunt measurement of the exact amount of crime -​ Reported in rate per/100 000 population -​ What does this mean? For every 100, 000 canadians x amount of crime happens each year -​ All incidents collected by police -​ Sent to statistics canada and compiled 2.​ Crime Severity Index -​ Based on offences reported to the police and published in the UCR -​ Weigh crimes, and assigns a score - murder weighted higher than break and enter, etc -​ Base level of 100 (2006 level) Lecture 3 Statistics and Crime Typologies -​ Major flaw with “basic statitistics: -​ Not all crime is reported Dark Figure of Crime -​ A large amount of crime which goes unreported -​ More crime that is not reported than what is 3.​ Victimization Surveys -​ Self reported -​ Collected by statistics canada every 3 years -​ Suggests that nearly ⅔ of all crimes are not reported to police -​ Gives us some picture of the dark figure of crime -​ Flawed: rely on people to be truthful, Types of Crime -​ What kinds of crime are most common? -​ Are there more victims of violence today than ever before? Generally its been going down CSI says… -​ Numbers are up -​ BUT: -​ When it comes to crimes reported to the police, canadians are now safer than they were years ago. -​ The most common offences account for almost 70% of all criminal matters. -​ E.g impaired driving, theft, assaults, and crimes relating to the administration of justice (breaching parole, not showing up for court, etc.) -​ The most serious crimes are rare -​ E.g robberies account for less than 1% of all offences -​ Homicide offences account for about 0.1% of all cases before the courts Five Types of Crime 1.​ Crimes against the person 2.​ Property crimes 3.​ Crimes of the powerful 4.​ Organized crime and gangs 5.​ Antisocial behaviour Crimes against the person -​ Also referred to as violent crimes -​ E.g. sexual crimes, physical assault, murder -​ Four main types:​ 1. Homicide: First Degree murder: planned and deliberate act, Second degree murder: deliberate but unplanned, manslaughter: unintentional result of culpable action 2. Sexual Assault - least likely to be reported to police, most likely to be dismissed by police as “unfounded” 3.Robbery - stealing with a level of force or threat, or a weapon, primarily urban crime 4. Assault - using force against someone else: three kinds of assault: 1. Aggravated assault (wounding, maiming, endangering life) 2. Assault with a weapon or causing bodily harm (uses/threatens to use a weapon, injures vistim), 3. Simple assault (uses force) -​ Extremely serious -​ Comparatively rare Property Crimes -​ Crimes that affect some sort of property -​ Most common type of crime, by far -​ How much attention does property crime get in media? Not much -​ Three most common kinds. 1.​ Break and Enter 2.​ Theft of a motor vehicle  3.​ Theft not involving a motor vehicle (commonly reported as being either over or under $5,000) Crimes of the Powerful -​ White-collar crimes: non-violent crimes that are commited for monetary gain and can include acts of corruption -​ “Street” crimes: things we normally think of when we discuss crime -​ “Suite” crimes: white collar crime/unethical actions that take place as part of business/are done by powerful people -​ Most offenders are well educated or hold professional positions. -​ Difficult to investigate -​ Prosecutions rare - difficult to make charges stick -​ Can afford lawyers -​ Examples? Influencer fraud -​ The losses from these crimes are significant -​ Financially significant -​ Reduce employee morale and harm business relations and the reputations of these firms Organized Crimes and Gangs -​ Organized crime groups are commonplace and enduring -​ 400 year history of organized crime -​ A relatively small number of offenders involved in criminal enterprises engage in a significant amount of crime -​ CSIS has reported that organized crime poses a serious long term threat to Canada's institutions, society, economy, and to individual quality of life. -​ Serious threat to canadas: institutions, economy, individual quality of life Antisocial Behaviour -​ Objectionable conduct -​ Something thats criminal but not necessarily fitting in certain areas -​ Examples? Public indecency, grafitti -​ Less risk to other people -​ Still has an impact on people -​ Responding to antisocial behaviour takes a considerable amount of police time and resources -​ Some antisocial acts are defined as crimes in the Criminal Code -​ Usually handled informally by the police via warnings -​ Sometimes antisocial behaviour becomes an excuse to use CJS to deal with social problems  Lecture 4 Crime and poverty -​ Often, the highest levels of crime occur in places with.. -​ Higher levels of concentrated poverty -​ Concentrated marginalized populations -​ More heavily police>more criminalization -​ Crime is associated with: -​ Unemployment -​ Poverty -​ Substance abuse -​ Populations with lots of young men -​ Tackling these conditions is the best method of crime prevention -​ Is this how the CJS responds to crime? Lecture 5 Crime Control Philosophies What makes Canada unique? (CJS) -​ Inherited from english systems -​ Federalist country - power is shared -​ Drastic different political philosophies in different regions -​ Multicultural, multilingual, diverse, huge -​ Money is not evenly distributed How do these things shape discussions about crime and criminal justice? -​ The responses of police, courts and correctional systems are not uniform throughout Canada -​ Surprisingly different political systems and political ideologies Crime Control -​ Crime control is a key justification behind the criminal justice system -​ It is arguably the most important reason justifying why we even have a CJS in the first place -​ 6 different ways to achieve this -​ Criminal Code, S. 718:​ “The fundamental purpose of senten… -​ Political differences = different emphasis on different aspects -​ Shapes: the operations of the police, the courts and correctional systems -​ How the public and offenders are treated by justice systems -​ TWO BUCKETS: 1.​ Crime control model : 1. Retribution, 2. Deterrence, 3. 2.​ Due process model: 1. Restitution, 2. rehabilitation, 3. restorative justice Crime Control Model 1.​ Retribution -​ Taking revenge on the offender, often by using harsh punishments -​ “An eye for an eye” -​ E.g death penalty, life sentences -​ Leading crime control philosophy throughout history 2.​ Deterrence -​ The belief that criminal behaviors can be discouraged and prevented by punishing offenders. -​ Examples? Speed limits -​ Only ends up being a deterrent if it is: -​ Swift (cause and effect), -​ Certain - -​ and severe - appropriately severe -​ Reality of CJS:  -​ Punishments are not swift -​ Punishments are not (appropriately) severe -​ Punishments are not certain 3.​ Incapacitation -​ If offenders are held apart from society, they are not able to commit any further crimes in the community. -​ Jail time, more so long sentences -​ Strengths: -​ Weaknesses: expensive, doesn’t necessarily “fix” the person -​ “works “ for certain individuals -​ Reason behind “3 strikes” “rules” -​ Long-term: does not fix problems -​ Fundamentally limited approach -​ Also plays out in dangerous offender laws -​ Allows individuals to be indefinitely incarcerated -​ “Selective incapacitation -​ Strengths, but significant weaknesses Lecture 6 The other side -​ Restitution -​ Rehabilitation -​ Restorative justice -​ Place focus on changing people to reduce recidivism -​ Recidivism: occurs when a person who has been previously convicted of an offence reoffends by committing another crime 4.​ Restitution -​ Involves compensating victims, their families, or their community for the losses they experienced due to crime. -​ Is restitution an effective crime control strategy? -​ Efficancy depends, but usually viewed as ineffective: -​ Economic losses vs. psychological effects of victimization -​ Complexity of enforcing restitution orders -​ Many offenders live on the margins of society: unemployed, impoverished 5.​ Rehabilitation -​ Iron law of punishment: the concept that most prisoners return to the community, so it is in the publics best interest to help those individuals succeed in their community re-entry -​ Switches focus of justice system away from punishment -​ Idea is that punishments can be designed to help reform people -​ How people re-enter society in productive ways  Lecture 7 Public opinion, media, and punishment -​ How do you feel about punishment? -​ Do we punish criminals harshly enough? -​ Do we punish people too much? Public opinion et al. -​ Public perceptions: -​ Mixed feelings -​ Want to hold repeat and violent offenders accountable for their crimes -​ Also reluctant to punish youth or first-time offenders too severely -​ “Tough on crime.” - -​ Criminal justice is often political -​ Tough on crime: using harsh crime/punishment policies to get elected -​ Offenders: generally an unsympathetic group with voters -​ Penal Populism: a tough on crime approach that is rooted on “common sense” rather than scientific evidence -​ From academic/policy perspective: -​ Decisions about CJS operations should be based on: -research -best practices -evidence-based practices NOT -​ Political rhetoric Conflict Perspective -​ Critical criminologists argue: -​ CJS is used by powerful social groups to maintain privileged status -​ These groups feel threatened when social groups challenge the status quo and have used the CJS to reduce these threats or silence social protests. -​ How white collar crimes end up being prosecuted -​ Many crimes of the powerful are not defined as crimes or prosecuted as such -​ The rich get richer and the poor get poorer Indigenous over-representation -​ 1.8 million indigenous people in canada -​ 5% of the total canadian population -​ Fastest-growing group in Canada (9.4%, 2016-2021) -​ 55% of all First Nations -​ 31% of admissions to provincial custody -​ 29% to federal custody -​ 43% to youth custody -​ Also overrepresented as victims of crime  -​ Why the over-representation? -​ Marginalization -​ History of discrimination and forced assimilation -​ High involvement in street crime -​ Biased treatment with the justice system -​ High rates of victimization -​ Royal commission on aboriginal peoples/truth and reconciliation commission: -​ Residential schools -​ Assimilationist policies -​ European colonization -​ 1991: federal government introduced the aboriginal justice strategy -​ Goals: develop alternatives to the mainstream justice system for indigenous people Indigenous Peoples and the CJS -​ Gladue decision and gladue reports -​ Direct judges to recognize the distinctive circumstances of indigenous people convicted of an offence -​ Gladue: -​ Well-intended strategy -​ Does not address the root causes of indigenous trauma, crime or victimization  Lecture 8 Policing in Canada Police Structure in Canada -​ May 2022: -​ 70,566 officers in canada working in 3 types of police organizations Policing in Canada -​ Federal police: RCMP -​ Over 18,000 officers -​ The largest police service in canada -​ Federal policing -​ Contract policing with eight provinces and hundreds of municipalities across canada -​ Provincial police: OPP -​ Provide service on highways, countryside, and in small towns -​ Contract policing -​ Regional police services -​ Municipal Police -​ Vast majority of police in canada -​ ~38,000 -​ Range from less than 10, to around 5,000 Police Strenght -​ Police strength: the ratio of police to civillians -​ What sort of factors do you think impact police strength? -​ Economic factors -​ Wealthier cities tend to have greater police strength -​ Communities that have their own municipal police service employ more officers than cities contracting with the RCMP Policing -​ Crime fighting accounts for only about a one quarter of a police officers duties -​ The remainder of their time is spent in social services tasks -​ Looking for lost children -​ Investigating sudden deaths -​ Responding to complaints of noisy parties or barking dogs Policing: An Expensive Proposition -​ Per capita cost of policing in 2022-2023 was $506. -​ Property taxes are used to fund police services so wealthier communities typically have more money for policing Edmonton: -​ 2023: -​ 502 million -​ 14.8% of edmonton's budget Policing: -​ Police balance enforcing the law and respecting the rights of the individuals they encounter: -​ But: extremely complex relationships -​ Police actions are often criticized -​ Police officers often find themselves in “lose-lose situation” -​ Especially when dealing with hard-to-manage populations such as responding to people with mental illnesses -​ Police doing social service work; -​ The “lead agency that deals with homelessness, mental illness, school discipline, youth unemployment, immigration, youth violence, sex work and drugs” (Mears, in textbook) Lecture 9 Policing Structure Policing: -​ Police balance enforcing the law and respecting the rights of the individuals they encounter The invention of policing -​ First police: -​ england/france, 1820’s-1830s -​ Sir robert peel -​ Introduced nine principles of policing: 1.​ Prevent crime and disorder, as alternative to military 2.​ Power of police is dependent on public approval and public respect 3.​ Recognize that policing requires willing cooperation of public 4.​ Public respect diminishes need to use force 5.​ Seeking public favour by demonstrating impartial and independent service to law 6.​ Use physical force ONLY when necessary, and use as little as possible 7.​ Maintain relationship with public: Public are the police, and the police are the public 8.​ Only focus on law enforcement, NOT punishment 9.​ Efficeincy of police is judged by absences of crime and disorder, NOT by police visibility -​ Still inform and influence police actions -​ Principles of “community policing” -​ Demonstrate importance of maintaining community relations from invention of police Pre-modern (pre-1820) -​ Indigenous dispute resolution -​ No formal system of social control -​ Justice systems often took a restorative approach -​ Rare cases” banishment, physical punishment, execution  -​ Military controlled social issues -​ Significant issues with this -​ Royal Newfoundland constabulary -​ Founded in 1729 2. Political Era (1820-1940) -​ Political interference -​ Used police as tools -​ Crimes of the rich and powerful were overlooked and the poor and minority groups were over-policed -​ Police officers were treated unfairly and were sometimes fired for properly enforcing the law -​ rural /frontier polling -​ NWMP 3. Professional era (1940-1980s) -​ “Traditional Policing” model -​ Objective -​ Independent -​ Centralized -​ Bureaucratic -​ Police standards: -​ Emerged in 1970’s -​ Specified the hours of training required for new recruits -​ Facilitated ongoing annual training for firearms and first aid -​ Reviewed practices for detaining prisoners -​ Police were often harsh and overbearing -​ All about social control -​ Professionalism was great, but reflected police goals rather than desires of the community 4. Community Policing (1980’s-now) -​ Building relationships between police and community -​ 1980s: -​ Need to establish productive relationships -​ Reduce crime and confront antisocial behaviour -​ Police advisory boards; cillian involvement  Lecture 10 Policing Structure Review: Eras 1.​ Pre-modern 2.​ Political 3.​ Professional 4.​ Community policing 1980s 4. Community policing -​ Three pillars 1.​ Citizen involvement -​ Police MUST consult public about identifying/prioritizing community problems 2.​ Problem solving/problem-oriented approach -​ Analyze crime; draw on insight of community members to develop strategies 3.​ Decentralization -​ Community engagement; officer discretion -​ Chiefs advisory councils Community policing: Problems -​ Is it more popular with politicians, police leaders, and researcher than with front-line workers -​ Does this model truly reach out to all members of the community or is it just lip service? -​ Community-based initiatives work best in well-organized communities that have low levels of crime. -​ Troubled neighborhoods have to get over their mistrust of the police Police demographics -​ Police should reflect the communities that they are policing -​ historically : “pale and male” -​ Over one-fifth of officers in 2018 were women -​ Growing number of women hold leadership positions -​ Recruiting issues Rural Policing -​ There are over 10,000 officers working in provincial policing, rural areas, small towns and indigenous communities -​ Overall rates of crime severity tends to be higher in rural canada -​ Response time to a priority-one call (where there is imminent danger to life) could be an hour or more in a rural area depending on where a crime occurs, the road and weather conditions, and the number of officers on patrol -​ E.g. policing in northern ontario The Role of Police in Canada -​ Six main functions for police in canada  1.​Crime Prevention -​ It is more desirable to prevent crime than to respond to it -​ How can we prevent crime? -​ Focus officer attention on high crime areas (hot spots) -​ Targeting high-risk offenders -​ Using random preventive patrol and neighborhood watch 2.​Law Enforcement -​ Responding to crimes and investigating are two key roles carried out by the police 3.​Maintaining the Public Peace -​ Order maintenance: involves managing minor offences, antisocial behaviour and other conduct that disturbs the public -​ The police become involved when informal controls have broken down and people are reluctant to confront others. -​ Order maintenance also involves the formal responses to protests and demonstrations -​ The police are sometimes reluctant to intervene in these protests and they are seen as “lose-lose” no matter what happens in a confrontation their actions will be criticized 4.​ Emergency Response -​ Police are expected to coordinate responses to emergencies or natural disasters where public safety or lives are threatened 5.​ Assistance to Victims of Crime -​ Most common types of victim services include: -​ ◦Protection services (safety training and risk assessment) -​ ◦Participation related services (accompanying victims to -​ court and assistance with preparing victim impact -​ statements) -​ ◦Crisis-related services (debriefing victims after they experienced traumatic incidents) ◦Information services (information about what to expect from the CJS and how to access services) ◦Medical-related services (escorting victims to the hospital) 6.​ Any other prescribed policing functions -​ Nobody knows Conclusion -​ Peels principles -​ Four eras of policing in canada: -​ Pre-modern -​ Political -​ Professional -​ Community policing -​ Provincial standards, experienced leaders, and unionized police services have helped to increase the professionalism of officers.  -​ Officers have more extensive training and access to better equipment to increase their effectiveness. Summary -​ Responding to crimes and carrying out investigations -​ accounts for only a small proportion of officers’activities. -​ The numbers of women, Indigenous, and visible minority -​ officers is increasing. -​ ◦Still not representative of communities Police Operations -​ What makes policing challenging? -​ What makes policing different across Canada? -​ Why? -​ The amount of crime in a community -​ The characteristics of a community -​ The population profile -​ The communitys economic health -​ The type of police organization serving the community -​ One-third of canadian adults come into contact with police each year -​ We are less trusting and forgiving of police due to recent events in the US and in canada Police Operations: -​ Challenges: -​ Funding -​ Rural vs urban settings -​ Public perceptions -​ Mutiple demands from competing stakeholders -​ There are three main operational police roles:​ 1. Operations: Includes officers involved in patrol, traffic enforcement, a criminal investigation, as well as specialized duties such as crime prevention, school resources and community policing. 2. Administration: Includes officers who manage the day-today operations of the agency and oversee units such as human resources, budgeting, and professional standards. 3. Auxiliary services: Include personnel involved in communications, preserving evidence, keeping records, and detention. Structure and operations -​ Police services are sometimes called paramilitary organizations -​ Organized along military lines -​ Have a chain of command where lines of authority are clearly defined by the organization -​ Police organizations have a top-down orientation based on rank  -​ Good parts: -​ Traditional; clear chain of command; clear allocation of responsibility; ability to make decision quickly; discretion -​ Bad parts: -​ Traditional; aggressive culture; prone to militarization; discretion; really political Policing Styles -​ Organizations usually have formal mission statements that govern actions -​ Organizational cultures sometimes challenge these visions -​ Examples of bas organizational culture? -​ Three variations in police:​ 1. Legalistic style -​ Professional -​ Top-down -​ Strict enforcement of rules -​ Productivity measure: tickets, arrest rates limited discretion 2. Watchman stye -​ Other maintenance, reducing antisocial behaviour -​ (more) involved in community -​ Use discretion -​ Informal dispute resolution 3. Service Style -​ Priority on public satisfaction -​ Responsive to community needs:​ Community poliving -​ Frequent contact between police and community -​ Focus on serious crimes Discretion -​ Styles influence use of discretion -​ Refers to when judgement is used to determine which of several options to pursue -​ Shapes whether officers arrest, provide warning, take no action, issue ticket, etc. Challenges -​ Police use of force -​ Police oversight and accountability -​ Political independence of police Use of Force -​ Policing is the only occupation that is authorized to use force to protect property and the public -​ Due to recent police shootings in the US and Canada, questions have been raised about the appropriate use of deadly force. -​ Most officers are reluctant to use force—it is used as a last resort.  Week 6: Police operations and challenges II Lecture 1 Use of Force -​ Review? -​ Statistics suggest that the most common person to experience police use of force is: -​ A young man -​ Under the influence of drugs or alcohol -​ With mental health issues Police overisght and accountability -​ Police activities are scrutinized like never before -​ Officers answer to: -​ The public -​ Their direct chain of police command -​ The courts -​ Oversight bodies -​ “Quadruple jeopardy” Police Oversight -​ Formal guidelines exist and are usually laid out in the police services act in each province for formal civilian oversight of the police -​ These boards provide guidelines on the operations of a police service and… -​ Edmonton police commission - EPC - controls EPS not city council -​ Investigating police -​ Dedicated agencies responsible for investigating actions of police -​ Alberta Serious Incident Response Team (ASIRT) - when stuff goes sideways, someone gets shot or dies in relation to police - independent agencies- mostly made up of former officers -​ Braga at al. (2018) found that officers wearing body worn cameras: -​ Generated fewer complaints -​ Generated fewer use of force reports -​ Made more arrests -​ Issued moe citations -​ cameras= more public accountability -​ But: -​ Less discretion does not equal better policing -​ Cost -​ Does it built confidence/community relationships? -​ Not always effective -​ significant , ongoing debate about whether they “work”  Week 6: Police operations and challenges II Lecture 2 Representative workforce -​ The police today have been criticized as being too “pale and male.” -​ Racial makeup of canada's police forces Racial Make-up -​ One in five canadian officers are women -​ Increasing numbers of aboriginal and visible minority officers -​ Most new officers have university degrees, other experience Public support for police -​ The police require the public's cooperation: -​ Report crimes -​ Aiding police in investigating offences -​ Appearing as witnesses -​ Which sounds like who’s principle? -​ Requires police legitimacy -​ Tankebe & Liebling: “citizens’ recognition of the rightness of the authority of criminal justice officials, and the consequences of this recognition for behaviour” -​ Strengthened by “good” actions; ruined by “bad” actions -​ When police are seen as more legitimate by the public, people are more willing to abide by the law. -​ Our trust and confidence in the police has been mixed over the past few decades -​ Trust and confidence in the police: differs by gender, ethnic group and age -​ Greatest amount: women, older respondents, and non visible minorities -​ Lower amounts: members of visible minority groups and indigenous canadians Police Subcultures -​ “The thing blue line” or “blue wall of silence” -​ Solidarity -​ Authoritarianism -​ Suspicion -​ Conservative outlook -​ Prejudicial attitudes -​ Subcultures are both: -​ A product of an organizations values, mission and leadership -​ A powerful force in resisting change -​ End up impacting how officers do work -​ Do not define how police do job -​ May have influence on how police interact with public Conclusion -​ Police face massive body of challenges: -​ Funding -​ Organizational issues -​ Public support -​ Use of force -​ Etc. -​ At least partially due to role police play in society -​ End up doing significant amounts of ‘extra” work -​ Unable to do all of it effectively Midterm Review -​ 55 total marks -​ ⅔ MC and short answer( list some things and dig into concepts) -​ Three components of the CJS - police, corrections, courts -​ Rule of law - no one is above the law -​ Filtering - crime funnel -​ Goals of the CJS - prevent crime, public safety, help victims, help -​ 3 types of statistics: UCR, CSI , victimization surveys -​ 5 different types of crime: property crimes, violent crimes, crimes against a person, crimes of the powerful, -​ Crime control philosophies: deterrence, incapacitation, restorative justice, retribution, rehabilitation, restitution -​ Recidivism - pretty high rate -​ Four police eras - pre-modern, political, professional, community police -​ Challenges for police - use of force, public support, too many jobs, funds, ​  Week 7 Lecture 1 Criminal Law Criminal Law -​ Rule of law: the principle that the law is supreme over any individual or body of government. -​ Everyone equal/nobody above the law -​ Law is primary factor governing country -​ In Canada, criminal laws are… -​ dynamic/evolving -​ Responding to broader social, political and technological environments Common law -​ Court decisions are often based on previous court decisions -​ Stare decisis: let the decision stand -​ Common law: mostly made up of prior court decisions -​ Part of british colonial legacy -​ Commonalities between commonwealth countries: -​ The adversarial nature of the system -​ The presumption of a defendants innocence -​ The reliance on case law -​ All of canada uses common law with one exception -​ In common law, the rights of the individual are balanced against the interests of the state. -​ Referred to as Adversial System -​ Governed by specific rules of engagement Canadian Criminal Law -​ Three key presumptions underneath Canadian laws: 1.​ Presumption of innoncence 2.​ Burden of proof 3.​ Defense made by raising sufficient doubt 1.​ Presumption of Innocence -​ ◦Charter, S. 5(d): Everyone has the right: to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal 2.​ Burden of proof -​ Crown prosecutors must prove beyond a reasonable doubt that the accused person is guilty. -​ If guilt cannot be proven, judges or juries must acquit a defendant even if they think that he or she is probably guilty. 3.​ Defence priorities -​ Do not have to prove innocence  -​ Rather: it is sufficient to raise enough doubt that a conviction cannot be made Charter of Rights and Freedoms -​ Most important law in canada -​ Part of canada constitution -​ The Charter defines the rights and freedoms of Canadians, including those accused of committing crimes -​ The SCC resolves interpretation issues and disputes resulting from the Charter not being straightforward. ◦Key source of new common law -​ Laws are made by: -​ Laws are interpreted and enforced by: -​ Supreme court often reconsiders/overturns existing laws -​ Criminal law must adapt to changing political, economic, social, and legal circumstances -​ SCC Jordan decision: -​ Political wing of government often in conflict with courts -​ Tension between the two is often what ensures Canadians’ rights are protected effectively Two Types of law 1.​ Substantive law: consists of the written rules that define crimes and punishments, and the rights and obligations of citizens and criminal justice personnel 2.​ Procedural law: focuses on the rules that determine the enforcement of rights or due process Acess to law -​ Impoverished canadians accused of committing crimes are eligible for legal aid services subsidized by the federal and provincial governments -​ Court appointed lawyers > paid by government -​ Issues: -​ Underfunding -​ Slow court processes -​ Job losses due to incarceration -​ Marginalization of people who cannot afford to fully participate in society -​ Significant issues for canadians -​ Major problem in alberta: will revisit when we discuss remand custody Elements of a crime -​ Individuals cannot be prosecuted for an act that is not defined as an offence in the criminal code -​ Specific elements necessary for something to be considered a crime  Week 7 Lecture 2 Criminal Law II Elements of a crime -​ Individuals cannot be prosecuted for an act that is not defined as an offence in the Criminal Code -​ Specific elements necessary for something to be considered a crime -​ Two elements of a crime have to occur together 1.​ Actus reus (the criminal act) 2.​ Mens rea (the criminal intention or guilty mind) Actus Reus (the criminal act) -​ Individuals can be charge for criminal acts or omissions -​ Can be something you did thats wrong or something you failed to do -​ Crime of omission: an act where the accused has failed to take some action, such a school social worker failting to report child abuse. -​ In a murder the actus reus would be physically stabbing someone -​ Not doing an action in some specific cases can also be considered a crime, usually related to duties in the court -​ A criminal act has to be considered wrong by society and either causes harm to an individual or causes general harm to society by affecting all Canadians. -​ Do all laws fit underneath this? -​ Also such thing as a victimless crime e.g. illegal gambling Mens Rea (the guilty mind) -​ Intent: the criminal intention (guilty mind) in mens rea. Person intends to commit the criminal act. -​ Negligence: an act that shows disregard for the well-being of others. -​ Reckless behaviours: occur when people act in a manner that they know is dangerous or risky -​ Wilful blindness: occurs when an accused is aware that a crime is likely being committed but he or she chose to ignore the facts. -​ Some crimes dont require the state of mind when the crime occured Criminal Defenses -​ As discussed last class: -​ What standard does the crown have to meet to prove guilt? Beyond a reasonable doubt -​ What standards does a defendant have to meet to establish innocence? Prove that there may be some sort of reasonable doubt. Defenses 1.​ Alibis: where witnesses or other forms of evidence show that the defendant could not have committed the offence. E.g. I was at work 2.​ Justification defences: accused admits to committing an offence but the act was justified. E.g. starving to death and the only way you can survive is by stealing food. Or being threatened/coerced into committing a crime 3.​ Excuse Defences: one’s criminal conduct can be excused because the accused could not form the intent to commit a crime. E.g. commit a crime but don’t understand the consequences e.g. mental health NCR 1.​ Alibi Defences -​ What is an alibi? -​ Examples -​ There are guideline -​ It has to be adequate and timely: -​ Adequate, meaning it contains sufficient detail to allow the police to verify its validity -​ Timely, meaning it is revealed well before trial to allow the police to conduct a proper investigation. 2.​ Justification Defences -​ Consent: the defence contends that the vistim was a willing party in the offence. -​ Duress: the accused claims that their actions were not voluntary but that they acted in response to being threatened by another person. -​ Entrapment: police or government officials persuade or lure an individual into carrying out an offence that he or she would not otherwise have committed. -​ Only made after accused found guilty -​ Burden is on the defence counsel to prove that entrapment occurred. -​ Mr. Big sting - practiced by RCMP in canada -​ Necessity: an illegal act was committed in order to prevent a more serious harm. -​ Extremely limited -​ Provocation: an accused claims that he or she was provoked into committing a crime. -​ Self-defence: an accused argues that the harm that was inflicted on another person was carried out to ensure the defendants safety or the safety of others. 3.​ Excuse Defences -​ Age: a defence that considers immaturity and recognizes that youth under 12 years of age cannot be held criminally responsible -​ Automatism: an involuntary act where an individual is in a state of impaired consciousness and lacks the intent to commit a crime. -​ Mental disorder: a defence that persons suffering from a mental disorder are incapable of forming mens rea to be held fully accountable. -​ E.g how many of these happen every year? -​ Mistake: accused persons claim they were… -​ Unaware they committed a crime (mistake of law)  -​ Or they committed a criminal act but honestly believed they were not breaking the law (mistake of fact) -​ They committed a criminak act bur honestly believed… Defences -​ These are all things that help justify an act -​ In criminal trials, defendants and their lawyers fous on trying to establish one of these -​ The crown, in turn tries to prove beyond a reasonable doubt that these defences do not apply Summary -​ In all criminal proceedings, a prosecuter must prove beyond a reasonable doubt that… -​ They accussed committed a guilty act (actus reus) -​ The accused intended on committing the crime (mens rea) -​ The act and intent occurred at the same time Conclusion -​ Individuals charged with a crime can use a number of jusitifcations or excuses for their criminal conduct: justification, excuse, mistake -​ Defenses only have to establish a reasonable doubt: much lower standard, helps to protect individual rights  Week 8 - Criminal Courts and Court Personnel Lecture 2 &3 Courts -​ Likely the best-understood part of the CJS - vicible, commonly in the news -​ Courts play a role in the citizens’ ability to see that justice is done, to protect their rights, and to see that laws are adopted and applied properly. The Structure of Canada’s Court System Four Levels of Criminal Courts 1. Provincial and territorial courts 2. Provincial and territorial superior courts 3. Provincial and territorial courts of appeal 4. Supreme Court of Canada 1.​ Provincial and territorial courts -​ ◦Most of the work of the criminal courts is done by these courts (also called inferior courts). -​ ◦All offenders make their first appearance in these courts. -​ Preliminary appearances -​ Summary conviction offences -​ Small claims court 2.​ Provincial and territorial superior courts -​ ◦These courts hear serious criminal matters and family law cases including divorces. -​ ◦Big trials; indictable offences; etc. -​ Known by different names across the country: -​ ◦ Court of King’s Bench (Alberta, Saskatchewan, Manitoba, New Brunswick) -​ ◦ Supreme Court (Newfoundland and Labrador, Prince Edward island, Nova Scotia, British Columbia, Northwest Territories, Yukon) -​ ◦ Superior Court (Ontario, Quebec)  3.​ Provincial and territorial courts of appeal -​ ◦Hear criminal cases from the provincial and territorial courts or the superior courts. ◦Hear commercial, property, family disputes; negligence claims; bankruptcies; corporate reorganizations. -​ Can: -​ ◦Dismiss the appeal or order a new trial if there were serious errors. -​ ◦Overturn an acquittal case or acquit an individual. -​ ◦Increase or lower sentences imposed by lower courts. 4.​ Supreme Court of Canada -​ has jurisdiction over disputes in all four areas of law: 1.​ Administrative 2.​ Civil 3.​ Constitutional 4.​ criminal -​ Although they receive multiple applications, they hear an average of 56 cases per year -​ They only hear cases that they consider important and having a national interest. -​ Decisions of SCC become case law, and shape how laws are interpreted Steps in Investigations and trials -​ The justice system operates in a sequential manner -​ Order is outlined the Charter and entrenched in the Criminal Code -​ This prevents us from punishing individuals before their guilt has been established 1. Investigation 2. Laying a charge 3. Deciding whether to prosecute 4. Requiring the accused to attend court, entering a plea, and bail 5. Types of offences 6. Choice of trial court and election by the accused 7. Preliminary inquiry or hearing 8. Plea negotiation 9. Trial 10. The verdict 11. Sentencing 12. Appealing the verdict or sentence Investigation -​ An investigation is carried out by the police after the report of a crime or if the officers witness and offence -​ Some investigations fast, other investigations can take years Laying a Charge -​ If the police believe that a person has committed a crime, they may lay a charge -​ Police have considerable discretion in choosing whether to lay charges or no -​ The decision to proceed with a charge may rest on …. -​ ◦the quality of the information -​ ◦the willingness of the witnesses to appear in court -​ ◦the harm that was done when the crime occurred. -​ Police lay charges → deliver ALL RELEVANT INFORMATION to Crown Prosecutor Bail and entering pleas -​ Most individuals are given a notice to appear, which advises them of the date and time to appear in court. -​ But: other people held to await trial -​ ◦Accused must be brought before a justice of the peace or judge for a bail hearing within 24 hours. -​ Accused can be detained until their court date if the Crown prosecutor can successfully argue: 1. The accused is at risk of not appearing in court. 2. The accused represents a risk to public. 3. The release of the accused undermines the public’s confidence in the justice system. Deciding Whether to Prosecture -​ In deciding whether to proceed with a prosecution, Crown attorneys ask two key questions: 1. “Is there a reasonable likelihood of conviction?” 2. “Is it in the public interest to proceed?” Decisions about type of Offence -​ Crown prosecutors have discretion, and choose whether they are going to proceed with … -​ ◦A summary conviction offence -​ ◦An indictable (more serious) offence -​ ◦Dropping the charges/pursuing a plea deal Choice of Trial Court -​ Summary offences are resolved in provincial courts -​ For indictable offences, the accused may choose to be tried: -​ ◦ By a provincial court judge without a jury and without a preliminary inquiry -​ ◦ By a justice from a superior court (such as Queen’s Bench Court) without a jury -​ ◦ By a superior court justice and jury Preliminary Hearing -​ Mini-trial -​ Tests amount and quality of evidence Plea Negotioation -​ Most cases are resolved through plea agreements -​ ◦the accused agrees to plead guilty to lesser (or fewer) offences ◦ -​ ◦Agrees to plead in exchange for a less severe sentence -​ Accepting a plea has a number of advantages for the justice system and the accused: -​ ◦ Trials are expensive -​ ◦Even if a prosecutor has a solid case, there is no guarantee that the accused will be found guilty beyond a reasonable doubt. -​ Juries may also be reluctant to convict some defendants -​ ◦The Crown prosecutor might be reluctant to force a witness or victim to testify -​ BUT: -​ ◦Means people do not get their “day in court” -​ ◦External factors can push guilty pleas -​ ◦Does not necessarily get to “truth” of issue→all about processing people quickly Trial -​ Trial takes place in court in front of judge (and maybe jury) -​ Crown presents arguments first: -​ ◦Presents evidence -​ ◦Question witnesses in a direct examination -​ ◦ Defence counsel cross-examines the prosecutor’s witness -​ ◦Goal: prove case beyond reasonable doubt -​ Defence council goes second: -​ Responds to crown -​ May question witnesses - crown prosecutor cross-examines these witnesses -​ Attempts to raise reasonable doubt -​ Both sides summarize their cases and the reasons for conviction or acquittal -​ After the defence and Crown have summarized their cases, the court decides… The Verdict -​ Whether the crown has the standard of guilt beyond a reasonable doubt -​ Either convicts or acquits the accussed -​ Three decisions: -​ 1. Guilty: accused is remanded into custody to await sentencing -​ 2. Not Guilty: accused is free to go and cannot be tried again on the same charge, unless the Crown prosecutor appeals and the appellate court orders a new trial -​ 3. Hung Jury: jury is not able to reach a unanimous decision and they believe that a decision cannot be reached Sentencing -​ Judges may order a pre-sentence investigation report -​ Compiled by probation officers -​ Goal: give judge detailed picture of individual, so they can tailor appropriate sentence  -​ In cases of plea bargaining, the Crown and defence counsel will make joint sentencing recommendations -​ Judges are NOT required to accept those recommendations when meting out the offenders sentence Appealing the Verdict or Sentence -​ Appeals are requests for a higher court to change a lower courts decision -​ The severity of a sentence can be appealed to a higher court by defence OR crown -​ Need to prove failure in lower courts legal reasoning Assembly-Line Justice -​ Most criminal matters processed by provincial and territorial courts are minor offences that are dealth with quickly -​ The “need for speed” becomes a defining feature of how the CJS deals with these cases -​ The adversarial system is put aside for these minor criminal cases -​ Decisions are made on a shared understanding of punishments for various crimes -​ Probation is the most common sentence -​ Because a high number of inidividuals are appearing without representation, the likelihood of errors occurring during the legal process increases -​ Way that “business is done” in canadian courts -​ Questions of “justice” are often not fully considered due to time and resource constraints -​ Victims are not major part of justice system -​ Victims Bill of Rights 1.​ Right to Information -​ About the CJS, services available to them, and about case in question 2.​ Right to protection -​ Security and privacy must be considered 3.​ Right to participation -​ Have a right to present victim impact statement/have it considered in court 4.​ Right to seek restitution -​ Court may consider restitution order> enforceable in civil court -​ Overall: -​ Questions of “justice” often less important than efficiency -​ Victims typically neglected in broader process  Week 9- Sentencing I Lecture 1 Specialized Courts -​ Specialized courts work with distinctive groups: -​ Persons with mental illnesses -​ Addictions -​ Ongoing behavioural issues -​ Individuals convicted of specific offences such as domestic violence -​ Everyone trained to manage these specific needs in the best way we know how -​ Enable the members of the courtroom work group to develop an expertise in dealing with offenders -​ More cost effective than sending people to prison -​ Relies on support from community-based services. -​ Have a strong rehabilitative outlook -​ But are supported by the coercive power of the justice system. Advantages: -​ Offender screening and assessment of risks, needs and responsibnlity -​ Offenders monitoring- such as drug testing and supervision -​ Graduated sanctions and incentives -​ Treatment and rehabilitative services -​ One of the best ways of restoring the CJS meaningfully Conclusion -​ Courts: -​ Complex and very detailed process -​ Intricate steps/protection of accused rights are crucial: “justice must be done, and be SEEN to be done” -​ Increasing recognition that assembly line justice is not sufficient Sentencing -​ Courtroom decisions: -​ Time consuming and complex -​ Sentencing guided by Charter and Criminal Code, involves victims, offenders and CJS personnel Sentencing Options -​ Court cases: -​ Only about one-third of individuals guilty are sentenced to custody -​ In 2019/20 -​ 70% MORE people in remand custody than in provincial sentenced custody -​ Average stay: -​ Sentenced: 60% less than one month, 30% less than one week -​ Remand; 75%  -​ The most common adult sentences are probation (44%) and fines (31%) Probation: -​ Release of the offender to the community under the supervision of a probation officer -​ Probably the most commonly imposed sentence in Canada -​ Mandatory conditions: keeping the peace, reporting to the court Conditional Sentence -​ Allow offenders to serve their custody sentences in the community if they follow strict conditions -​ Judges can use if individual: is not a threat to the community, has a history of obeying court orders Custodial Sentences -​ Prison time -​ Important sanction -​ Also one of the last resorts of the CJS -​ Harms of incarceration are quite severe -​ Mental health; employment; loss of social ties; violence, etc. -​ Provincial custody: -​ what is the standard? -​ Sentence of 2 years less a day - also includes things like federal parole violations -​ In alberta, automatic release at -​ Federal custody: -​ What is the standard? -​ Two years and over -​ More than hald are sentenced to fewer than five years -​ Most are released to the community prior to their end of their sentences -​ What happens when someone is sentenced to more than one prison sentence? -​ Can serve: -​ Concurrently: multiple sentences served at the same time -​ Consectively: multiple sentences that accumulate -​ Concurrent vs consecutively can get controversial fast.  Week 9 Lecture 2 Sentencing II Other Sentencing options -​ Variations on custody: -​ Intermittent sentences: if less than 90 days, judges can order that a sentence be served intermittently -​ Typically: offender works weekdays, goes to jails on weekends -​ Follow probation conditions on weekdays Non-Custodial sentences -​ Absolute discharge: found guilty, but no conviction is registered -​ More common for first time and younger adult offenders who have committed relatively minor offences. -​ Conditional discharge: individual is ordered to complete/fulfill specific conditions -​ After conditions are met, discharge becomes absolute -​ If conditions NOT met/breached: judge might revoke the discharge and the original conviction remains on their criminal history Interprovincial Sentencing Differences -​ Significant differences exist between provinces -​ Reasons for differences are complex: -​ Provinces with the higher rates of police reported crime have the highest use of custodial sentences -​ Province with larger numbers of indigenous peoples and visible minority populations had higher custody use. -​ Some provinces are more severe -​ Geography may play a factor in severity e.g. rural youth punished more frequently than urban youth -​ Overall: inter-provincial differences need much more research attention The Principles of Sentencing -​ There are a number of principles of sentencing: Proportionality -​ Is the most important principle sentencing as sentences must reflect:​ The seriousness of the crime -​ The offenders responsibility in committing the crime -​ Judges have to consider: -​ Individual factors about the offendor -​ The nature of the crime -​ The offendors role in the offence -​ Leads to variation in sentencing Aggravating/MItigating Factors -​ Aggravating factors: facts related to the offence that might lead to a more severe sentence: -​ If the offence involved a particularly vulnerable victim such as a child -​ If the crime was related to bias, prejudice, or hate -​ Mitigating factors: facts related to the offender that might encourage a judge to impose a less severe sentence -​ If the individual is a youth, young adult or first time offender Totality -​ Considers the overall length of a sentence and requires that a single global sentence to be imposed to avoid an unjustly long sentence -​ There are limits to the severity of punishment that can be meted out using consecutive sentences -​ Sentencing in canada is intended to be just and fair -​ Experienced Getting Tough on Offendors -​ The conservative government (2006-2016) increased the severity of sentences for offenders -​ Penal populism refers to political “tough on crime” policies that are used to win -​ Most canadians want lengthy prison sentences imposed on serious and violent offenders -​ HOWEVER -​ Criminoligists believe that sentencing practices should be rational and guided by research -​ The least restrictive options should be used for offenders -​ Harshest sanctions should be reserved for the most serious and violent offenders -​ Problems with getting tough on offenders -​ It is expensive -​ Incarceration can be harmful to both offenders and their families -​ Disruption on their community reentry -​ Future employment prospects go down the drain -​ Efforts to restore their lives -​ If there are less restrictive and more cost-effective options for offenders, we can reserve the harshest sanctions for the most serious and violent offenders Mandatory Minimum Penalties -​ Mandatory minimum penalties (MMPs) remove the discretion from the judge -​ Anybody found guilty of the offence receives the minimum sentence regardless of any mitigating circumstances -​ Judges can impose sentences that are longer than the minimum -​ Judges are obliged to impose the mandatory sentence on the convicted offenders -​ MMPs are an example of a CJ policy Pre-Sentence Reports -​ PSRs have been criticized because: -​ They could include hearsay information -​ They may contribute to higher incarceration rates of some marginalized people Week 9 Lecture 3 Guest Lecturer Probation vs. Parole -​ Probation: -​ Imposed by a justice, sometimes in addition to a term of imprisonment -​ Supervised by a probation officer -​ Probation is under the jurisdiction of the provinces and is not used for federal offenders -​ Parole -​ Part of a sentence, and may be granted only by a parole board -​ Includes an initial period of imprisonment following which the offender may live in the community for the remainder of the sentence under the supervision of a CSC parole officer, under certain conditions. Failure to abide could result in a return to prison Sentencing Options Community Sentences -​ Sentences can include: -​ Alternative measures -​ Community service -​ Fines -​ Probation -​ Peace bond -​ Conditional sentence order -​ Custody, followed by a community sentence Court to Community Office -​ PreSentence Reports: provides a comprehensive outline of the client’s journey to the CJS with particular focus on barriers and strengths for successful rehabilitation, allowing the Justice to make an informed decision regarding meaningful sentences and treatment options -​ When sentenced, provided reporting direction -​ Check-in with the Probation Officer in the courthouse who provides a next report date in a community office  Week 10 Lecture 1 Provincial Prisons I Probation -​ Most common sentence -​ Really important sanction -​ Allows for the use of evidence-based practice and careful engagement with individual needs Prisons -​ What do we know about prisons? -​ Imprisonment is a surprisingly new form of punishment -​ Has only been “main” form of social punishment for about 150-200 years -​ What other kinds of punishments have been used? Public execution History of punishment: Pre-Modern -​ Most punishments have reflected an effort to destroy the body or hurt people physically highly in a public sense -​ Exiles The Reforms -​ “...measures are now aimed to affect the ‘soul’ of the offender rather than just to strike his body.” (garland, 1990, 136) -​ Jeremy bentham Eastern State Penitentiary (Pennsylvania System) -​ “The inmate was expected to turn his thoughts inward, to meet God, to repent his crimes, and eventually to return to society as a morally cleansed Christian citizen” (Scharff-Smith, 2006, 456,457) -​ Penitentiary = penitence -​ More commonly found in europe -​ Solitary confinement Auburn (Linear System) -​ Shawshank redemption -​ Striped uniform, mitilaristic -​ Tall linear systems Kingston Penitentiary -​ First prison in canada , at one point the only prison -​ Based on the linear system Canada -​ Two prison systems -​ 1. Provincial- bigger -​ 2. Federal -​ -​ Provincial and Territorial Prisons -​ Provincial prisons: -​ 177 provincial and territorial correctional facilities in Canada* -​ Holding about 20,000 people last year — 73% remanded -​ Range from small sentenced/treatment facilities to mega jails -​ There are about 260,000 admissions to provincial and territorial correctional facilities in canada every year -​ About 110,000 last year were “community admissions” (aka probation, etc.) -​ About 150,000 were “custodial admissions” -​ 71% remanded -​ Prisoner characteristics: -​ Large majority are remanded -​ Nearly 90% men -​ About 25% have committed violent offences -​ Indigenous people over-represented -​ The one constant factor in these places is the constant flow of inmates in and out of these facilities -​ The revolving door of corrections -​ Most persons remanded to custody are held for relatively short periods of times -​ Sentenced individuals” 60% serve less than one month -​ Many correctional centre activities are based on keeping inmates constructively occupied in recreational or work programs -​ Institutional cleaning, building maintenance, doing laundry, preparing meals -​ Longer-term: literacy courses, addictions education, employment or vocational training, or life skills courses -​ Provincial and territorial correctional centres have a short-term orientation toward inmate care -​ Limited rehabilitative programs -​ Not much time to assess the inmates rehabilitative needs and to place them in meaningful programs Week 10 Provincial Prisons II Provincial and Territorial Prisons -​ Most persons remanded to custody arae held for relatively short periods of time -​ ~one week -​ Sentenced individuals: 60% serve less than one month -​ Provincial and territorial correctional centres have a short-term orientation toward inmate care -​ Limited rehabilitative programs  -​ Not much time to assess the inmates rehabilitative needs and to place them in meaningful programs Provincial Programs -​ “Frequent fliers” very aware of this dynamic -​ Some individuals take specific measures to ensure that they receive federal sentence, in order to access programming -​ Long term sentenced individuals sometimes have more options Issues in provincial prisons -​ Historically: -​ Most provincial prisoners held on minor offences -​ E.g. impaired driving, trespassing, common assault, or public intoxication -​ Incarcerated people>> poor and many had substance abuse problems -​ Still true, but: -​ Singnificant increase in gangs -​ Violent/serious crimes -​ Health Issues: -​ Mental health -​ drug/alchohol issues >> exacerbated by the stressful life of prison -​ Women and indigenous people have even higher rates of mental health issues > poses special challenges for prison staff -​ Institutionalization - become used to this way of living and are scared of being released from this institution  Week 10 Provincial Prisons III Issues in provincial corrections -​ Short-term care=poor programming -​ Frequent fliers aware >> look for federal sentences -​ Growth in gangs -​ Growth in violence/violent crimes -​ mental/health/addiction issues -​ institutionalization>> prison as a service provider, people not able to function as well when released Facility Design and Safety -​ Old school: long linear design -​ Fort saskatchewan -​ Modern: open-concept/direct supervision: -​ Tiered cells overlooking common area -​ Limited blind spots -​ Officers physically located on units -​ Edmonton Remand Centre -​ The inmates cells are constructed on the exterior walls of the unit -​ Enables the COs to view all of the rooms at all times -​ This reduces misconduct due to closer supervision Dynamic Security -​ Also reflected in supervision philosophies -​ Direct supervision: a method of inmate supervisor where officers directly interact with inmates -​ Dynamic security: the regular interaction between prisoners and correctional officers that promotes problem solving, informating sharing , and rapport sharing. Security Threats -​ Provincials prisons are increasingly volatile -​ Assaults between incarcerated people -​ Assaults against stuff -​ Opioid overdoses -​ Other drug issues -​ Factors that may influence the number of incidents: -​ Levels of stagg experience -​ Overcrowding -​ Lack of constructive leisure time activities -​ Understaffing -​ Staff and inmate cultures – prison codes, COs often very unsympathetic  -​ What happens when you have complaints about prison staff? Prisoner Advocacy -​ Provincial Ombuds Office -​ Enables incarcerated people to raise concerns about their treatment to investigators from independent government bodies -​ Shifts in how use of force is used in prison: all planned use of force, such as cell-extractions, are now videotaped -​ CCTV cameras now common: record the interactions among inmates and between inmates and staff Correctional Officers -​ Play a key role in establishing the foundation of security in correctional facilities -​ Some COs develop specialized skills -​ Guest lecture after reading week -​ CO duties: -​ Conduct regular cell searches/personal searches -​ Carry out perimeter patrols -​ Confront inmate misbehaviour -​ Conduct counts of prisoners -​ Gather information, and screen incoming mail Conclusion -​ Provincial Prisons: -​ Crucial, and often overlooked part of the CJS -​ Mostly holding remanded individuals -​ Often tasked to deal with “big” problems> limited resources to deal with them -​ Midterm Review -​ Chapter 6,7,8 9 , weeks 7 8910 -​ Will be shorter than last time -​ Week 6/7: -​ Criminal law: origins of criminal law -​ Types of offence -​ Elements of a crime (actus reas and mens rea) and Defenses -​ Courts and burdens of proof (burden of proof lies on crown or prosecutor beyond a reasonable doubt) -​ Week 8: -​ Court levels - 4 levels -​ Powers of courts -​ Process of a court case - the 12 step thing -​ Week 9: -​ Sentencing options/principles of sentencing  -​ Plea bargaining: strengths and weaknesses -​ Problems in sentencing -​ Innovations in sentencing : Specialized courts -​ Week 10: -​ Provincial prisons -​ Issues facing provincial prisons - noticing the bigger patterns -​ Dynamic security Week 12 - Federal Prisons Lecture 1 Federal Penitentiaries -​ Bowden institution -​ Originally: violent and oppressive -​ Kingston penitentiary: built in 1835: -​ “The first warden of Kingston Penitentiary, Henry Smith, was blamed for the mistreatment that went on at that time. Smith would abuse the whip, even flogging women and children; he punished inmates by chaining them up in cells with no light, or in the “box,” a kind of vertical casket.” Canadian Penitentiaries -​ Early 20th century: first reforms: -​ Central management of prisons -​ People with mental illness treated differently -​ Education and improvement programs -​ Still very harsh -​ Second Major Shift: 1960’s-1970’s -​ People called by names instead of numbers -​ Abolition of death penatly -​ Adoption of security classifications -​ Adoption of rehabilitative ideals -​ Modern Penitentiaries -​ Individual rights carefully protected -​ Major focus on rehabilitation and programming: world leader in psychological assessments/treatment -​ Applications for parole formalized -​ Goals of the federal prison system: -​ The protection of society -​ The safe custody of inmates -​ Strict but human discipline -​ Reformation and rehabilitation of prisoners Classification -​ Three security levels in Canadian prisons: -​ Maximum-security -​ Medium security -​ Minimum security -​ Classification based on number of factors -​ Upon intake, incarcerated individual takes a survey -​ About two-thirds of prisoners start in medium security facilities >> move down -​ This referred to as Cascading - Paul Bernardo >> this process of cascading can lower the publics faith in the justice system when dealing with criminals who have committed such heinous crimes -​ Cascading: inmates earn a lower security classification by participating in rehabilitaitve programs and avoiding misconduct -​ Impacts parole decisions Special Needs Prison Populations -​ Special Needs Populations: 1.​ Indigenous offenders 2.​ Mothers and pregnant inmates 3.​ Radicalized inmates 4.​ Aging prisoners 5.​ Prisoners with mental health problems 6.​ Prisoners suffering from FASD 7.​ Gang members 8.​ Women offenders Indigenous Offenders -​ Indigenous-based programs supported by Elders and other indigenous community groups and members Mothers and Pregnant Inmates -​ The CSC has offered a mother-child program since the 1990s -​ Enables children to stay with their mothers until they are five years old -​ Part-time basis afterwards Radicalization/IMVE -​ Ideologically motivated violent extremism  Week 13- Parole and Youth Justice & Federal Prison Issues Lecture 1 Gang Members -​ 10% of federal prisoners are proven gang members -​ At least 65 different gangs operating in Canadian prisons -​ Heavily involved in underground prison economy e.g. drugs -​ Undermine rehabilitative programming -​ Contribute to recidivism once these gang-involved inmates return to the community Women Offenders -​ Account for about 5% of the entire canadian prison population -​ But >> (max security) Blue - indigenous red- non-indigenous -​ Most women prisoners have special needs for physical and mental health care -​ 79% of women admitted to CSC facilities had at least one psychological disorders Programming -​ Significant amounts of programs are available for people in federal prisons -​ CORCAN video -​ Also provide specific rehabilitative treatment: 1.​ General crime prevention programs 2.​ Violence prevention programs 3.​ Sex offender programs 4.​ Substance abuse programs 5.​ Integrated interventions Prisoners with Mental Health Problems -​ Individuals with mental health challenges challenge federal prisons -​ More likely to be involved to higher rates of assaults (as victims as well as perpetrators) -​ ◦More use of force incidents -​ ◦Higher levels of self-harming and suicidal behaviours. Current Issues -​ Federal prisons face a number of significant issues, including: 1.​ Violence  2.​ Solitary Confinment 3.​ Recidivism 1.​ Violence -​ Increasing problem -​ May be associated with gangs -​ Also expanding at rapid rate 2.​ Solitary Confinement -​ In 2015–2016, almost one-half of all CSC inmates were admitted to segregation at least once. -​ Long-term confinement in segregation can increase mental health problems such as anxiety, depression, and other mental health disorders. 3.​ Recidivism -​ Two years after release: 23% (24% of men, 12% women) -​ Five years after release: 38% -​ Indigenous people: -​ Men: 38% @ 2 years, 60% @5 years -​ Women: 20% @2 years Week 13- Parole and Youth Justice Lecture 2 Federal Parole -​ Prisons dont control who is incarcerated -​ They DO control when and how individuals are released - -​ What is parole? -​ What do you know about parole? -​ One of the most misunderstood parts of CJS -​ Standardized and carefully controlled part of release planning -​ The parole board of Canada (2018b) publishes a list of myths or mistaken assumptions related to parole: 1.​ Parole does NOT reduce the sentence imposed by the courts 2.​ Parole is NOT automatically granted - just because youre eligible for it does not mean youre automatically going to get it 3.​ Parole is NOT the same as statutory release 4.​ Parole and probation are NOT the same 5.​ Individuals on parole or statutory release are NOT free to live their lives as they please -​ Probation is a sentence imposed by the court, serving this sentence right off the bat - usually provincial -​ Parole is part of a custodial sentence, serve time in prison, then get released under strict regulations Parole -​ Federal prisoners start earning their parole by working their way down the security classification system. -​ Transition to community usually starts with day parole. - curfews, spend night in prison or halfway houses - can work during the day -​ Prisoners must apply for day parole, and 75% of these applications are approved. -​ Eligible for parole around the ⅓ part of serving their sentence -​ Inidivuals who are successful in day parole may apply for full parole, and if granted, return home -​ Most offenders who have served two-thirds of their sentences are released on a statutory release. -​ Tend to be less successful in their return to the community -​ Timeline for conditional release for a prisoner serving a 6 year sentence -​ Start of sentence: eligible to apply for escorted temporary absence -​ ⅙ of sentence ( 12 months) - eligible to apply for unescorted temporary absence -​ 6 months before ⅓ of sentence (18 months) - eligible for day parole -​ ⅓ of sentence (24 months) - eligible for full parle -​ ⅔ of sentence (48 months) - statutory release (mandatory release) for most offences (does not include homicide offenders) -​ End of sentence (72 months) - warrant expiry data -​ Parole: -​ Helps people re-enter the community -​ In a supported, evidence-based way -​ With the goal of reducing and preventing recidivism Barriers to Community Re-entry -​ There are a number of barriers to re-entry -​ Most cannot be changed by the offender: -​ The offender lacking official identification -​ Uncertainty about where they were going to live and work -​ No supply of their medications -​ The challenges of reconnecting with family and friends involved in crime and substance abuse Summary -​ Parole is a very important tool -​ Best way to help move people from custodial setting into community -​ Still has issues -​  Week 13 - Youth Justice Lecture 3 Crime in Canada -​ Approximately 1 in 4 people in Canada is under the age of 20 -​ 48% of indigenous people under age 25 (31% for everyone else) -​ 10-20% of young Canadians have some form of mental health struggle -​ Drug use substantially higher Youth Crime: -​ In some ways: part of growing up -​ Shoplifting, vandalism, trespassin, drug use or mischief -​ Minor crimes: frequently dealt with by police discretion -​ E.g. bringing kids home to face their parents -​ Can have massive long-term impact -​ Youth imprisonment usually leads to life-long criminal careers -​ Important to keep youth crime in context: -​ Most crimes minor -​ When youth commit violent crimes, leads to questions about the “justice” of alternative measures -​ Moral panics about “youth crime” Youth Crime in Canada: Trends -​ Canadian youth court cases have declined over the past two decades -​ May be because fewer youth are committing crimes -​ May be because of alternative measures we are about to discuss Youth Crime in Canada -​ Most youth offences are relatively minor -​ Downward trend in homicide rates -​ Youth violence: tends to be a group offence -​ 60% of youth accussed in homicides were co-offenders compared to 35% of adults Canadian Youth Justice -​ Pre 1800’s: no special system for youth -​ 1800-1900: -​ Youth crime emerged as concern -​ Youth treated same as adults by system -​ The first national youth strategy in Canada was the Juvenile Delinquents Act (1908) -​ Created a separate youth system -​ Focus on the needs of the offenders instead of the offence -​ JDA philosophy: act “in the best interests of the child.” -​ Problems with the JDA: -​ Grim conditions -​ Poor ideas about rehabilitation: reform schools -​ Some youth charged with a status offence could be sent to a reformatory for an indefinite amount of time : often happened to girls experimenting with their sexuality -​ Interprovincial variation on the upper age limit of the courts jurisdiction existed -​ Many youth did not have access to counsel -​ Round 2: The Young Offenders Act (YOA), 1984-2003 -​ Lowered age minimum to 12 -​ Continued to balance accountability/societal protection -​ Youth now had due process protections and access to lawyers -​ Problems with the YOA: -​ Maximum sentence of 3 years in custody -​ Serious offences still dealt with in adult courts -​ Led to overuse of incarceration: few community based alternatives to custody  -​ Round 3: The Youth Criminal Justice Act (2003) -​ YCJA implemented to deal with the shortcomings of the YOA -​ Applies to youth ages 12-17 -​ YCJA: three tiered system that involves: 1.​ Minimal or no interventions for minor offences 2.​ Youth courts imposing immediate sanctions for offenders who are neither first-time offenders nor serious and violent offenders 3.​ The possibility of adult sentences for serious and violent offences The YCJA principles: 1.​ The protection of the public 2.​ The use of a seperate justice system for youth that is based on diminished blameworthiness 3.​ The use of fair and proportionate sanctions 4.​ The acknowledgement of due process protections for youth The YCJA -​ Strong focus on interrupting criminal behaviour, rather than punishing it -​ Significant tension between punishment and rehabilitation -​ Not inconsistent -​ Often in conflict when applied to a single individual Week 14 - Youth Justice II Lecture 1 The YCJA -​ 2012 YCJA Amendments: -​ Amendments made punishments more severe for serious offenders -​ Amendments emphasized the protection of society - removed some of the barriers to placing youth accused of violent offences in detention or custody -​ Publication bans on naming youth can be lifted -​ Prosecutors are required to seek adult sentences for youth aged 14+ who are involved in homicide, attempted murder or aggravated sexual assault : judge must decide whether an adult sentence is appropriate YCJA: Case Flow -​ Police: first point of contact -​ Police officers can either.. -​ Proceed informally (e.g. by taking no action or by issuing a warning) -​ Refer the youth to a program -​ Charge the youth with an offence -​ Extrajudicial measures -​ Crown prosecutors can… -​ Caution youths -​ Refer them to an extrajudicial sanction program  -​ Schedule a court date -​ Youth may be detained until their court dates -​ Considered a last resort due to the impact that detention can have on their schooling and family life -​ Prison time for youth = great way to learn how to do crime -​ According to the YCJA, youth should not be detained unless: -​ They have been charged with a serious offence -​ Have shown a pattern of re-offending -​ Pose a risk of failing to appear in court or a risk to public safety YCJA: Sentencing -​ Youth do NOT receive the same punishments as adults -​ Explicit focus on keeping youth out of prison -​ Maximium punishment: -​ In case of murder: 10 years -​ In other cases: limited/no criminal record, unless specific conditions are met  Week 14 - Youth Justice III Lecture 2 Case flow -​ Police officers required by law to consider extrajudicial sanctions > major effort to keep youth out of custody -​ In severe cases, may be detained until court -​ Youth court different than adult court -​ Much more collaborative: working toward solution for youth, rather than punishment YCJA: Court sentences -​ Youth sentences in court: -​ Reprimands  -​ Discharge (no sanctions/record) -​ Probation -​ Custody (open and secure custody) - option for intensive rehabilitation for serious offences/ individuals with disorders YCJA: Extrajudicial Sanctions -​ Participation in more formal extrajudicidal measures programs is restricted -​ MUST: -​ Accept responsibility for the offence -​ Youths parents must be aware of their childs participation YCJA: Community-Based Sanctions -​ Similar to adult probation -​ Make up 57% of all youth sentences -​ Youth are permitted to live in the community : must abide by conditions e.g. keeping the peace and reporting to youth court or probation office -​ Community supervision often includes… -​ Deferred custody and supervision -​ Intensive support programs -​ Fine option programs -​ Restitution order -​ Compensation as well as community service and personal service -​ More formal sanctions could be imposed if… -​ The youth fails to fulfill the expectations of the extrajudicial measures or their community-based sanctions Open Custody -​ Youth jails are often specialized -​ Open custody facilities: small, limited-security homes (similar to group homes) located in residential communities -​ Offer a bridge between the community and more restrictive custody placements -​ Most youth placed in open custody facilities go to school or are employed during the day -​ Return to the facility in the evenings -​ Treatment or rehabilitation is either offered in the facility or outsourced to the community Secure Custody -​ Also offered -​ Higher level of security -​ Are intended to prevent escapes -​ Provide a safe environment for residents who present a greater risk to public safety -​ Offer education, recreational activities, rehabilitative programming, employment -oriented programming, employment-oriented programs -​ Similar to the adult correction design e.g. hihg wire dences, fictures are secured to prevent tampering, locked living units  -​ Youth inside these facilities often suffer from -​ Mental health disorders -​ Alcohol and drug dependency -​ Learning difficulties -​ Some have extensive histories of involvement in crime. -​ Higher staff/resident ratio - young offenders more volatile and unpredictable -​ Rate of youth placed in custody facilities has dropped - indigenous youth continue to be misrepresented -​ Disproportionate amount of youth in custody have experienced severe forms of trauma, leading to.. -​ ◦ Disturbed sleep -​ ◦ Difficulty paying attention and concentrating -​ ◦ Anger and irritability ◦ -​ Withdrawal -​ ◦ Repeated and intrusive thoughts -​ ◦ Extreme distress -​ More recognition of trauma in system Youth Interventions -​ Youth justice systems are more responsive to young people who are in conflict with the law -​ Our interventions are more advanced than they were prior to the introduction of the YCJA in 2003 -​ Evidence-based interventions were developed from research on the factors contributing to adolescent crime and the best interventions Summary -​ Canada has experiemented with three different approaches to youth justice: 1.​ The JDA (1908) 2.​ The YOA (1984) 3.​ The YCJA (2003) -​ One common failing og all legislation is that we seldom have enough health, educational, and social service resources to support the efforts of the youth justice system. Week 14 - The CJS: Looking Forward Lecture 3 The CJS: Summing it up -​ CJS: key part of society -​ Primary means of dispute resolution -​ (Ostensible) protection against social harm -​ An effective CJS is a key aspect of the rule of law -​ Provides the ability to redress serious grievances  -​ Institutional means of punishment and social control -​ Issue: badly misunderstood - often poorly implemented -​ Broad social impacts: we are all affected by… -​ Changing police practices -​ Court reforms -​ The effectiveness of correctional systems CJS: positive changes -​ Important to remember: it isn’t all bad -​ Broader shifts over past 100 years are very positive -​ System is imperfect, but generally effective -​ 100 years ago: -​ CJS staff had littel training/were often brutal -​ No national standards -​ Wrongful convictions more common -​ Due process not realistically protected -​ ALSO important to remember: it REALLY isnt all good -​ Expensive band aid -​ Lack of justice for many groups/individuals (overreperesentation of indigenous people) -​ CJS: used to address Indigenous colonial trauma -​ Indigenous people: still overrepresented as both victims and offenders CJA: Change going forward -​ PESTEL analysis: -​ Political changes -​ Economic factors -​ Social Changes -​ Technology Political Changes -​ Crime is political -​ Election cycles; public pressure -​ Legislators establish priorities based on: -​ Public and stakeholder input into policies and practices -​ Practices that may or may not be based on evidence, cost-benefit analyses, or ither forms of research -​ Gaining public support in order to win elections -​ Legislators establish priorities based on: whoever yells loudest -​ Future challenges: -​ Penal populism -​ Funding to visible interventions (police) instead of effective interventions (addressing social safety net) -​ Political interference Economic Factors -​ 2001-2017: -​ Policing costs: up 82% -​ Prison costs: up 60% -​ CSI decreased by 30% -​ Costs are crippling -​ 15% of edmonton budget -​ 437.4 million: -​ $422.9 million base -​ $9.2 million in growth -​ $1.2 million in inflation -​ $3.8 million in salary settlements -​ Not including “surprise’ factors Social Changes -​ Significant shifts in cultural and demographic composition of Canada over past three decades -​ rural> urban migration -​ Immigration -​ Shifts in what is considered “acceptable” -​ Young indigenous population growing> limited meaningful efforts to address community problems -​ Overrepresented as victims of crimes as well - 24% of homicide victims in 2017, likely higher now -​ Demographic shifts: -​ Aging population -​ BUT: youngest population of G7 due to immigration -​ Shape perceptions toward crime and the justice system -​ Polls: better opinions of police in 2018 than in 2012 -​ Pre 2020 BLM protests -​ Laws also reflect our changing social interests -​ Polls suggest canadians are more concerned about: -​ The economy -​ Health -​ Education -​ Social services -​ Less concerned with crime Technology -​ Significantly redefining crime and the CJS  -​ Internet permits greater number of victims -​ Cross-border impacts > limited enforcement -​ Criminals more nimble than law enforcement -​ Internet-based crime: increasingly serious -​ CJS responses are slow and limited -​ Macewan university cyber crime - $11.8 million lost -​ technologically -abetted crime on the rise: -​ 3D printers > can now make guns -​ drones> smuggling drugs into prison -​ Police: -​ Facial recognition software, online data tracking, etc. -​ Harms to privacy -​ Technology also creates new problems: -​ Fentanyl: result of global supply chains> increased technological sophistication -​ New technology = new crimes -​ ‘Hacktivists’ -​ Industrial espionage -​ Economic warfare> nation-state actors Finals - cumulative -​ All short answers from the last chapters Week 15 - CJS Looking Forward II LAST LECTURE Environmental Factors -​ Climate change: -​ Becoming more volatile -​ Increasingly: people are displaced -​ Often managed by CJS -​ Need for more environmental enforcement - increasing body of environmental law -​ More opportunities for front-line enforcement roles like conservation officers -​ Increasing number of environmental offences in the courts -​ Greater demand for police trained in disaster management \ Legal Changes -​ Due process: -​ Crucial part of CJS -​ By strengthening individual rights, end up reducing errors/increasing legitimacy of CJS -​ This makes us all want to obey the law -​ Issues: disproporitionately influenced by Supreme Court of Canada (SCC) -​ SCC decisions significantly shift how the CJS operates  -​ About two dozen issues related to the criminal law each year -​ SCC: may increase/decrease due process protections of suspects -​ SCC changes to laws are important, dynamic, and controversial -​ Seeks to balance due process protections with public safety Conclusion -​ These shifts all impact the future of the CJS -​ Increasingly broad debate over role of CJS in society -​ May change how we treat punishment and crime in future -​ Should centre negative impacts of CJS on vulnerable people Final Review Final 95 marks total 20 marks short answer -​ Short answer questions drawn from content AFTER reading week -​ Pre-reading week: -​ Types of Crimes? Property, violent gets most media coverage -​ Philosophies of punishment? - deterrence, retribution, incapacitation, restitution, rehabilitation, restorative justice -​ Measurement of crime? - CSI, UCR, victimization surveys - dark figure of crime roughly ⅔ goes unreported -​ Policing philosophies? Robert peele? Police are the community, and the community is the police -​ Community policing and the three big principles - decentralization, problem solving, citizen involvement -​ Policing styles? -​ Main functions of police in Canada? Maintaining peace, emergency reponse, crime prevention , restoring order, assistance to victims, other duties -​ Levels of court? SCC, appelate court, proincial and territorial superior courts, provincial and territorial inferior courts -​ Elements of a crime? Actus reas, and mens reas -​ Defenses? Alibi, justification, excuse -​ Most common punishment? PROBATION -​ Characteristics of provincial prisons? Revolving door of corrections, programs about keeping people occupied more so then about rehabilitation Chapter 10 Federal Prisons  -​ Violence levels? - most violent offences, increasing amounts of violence in prisons -​ Specific high-needs groups? 6 groups - Ashley Smith case -​ Mental health? -​ Parole: -​ Myths? It always is granted (dont automatically get it Have to apply and meet certain conditions), NOT the same as provincial probation, parole doesnt reduce the sentence that the courts submit -​ Statutorry release AUTOMATICALLY granted after ⅔ of sentence -?