CRM100-031/041 Criminal Justice In Canada Course Outline PDF

CRM100-031/041 Class 1 – Introduction 1.Course Details – see course outline 2.What Do We Mean By “Crime”? –Challenges to defining crime 3. Competing Models of Defining “crime” –Value Consensus vs. Conflict Models of Crime –Prohibiting vs regulating behaviour 4. Competing Models of the Administration...

CRM100-031/041 Class 1 – Introduction 1.Course Details – see course outline 2.What Do We Mean By “Crime”? –Challenges to defining crime 3. Competing Models of Defining “crime” –Value Consensus vs. Conflict Models of Crime –Prohibiting vs regulating behaviour 4. Competing Models of the Administration of Justice -Due Process “vs” Crime Control -Limits on Charter Rights 5. Discretion in the Criminal Justice System 6. Questions for Further Consideration  Course Details Method of Instruction: Lectures, content analysis, readings, films and podcasts. This course, tests and exams are offered in person only. The University has suspended all Covid-19 public health measures. This means that, to attend class, masks are not required. However, students should feel comfortable wearing one if they chose. Please be respectful of all student choices. ***Respectful classroom behaviour Required Text: Griffiths, C. Criminal Justice In Canada: A Primer. (7th Edition). Emond Press Available either digitally or in hard copy at the following link: https://campusstore.torontomu.ca/topic/ebooks-textbooks Additional readings will be posted from week-to-week. They will either be uploaded directly into the course shell along with weekly class notes, or found under “Resources/Library E-reserve” in D2L. This will be clearly indicated in the schedule, below. Methods of Evaluation: Changes may be made in course requirements, evaluation weights, required readings, and/or test dates. Students will be notified of any changes and changes will also be posted on D2L. Term Test 1 (October 8th/9th)* 25% Term Test 2 (November 19th/20th)* 35% Final Exam (Date and Time TBD)** 40% *The structure and format will be announced in class. **The Final Exam Period is from December 4th-15thth. You are expected to be available to take the exam in person. Do not make travel or other personal arrangements that may conflict with those dates; they are not valid excuses for missing the exam and you will not be accommodated.  2. What do we mean by “Crime”? One (Unsatisfactory) Definition of Crime: an act or omission that is prohibited by criminal law” Requires an act (actus reus) and mental element (mens rea) There is no legal defence or justification for committing the act; and Violates a provision in the criminal law This definition does not say anything about the substance of the act Challenges to Defining “Crime” There is very little agreement on what is “bad” behaviour and whether something should be criminal at all – examples? Behaviour that is “bad” is not always criminal- examples? We agree that some behaviour should be criminal, except under certain circumstances – examples? “the same behavior may be considered criminal in one society and an act of honour in another society or in the same society at a different time” (Rosenfeld, 2009, cited in Griffiths, 2024, p. 8) Examples – medical assistance in dying, possession and use of cannabis -other examples? It is perhaps more accurate to refer to the “social construction of crime and criminality”  3. Competing Models of Defining “Crime” Value Consensus Model of “Crime” The view that crime and punishment reflect commonly held opinions and limits of tolerance Assumes that there is consensus on what should be against the law Through the law, society reaffirms social boundaries, values and maintains social cohesions Crimes are “mala in se” ie crimes “in themselves” or inherently bad Conflict Model of “Crime” Crime and punishment reflect the power some groups have to influence the formulation and application of criminal law The law is one tool which the “powerful” use to protect their interests and maintain control over less powerful individuals and groups in society Crimes are “mala prohibita” ie crimes only because they happen to violate a statute. There is nothing inherently bad about those behaviours “Prohibiting” (criminalizing) vs. “Regulating” Behaviour ‘criminal’ behaviour is generally prohibited – more likely to be ‘true’ crimes ‘criminal’ behaviour (and criminal law) is the jurisdiction of the federal government ‘regulated’ behaviour is generally not criminal -examples? all levels of government have responsibility for regulating behaviour -examples?  4. Competing Models of the Administration of Justice i.e. what are the values and guiding principles for how the criminal justice system operates? How do we protect individual accused persons? How do we protect the larger interests of society? What are some of the professional principles the guide decision-makers within the system? (Griffiths, Ch 2) Due Process Model the state possesses extraordinary powers individual citizens are weak in comparison to the state the criminal justice system is one of the most coercive arms of the state we must protect individual accused persons when faced by criminal allegations by the state by creating barriers to the exercise of state power  rights accorded to accused are there to ensure that the state meets very high standards, and bears the burden of proving guilt beyond a reasonable doubt each stage in the cjs is seen as a hurdle that the state must overcome in order to process an accused deeper into the system the distinction between legal guilt and moral guilt The primary example of due process is the Charter of Rights and Freedoms: 10. Everyone has the right on arrest or detention…to retain and instruct counsel without delay and to be informed of that right; 11. Any person charged with an offence has the right: to be informed without unreasonable delay of the specific offence; to be tried within a reasonable time; not to be compelled to be a witness in proceedings against that person in respect of the offence; to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; not to be denied reasonable bail without just cause; Crime Control Model primary goals is the protection of the public through deterrence and incapacitation vs. the protection of individual rights concerned mostly with the efficiency and speed of processing cases through the cjs it depends on a high number of cases processed with the minimum amount of interference  operates on the presumption of guilt - if you make it to the court stage, you are probably guilty geared toward encouraging guilty pleas the truly innocent will be screened out at the early police stage Limits to Rights as set out in the Charter of Rights and Freedoms: Section 1 guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 24. (2) Where, in proceedings under section (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. The Nothwithstanding Clause: 33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Question: Which model do we have in Canada? Throughout this course, we will challenge the assumptions of BOTH models, as well as the popular (American TV) images of how things “really” work.  5. Discretion in the Criminal Justice System “the freedom to choose between different options when confronted with the need to make a decision” Often left up to one’s ‘professional judgement’ It also involves doing nothing An inherent part of the administration of justice Exercised by community, police, Crown, judges, correctional authorities Has both positive and negative outcomes Mechanisms developed to limit or control it include policies, mandatory sentences, judicial precedent  6. Questions to Consider: What are the main differences between conflict and consensus theories? Is there a middle ground? Do we adhere to a due process or crime control model of the administration of justice? Explain your answer Do you think the exercise of discretion has a positive or negative impact on “justice”? Why do you say that?  Next week: Defining and Measuring Crime ***Note about readings: You do NOT have to know all the numbers and statistics; I uploaded the readings by Cotter and Moreau so you can see how we describe crime