Crm1300 Final Review PDF

CRM1300 FINAL REVIEW **Chapter 6** Wrongful Convictions - Definition: People who have been found guilty of a crime that they did not commit - Causes - Rushing of the process - Plea Deals - Biases in the justice system - Corrupt Officers - [Faulty Eyewit...

CRM1300 FINAL REVIEW **Chapter 6** Wrongful Convictions - Definition: People who have been found guilty of a crime that they did not commit - Causes - Rushing of the process - Plea Deals - Biases in the justice system - Corrupt Officers - [Faulty Eyewitness Testimony] - \#1 cause for wrongful convictions - Causes: - You could forget information, could be a lot of time between the trial and the incident - Outside influence - You could witness something high profile and make it a part of your own recall of events - Other witnesses comparing information - In high stress situations, your brain goes blank - Probing questions / suggestibility - Under the influence of any substances - Poor vision (darkness, weather, distance) - Weapon focus (people tend to fixate on the weapon, we're less likely to take in detail from the individual) - Confessing to a crime you didn't commit - 90% of people wouldn't confess to a crime they didn't commit - Why would you confess to a crime you didn\'t commit? - Voluntary False Confession - An individual confesses without any pressure from the police - Ex: threatened by gang member, to protect someone, notoriety - Coerced-Compliant False Confession - An individual confesses to a crime they didn't commit because of: - An intense interrogation - Duration, hunger/thirst/exhaustion, emotionally draining -- psychological forms of torture - The use of lies - Lying about evidence, witnesses - The gain of a promised or implied reward - A lesser sentence (plea bargain), to go home - Coerced-Internalized False Confession - An individual confesses because they falsely come to believe they are guilty - They're being told that they did it, they were under the influence, subjective or repetitive questioning, presence of authority Misinformation effect - Definition: When our memory gets contaminated as a result of subjective questioning, influence by the news or what other people have to say History Lesson - Inquisitional Chair - Head Crusher - Rack - What's the issue? - People are going to confess to crimes they didn't commit simply to end the pain. And it's nearly impossible to revoke an admission of guilt once it's made **\ ** **Chapter 7** Canada v. America - No gavel in Canada - Defense and prosecution are expected to remain behind their tables Structure of the CCS - Provincial Courts - More minor offences, summary conviction offences - Superior Courts - More serious offences - Court of Appeal - Supreme Court of Canada - Found in Ottawa - Most common offence in adult court is: impairment then theft then assault Criminal Proceedings - Who does the Crown prosecutor represent? - The government / The people / The State / The Monarch - What is their goal? - Prove guilt beyond a reasonable doubt - Accused committed guilty act that they intended on (motive so mens rea) and demonstrate concurrence (mens rea and actus reus happened at the same time) - What is the goal of the Defence counsel in criminal proceedings? - To try and raise doubt - What does R. stand for in criminal proceedings? - Regina or Rex Section 10(b) - The right to legal representation - Legal Aid - Provincial assistance that is super exclusive (only low-income / below 19k income) to help people who may not be able to afford legal representation Section 11(b) - Any person charged with an offence has the right to be tried within a reasonable time - Summary: 18 months - Indictable: 30 months Section 11(c) - Any person charged with an offence has the right not to be compelled to be a witness in proceedings against that person in respect of the offence - Aka an accused is not required to take the stand - If you go up and don't answer questions you can be charged with obstructing justice or being in contempt of court - Can be forced if they receive a subpoena, but protections Section 11(d) - The right to a public hearing by an impartial tribunal - Open Court Principle - As a general rule, all court proceedings take place in open court (they're accessible to the public and the media; all names concerned in trial are made public) to make the court system transparent (courts in the old days used to have lots of bias, now there's no justice if they're secret) - No **cameras** in Canada general courts! But yes, in the Supreme Court of Canada. Opposite for US. - Publication ban - Definition: You are still permitted in the court room, but prohibited from publicly sharing information about the case in any shape or form that could identify anyone. (applies to everyone) - Why would a publication ban be put into place? - The accused is a minor (automatic publishing ban) (SIDE NOTE: occasionally, if the crime is a serious offence, the judge can make the decision to lift the publication ban) - Involves any organised crime - Sexual Assault / Sexual Natured cases - To protect vulnerable witnesses - To protect the privacy of justice system participants (e.g. officer who did an undercover drug force or police informants) - If you fail to follow a publication ban: - 5k fine or up to 2 years less a day in jail - Examples: - Sexual assault survivor got in trouble for breaching the publication ban when she shared the court transcript -- not even the victim can breach the ban - Rehtaeh Parsons, 15 (automatic ban), got drunk, she was sexually assaulted by several boys, a guy engaging in sex with her got taken a picture of while penetrating her, she was cyberbullied because the photo circulated rapidly online, she took her life, her family got the ban lifted through rebelling - **Amendment - 2023 -- Bill F-12** - No longer can a victim be prosecuted for breaching their own publication ban Section 11(e) - Any person charged with an offence has the right to no be denied reasonable bail without just cause - Aka the right to bail - Why is it important - You're innocent until proven guilty, just because you're charged with a crime, it doesn't mean you're guilty Section 11(f) - Anyone facing a sentence of 5 years or more in prison have a right to a trial by jury. Section 13 - A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness is any other proceedings, except in a prosecution for perjury or for giving contradictory evidence - Aka protected against self incrimination Pleading the Fifth - Fifth Amendment of the Constitution -- exercising their right to remain silent and not incriminate themselves - Not a thing in Canada, we know of our right Judicial Interim Release - Bail - When a person charged with a criminal offence is released from custody and they can return to the community while awaiting their trial - Bail hearing (the decision to grant or deny bail) happens within 24hrs of a person being detained. - If granted, they are released with or without conditions - Conditions: - Can't leave certain location - House arrest - Prohibited from consuming drugs - Stay away from certain people - If denied, the person is remanded into custody and returned to jail, remaining there until their trial date. - Why? - Risk of flight - Risk of committing further crimes (recidivism) - Risk to public safety - Release would undermine public confidence in the CJS - Types of Recognizances - R without deposit (promise to appear) - Forfeit \$ for failure to appear - R with deposit - \$ left with court to ensure appearance - Average amount: 2,7k\$ - A surety - A person who will ensure that the accused will follow their conditions and appear in court - If the accused doesn't show, the person responsible has to pay! Arraignment - When the accused appears before a judge, and is informed of the charges against them (formally charged) - The accused will enter a plea: - Guilty - Not Guilty - What % defendants plead guilty? 90% - If they plead guilty a sentencing date is set - If they plead not guilty a preliminary hearing or a trial date is set Preliminary Hearing - Court proceeding to determine whether or not there is enough evidence to go to trial - Crown and Defence can present evidence and question witnesses - Crown does not have the burden of proof - To prove 'guilt beyond a reasonable doubt' - Judge uses the legal standard of 'probable cause' (is there enough evidence presented that there is a probable cause that the individual would be found guilty?) - Reserved for indictable offences punishable by 14+ of imprisonment - Purpose: - Avoid placing a person on trial unnecessarily - Gives the accused the opportunity to see the case against them Plea Bargain - Definition: Any agreement by the accused to plead guilty in return for some benefit - 4 Types - Charge - When the defendant pleads guilty to a less serious crime than the original - Court - When the defendant pleads guilty to some of the charges in exchange for the other charges being dropped - Sentence - When the defendant pleads guilty in exchange for a less severe sentence - Procedural - When the defendant is charged with a hybrid offence and now pleads guilty for the summary conviction offence - Advantages of Plea Bargains: - Increases efficiency - Guarantees some form of punishment - Saves money and resources - Aid in the prosecution of others / evidence against others - Serves them as a victim / witness from having to go through the court process - Spare the victim from being revictimized at trial - Disadvantages of Plea Bargains: - Not enough closure to families - Result in wrongful convictions - Gives the Crown a lot of power, not impartial jury or judge making the decision - No transparency (happens behind closed doors) - Victims have no say - Once a deal is made, it's nearly impossible to revoke the deal The Jury - You must be facing a sentence of 5 years or more in prison to have a right to a trial by jury. (section 11(f)) - Who is eligible to serve on a jury? - Canadian Citizen - 18+ - Resident of the province / territory where the trial is taking place - No criminal record for an indictable offence - Who is exempted? - Lawyers / students of law - Correctional officers - Doctors in active practice - Coroners - Police / probation - Firefighters, veterinarians, paramedics in active practice - Members of Senate / House of Commons - Members of the Armed Forces in Active Service - Jury duty is a legal and civic duty, meaning you [cannot] ignore it. You can be fined up to [200\$]. - Can you request and exemption? - Yes, for: - Medical Condition - Pregnancy / Breastfeeding - Dependence at home / family responsibilities - School (full time uni student) - Travelling - Employers cannot threaten to fire an employee if they have jury duty, they must give their employee the time off but aren't legally required to pay them while they're away. - Jury pay: - BC: 1-10: 20\$, 11-49: 60\$, 50-end: 100\$ - MB:1-10: 0\$, 11-end: 30\$ - SK: 80\$ daily - QC: 1-56: 103\$, 57-end: 165\$ - NF: not paid, employers have to pay full wages / benefits - You are not eligible for jury for the following 3 years after being a part of jury selection. Juror Selection - Court randomly selects potential jurors from jury roll (voters list in Ontario) - Jury summons is sent in the mail - Jury panel congregates at courthouse and are questioned by the lawyers under oath - The lawyers exercise a: - Challenge for Cause - When they believe the juror is unsuitable to serve on the jury, often because they find them biased, the lawyers must state why they think the juror is not suitable. Once made the final decision rests with the judge. - Peremptory Challenge - When a lawyer can get rid of a potential juror without reason - Max 20 peremptory challenges (high treason and 1^st^ d.m.), 12 on other offences - Abolished in 2019 because too much bias - 12 jurors are selected - Why are there sometimes more jurors? - Alternate jurors to ensure no delays / sub someone in because - Pandemic (covid) - Medical emergencies - People are not notified when they are alternate jurors, so that they take it seriously. Only when it is time for deliberations, the alternates will be informed of their position and they are discharged. Poll - Jurors cannot ask witnesses questions. - Jury's decision is based on a unanimous decision. - It is called a mistrial / hung jury if they can't decide. - The jury doesn't go home if they cannot make a decision by the end of the day, they will be sequestered (kept in isolation) - No reason is provided for the jury's decision, a judge does give reason. - Jury can only play a role in sentencing when it involves second degree murder (can suggest when deciding parole) - Jurors cannot discuss the detail of the jury deliberations after the trial. (jury secrecy rule -- issue: can't speak to mental health professionals -- Jan 2023 Bill S-206: no longer forbidden from speaking to them after the trial -- US = free for all) Jury Nullification - Definition: when a jury returns a 'not guilty' verdict even though they believe the defendant has broken the law because they believe: - The law broken is unjust and unfair - The conviction and punishment is worse than the crime committed. - Defence lawyers cannot allude to the possibility, juries must be aware of this power on their own. Specialized Courts - Definition: courts that specialize in working with distinctive groups of offenders and provides an alternative to jail - Goal: Address the root of the problem to eliminate the criminal activity (rehabilitation) - Examples: - Youth - People charged with DA - Offenders with an underlying drug addiction / mental health issue DTC (Drug Treatment Courts) - To eliminate drug use and related criminal activities by facilitating treatment for drug-motivated offenders - Eligibility: - Be addicted to drugs and commit crime as a result - Be charged with a non-violent offence - Plead guilty - Be willing to accept treatment - Appear before a judge on a regular basis - Undergo frequent and random urinalysis - Develop skills to promote re-entry into community - Consequences of breaching program requirements: - Graduated sanctions: - Warnings / conditions that gradually become more sever to the point where enough is enough and they're kicked out - Use of coercive power to entice the individual to comply with their treatment - Completions of DTC - Successful - 12-16 weeks - Can receive non-custodial sentence - Charges will be stayed - Unsuccessful - Appear in traditional criminal court **Chapter 8** Scared Straight Programs - Research has shown that Scared Straight Programs / Consider the Consequences are not effective - No one thinks they're going to get caught - Belief it's a dramatization - Doesn't address the root of the problem - Doesn't have a long term effect How do Judges Decide? - Proportionality - 718.1 of The Criminal Code - The sentence must reflect the seriousness of the crime and the offender's responsibility in committing the crime. - 718.2 of The Criminal Code - Allows judges to consider aggravating and/or mitigating factors at sentencing. - Aggravating: Factor that influences the sentence an individual may receive to be more severe - Ex: vulnerable victim, previous criminal record, significant physical injury to the victim, bias/hate/prejudice towards victim, lack of remorse, premeditated, abuse of a position of authority, etc. - Mitigating: Factor that influence the sentence an individual may receive to be less severe - Ex: first time offender, pleading guilty, age, underlying addiction, good character, remorse, cooperation with police, low risk of recidivism, etc. - 718.2 (b) of The Criminal Code - A sentence should be similar to sentences imposed on similar offenders, for similar offences, committed in similar circumstances. - 721 of The Criminal Code - Allows the judge to request a pre-sentence report - A biography about the offender Mandatory Minimum sentences Sentencing Options - Absolute discharge (minimum sentence) - The person is found guilty but there's [no conviction] (means if you're ever filling out a job application you can click no because you weren't convicted) - Reserved for young offenders or people who have convicted a very minor offence or their first offence - Conditional discharge - The person is found guilty but they have to now comply with conditions and when they're fulfilled there's no conviction - It will only appear on your criminal record for three years - Suspended sentence - The person is found guilty and convicted, it stays on your record, you have to fulfill some conditions and once done it'll still be on your record - Community service - The judge says that you have to do x amount of hours of good duties / services to the community - Fine - You are going to pay the money to the court - Restitution - Offender makes payment to the victim Capital Punishment - Abolished in 1976 - Could be seen as an easy way out, contradictory (killing = bad so we kill you) - More expensive than incarceration Probation - Most common sentence, community sentence under the supervision of a probation officer - Conditions: - Mandatory Conditions - Keep the peace and be of good behaviour - Report to the court when required - Report any significant changes (address, employment, name) - Optional conditions - Optional for the probation officer toe assign this condition - Ex: staying sober, remaining in a specific location, attending counselling, curfew, electronic monitoring, etc. - When violated, it's based on the discretion of the probation officer: - Do nothing - Council the probationer - Charge with probationer with 'breach of probation' (hybrid offence -- sum: max 18mths and 5k, ind: max 4 years) - Better to have fewer conditions! - Focus is on rehab, probation officer is like a social worker (US focus is more on control, probation officer is like a police officer) - 25% are unsuccessful, to increase success: - Risk-Need-Responsivity Model - Risk: - Match the level of intervention with the level of risk associated with the offender, if they're a higher risk of reoffending, they'll be focussed on - Need: - Identify and try to treat their unmet needs that are associated with their criminal behaviour (to reduce recidivism) - Criminogenic factors: lac of employment, alcohol abuse, drug addiction, anger issues - Responsivity: - Tailoring intervention to the distinct needs of each offenders (looks at the individual as an individual, considering their strengths and weaknesses, they're age, ethnicity, who they are - Time - Max adults: 3 years - Max youth: 2 years - Average adults: 1 year Conditional Sentence - Community sentence - Only eligible for under 2 year sentences, average length of 8 months - Controversial: people who have committed crimes against the person have been given these sentences - Mandatory and Optional Conditions - If breached they serve the rest of their sentence in prison - Advantages v Disadvantages - CJS - Advantages: - Eases the pressure on prisons (reduces overcrowding) - Moves the focus to rehab - Cheaper - Disadvantages: - Citizens lose faith in system - Backlash from media - Lacks deterrent - Offender: - Advantages: - Avoids jail - Still a member of the community / allows them to contribute to society - They can pursue their hobbies - Lives aren't completely ruined - Disadvantages: - Being in the community can lend to temptation to recommit crimes - Stigma / shame associated with it - Victim: - Advantages: - Reconciliation with the offender - Could be seen as a proportionate punishment - Disadvantages: - Feeling revictimized - Cause them mental distress - Regret of coming forward since it wasn't seen as worth their time / Pushes victims not to come forward - Triggering and traumatising Incarceration Statistics - Highest rate: US - Lowest Rate (highest to lowest): Finland, Japan, Iceland Custodial Sentence - Offender serves sentence in custody - Two types of adult correctional systems: - Provincial - People denied bail and waiting for their court date, people awaiting bail, people serving less than two years - Federal - Overseen by CSC (correctional services of Canada) - People who are serving 2 years or more - How much to incarcerate a male federal offender per year? - 120k - Females? - 230k - Why: there are fewer female offenders so it's more expensive to run them - Individuals serving time for more than one offence can be ordered to serve their sentences: - Concurrently - When they have multiple sentences, then they are serving them at the same time - Consecutively - Serves them one after another - 718.2 (c) of the Criminal Code - Where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh - Reflects the sentencing principle of 'totality' - Considers the overall length of a sentence and requires that a single global sentence be imposed to avoid an unjustly long one - Section 12 of the Charter of Rights and Freedoms - "The right to be free from cruel and unusual punishment." - It is now unconstitutional to give consecutive life sentences Prisons (Federal) - 3 types of security risks - Lowest: minimum - Institution that may not even have many fences, cottage looking -- doesn't look like a correctional facility - Medium - Little bit of minimum mixed with maximum - Most offenders are classified as medium - Most intense: Maximum - Security systems, barbed wire - Custody Rating Scale - Looks at: - Potential for escape - Potential to violate institutional rules - Potential to be a danger to others (within a prison or if they were to escape) - The Special Handling Unit - Equivalent to a super max in the US - Abbr. = SHU - No one goes to the SHU initially, but it's Canada's toughest prison - Who goes there? Prisoners who cannot be managed within the general population of a prison, they've harmed or killed other inmates or guards -- doesn't matter what their initial sentence is. **Chapter 9 -** Reading 246-250 - Institutional Safety and Security - In our best interests that people held in correctional institutions are not returned to the community more damaged than when they were admitted - PTSD from physical violence upon themselves or others - Most inmates already have histories of being victimized / have experience other trauma before their admission - Higher risk of developing psychological problems when they wintess these acts / being victimized - Violence in correctional centres are common and often go unnoticed / unpunished - Uptick in violence -- gang-involved inmates - Facility Design and Safety - 1970s -- Big House design - Long hallways containing cells in a linear layout first introduced in the 1830s - Correctional officers made rounds along the hallways to see what any inmate is doing - Limitation: officers' ability to know what is going on is limited by blind sports caused by the design - Not safe because of large number of blind spots - Today -- New Generation Design - Cells are constructed on the exterior walls of the living unit, overlooking a central courtyard or common area - Reduces blind spots and CO's can view the entire unit - Iron bars replaced by windows, bolted chairs and tables, perimeter fencing (static security), backscatter x-ray systems instead of strip searches - CCTV cameras reduce inmate and staff misconduct, metal and cell phone detectors - Dynamic Security - Direct supervision aka Dynamic Security - CO's have more frequent interactions with inmates - Based on positive interactions and constructive relationships between staff and prisoners - Goal: help inmates develop their problem-solving skills and thus reduce misconduct and recidivism - Assessment and Classification - Classification: assessment of an inmate's risk by the correctional staff members to place the inmate in a facility that best matches the risks they pose - Factors that are assessed during subjective classification: (held overnight in a police cell and appearing in court the next day) - Risk of suicide or self-harm - Health status - Intoxication - Injuries or diseases - Risk of escaping or harming others - Factors assessed during objective classification (provincial correctional centre): - Criminal history - Current functioning (withdrawal from alcohol and drugs, mental health status) - Seriousness of the offence - Gang-involved - Also used to assess an individual's needs to determine the most appropriate rehabilitative placement