Midterm 2 Crim. PDF

Oct 2 Lecture 4 Assignment example Discretion within criminal justice system explain why you chose discretion the policy is abolishing the use of discretion within the context of policing **why** did you choose this policy Crime Rates, Trends and\ Perceptions National Crime Statistics\ are Rel...

Oct 2 Lecture 4 Assignment example Discretion within criminal justice system explain why you chose discretion the policy is abolishing the use of discretion within the context of policing **why** did you choose this policy Crime Rates, Trends and\ Perceptions National Crime Statistics\ are Released annually in Summer time helps us look at much much crime more or less rate of crime which cit is worse\ Analyze/investigate issues, such as:\ How much crime is occurring?\ Is crime increasing or decreasing?\ What is the rate of violent crime?\ Which cities have the highest and lowest\ rates of crime? What do this stats mean and problems Police Reported Crime Statistics\ 2017 -- over 1.95 million Criminal Code incidents reported to\ police\ Increase of 47,000 vs. 2016 (1%)\ Violent Crime- 20%\ Property Crime-61%\ Other Criminal Code offenses: 19%\ Four offenses -- 58% of all crime Most crime commited is property crime Crime Severity Index (CSI)\ Introduced in 2008\ Request by police community\ Measures: seriousness of crime\ Each offense given a weight\ Most serious offenses -- higher weight\ 2017 -- CSI increased by over 2% Crime Severity Index versus Police\ Reported Crime Rate\ PRCR -- measure volume each crime has an equal weighted -- equal\ weighting\ Crime rate: high volume, less serious\ offenses\ CSI- measure severity -- weights\ derived from sentences handed down factors Affecting Police Reported\ Crime Rates\ Demographics: Age structure of population\ 15-24: high risk\ Over 50: low risk\ Leenaars and Lester (2004): proportion of\ population 15-24 was most significant predictor of\ homicide. theft Factors Affecting Police Reported\ Crime Rates\ Social and Economic Factors\ Shifts in inflation -- associated with\ shifts in financially motivated crime\ Financially motivated:\ Break and enter\ Robbery\ Motor vehicle theft Shifts in inflation- break in enter Uniform Crime Reporting System\ "What the Police Say"\ Uniform Crime Reporting System\ "What the Police Say"\ UCR\ Began in 1961\ Standard definitions of all offenses\ Classification of crimes through guidebook:\ Uniform Crime Reporting Manual\ Statistics Canada/Canadian Association of Chiefs\ of Police Uniform Crime Reporting System\ 1961-1988: Police Depts. forwarded\ information to Statistics Canada\ Monthly basis\ 1982: collecting and reporting\ Canadian Centre for Justice Statistics\ Release crime statistics\ Bulletin: Juristat Crime statistics have been delayed or not posted since covid UCR\ First 27 years -- UCR- reported on basis of aggregated\ statistics\ Still used\ Aggregate UCR Survey:\ Number of reported offenses\ Number of actual offenses\ Number of offenses cleared by charge\ Number of adults/youth charged\ Not included- victim characteristics- UCR2\ New system introduced 1988 -- fully operation in 1992\ Incident Based UCR Survey: also known as UCR2\ Key change: collected incident based data\ Better analysis of crime trends\ Also includes:\ Information on victims: age, sex, level of injury, drug/alcohol use, victim-accused\ relationship, type of weapon causing injury\ Information on incident circumstances: type of violation/crime, target of violation,\ types of property stolen, dollar value of property affected, dollar value of drugs\ confiscated, type of weapon present, date, time, location Criticism of Police Generated Crime\ Statistics\ 1. Only crime known to police dont tell us anything about crime that isnt repoted to the police and that number is called the dark figure of crime\ Alleviate? Victimization surveys frind crime that isnt reporte to the police\ 2. Only most serious crime reported (with\ exception of stalking) in series\ 3. Crime total misrepresents crime rate\ 4. Issues with recording of incidents (non-\ violent vs. violent offenses) Victimization Data\ Problems with UCR?\ Not all victims report crime\ Victimization data looks to get at : Asking\ about crimes they have not reported Victimization Survey Benefits\ 1. Estimate unrecorded crime\ 2. Explain and understand why victims do not\ report crime\ 3. Provide Information on impact of\ crime\ 4. Identify populations at risk Victimization Survey Limitations\ 1. Potenmtial Underreporting to interviewers\ Forgotten, or seen as insignificant by victim\ 2. Response Bias\ Underreporting is distributed\ unevenly Victimization Surveys\ Originally used in Canada -- late 1970's/early 1980's\ to Gain more information on:\ Volume\ Types\ Rates\ First national study: Canadian Urban Victimization Survey\ (CUVS)\ Conducted -- Federal Government -- urban centres General Social Survey (GSS)\ Representative sample of canadians\ Canadians 15 or older\ in 10 provinces\ of Non-institutionalized persons 2014 General Social Survey\ Representative sample of 33,000\ Asked:\ About 8 offense types\ Risk factors associated with victimization\ Reporting rates to police\ Extent of spousal violence\ Fear of crime\ Public perceptions of crime and CJS within last 12 months GSS not intended to\ replace UCR, but\ complement it. Self-Report Surveys\ Ask directly about thier criminal involvement\ Include questions in relation to:\ Attitudes, values, personal characteristics and\ behaviours\ it Measures: attitude towards crime\ looks at and Examines: relationship between crime and social\ variables (i.e. income, education)\ Focus on: youth, drug offenders Violent Crimes\ referred to as "Crimes against the person"\ made up 20% in 2017\ equivelent 403,201 incidents in 2017\ ex-Homicide, sexual assault, assault,\ forcible confinement\ Assault -- most frequent Other Criminal Code Offenses\ 19% of all offenses\ Increased 1% from previous year\ Include:\ Counterfeiting\ Weapons offenses\ Child pornography\ Disturbing the peace\ Administration of justice violations\ Prostitution Crimes Against Property\ Property crimes\ 61% in 2017 -- majority of offenses\ Theft under \$5000, mischief, break\ and enter, fraud\ Most common: theft under \$5000 The Context of\ Policing Development of Modern Policing\ Origins of Canadian policing, English condition\ Mid-1700's London, England:\ Crime commonplace\ No organized law enforcement system\ Crime unbearable: Only option was to call military\ people new that sowemhing needed to changeNeed an alternative Development of Modern Policing\ 1748\ Henry Fielding -- Chief Magistrate of Bow Street\ Professional law enforcement agents\ Duties:\ Catch criminals\ Recover stolen property\ "Bow Street Runners" Development of Modern Policing\ Industrial revolution\ Urban population boom\ Increase in social problems (crime,\ disorder)\ Concerns lead to\ Debates in British parliament Sir Robert Peel\ Appointed Home Secretary\ 1829 -- passed: London Metropolitan Police Act, it created a polie force mad up of so many people with uniforms etc\ 3,200 member police force\ Professional standards\ Uniforms\ Military structure\ Two magistrates (commissioners) Policing by Public Consent\ "\...the need for police to have\ the support of the public, that\ is the police act for citizens,\ not over them." (Goff, 146) Need for police to have the support of the public, fir citizens not over them Policing by Public Consent\ Principles:\ Methods of policing -- patrol by foot (small areas)\ Police powers --being bound by rule of law\ Weaponry --use of principle of minimum force\ Service to the public -- includes gave a service service function,\ maintain/gain trust\ Structure, control, accountability -- local control Early Canadian Police\ New France -- followed policing in France\ 1833: Permanent constables --in Quebec and Montreal\ and Ontario municipalities --followed English law enforcement\ 1835- Toronto had -- 6 constables -- that police during the night\ 1873: North-West Mounted Police (control Western lands)\ Purpose: police and control land purchased from Hudson's\ Bay to control western lands\ Renamed Royal Canadian Mounted Police Public Police in Canada\ Three levels of policing:\ Municipal\ Provincia\ Federal\ 2017- 56% of all officers employed\ by municipal agencies Most public police overs employed by municipal, regions Public Police in Canada\ Three levels of policing:\ Municipal\ Provincial\ Federal\ 2017- 56% of all officers employed\ by municipal agencies public Police in Canada\ Provincial Agencies\ 17% of all personnel\ Areas not served by municipalities\ Enforce -- criminal code and provincial statutes\ Three forces -- Ontario, Quebec and\ Newfoundland\ Other provinces and territories -- contract to\ RCMP Public Police in Canada\ RCMP\ 3.7% of all police officers\ Enforce -- federal statutes\ Carry out executive orders\ Security for dignitaries Diversity in Policing Diversity\ Historically --there hve been significant barriers to\ employment\ for both Women, members of visible minority\ groups\ 1970's --there was pressure placed on police\ organizations within the context of women organization royal commintuuin of the status women you must hire women, and equality section of chater garuntee full legal equality allowed for employment equidy programs changed ploce oranizations Diversity\ Women -- organizations working eliminate\ legal/economic barriers\ Royal Commission on the Status of Women\ (1970)\ Recommendation - all police organizations\ train and hire women\ Increasing number of visible minority\ immigrants Diversity\ Equality section of Canadian Charter of Rights and\ Freedoms:\ Guaranteed -- Full legal equality, fundamental rights\ and freedoms\ Allowed for --employment equity programs\ Employment equity -- key factor in changing police\ organizations Indigenous and Visible Minority Police\ Officers\ 2017:\ Visible minority: 8.4%\ Indigenous: 5.4% Indigenous Police Forces\ Gov't recognition of importance of Indigenous police\ officers in First Nations communities\ in June 1991\ the First Nations Policing Policy\ to provide those communities with Greater control over policing\ 1995 -- 41 agreements signed with 180 communities\ 2005- 319\ 2012-2013- 396\ Approximately 1,261 police officers Indigenous Police Forces\ Under FNPP - two options:\ communites are able to have a Self administered police service\ or have an Agreement with existing police force\ (Community Tripartite Agreement) Plural Policing\ Policing relates to- expands beyond "public\ police"\ "The recognition that certain policing-style\ services are provided by a number of\ different (or "fragmented") agencies in\ Western societies is referred to as plural\ policing" (Goff, 150) Five Types -- Loader (2000)\ Some -- new era in policing\ Variety of types:\ Policing by government\ Policing through government\ Policing about government\ Policing beyond government\ Policing below government Five Types -- Loader (2000)\ Policing by government -- the traditional approach to\ policing\ Policing through government -- activities funded by the\ government but delivered by other agencies outside of the\ police\ Policing about government -- transnational policing actions\ involving international agencies\ Policing beyond government -- actions funded and delivered\ primarily by private security organizations\ Policing below government -- community activities and self-\ policing (in Goff, 150) Plural Policing\ Today -- 140,000 licensed\ security guards in Canada\ Double sworn officers Police Culture Basic Values -- Police Culture (Goff,\ 161)\ 1. Police are the only real crime fighters\ 2. No one else understands the real nature of police work\ 3. Loyalty to colleagues counts above everything else\ 4. It is impossible to win the war against crime without\ bending the rules\ 5. Members of the public are basically unsupportive and\ unreasonably demanding\ 6. Masculinity based traits are idealized\ 7. Patrol work is the pits The Police Personality\ Cynical\ Pessimistic\ Niederhoffer (1967) made a distiction between the two\ General Cynicism - people\ System Cynicism -- organization\ Degree of cynicism: based on a persons age and\ experience The Police Personality\ Niederhoffer (1967)\ New officers -- less cynical\ First 7-10 years: steady increase\ Beyond: decrease Police reported rime rate increased in 2023 Crime peaked in canada 199 1 Oct 9 Lecture 5 The Practice of Policing and Policing and the Law Practice of Policing\ Throughout existence of -- police\ practiced preventative patrols and in\ 1920's -- reactive patrols introduced\ Reactive patrols -- reacting to the crime after crime\ occurs The Reactive Approach\ Incident based policing and within the context it is beleived that the\ Speed of response time -- best method of\ apprehending suspects\ Respond in motor vehicle\ When not responding to incident --they be engaged in\ preventative patrols Patrol\ Patrol officers "\...**most visible**\ **component of entire criminal justice**\ **system."** (Goff, 173)\ Cars, bicycles, horseback, foot\ Typical role: "routine observation"\ Most activities --of police officers are not crime related- traffic contruction accidents Activities of Patrol Officers ( Goff 174)\ 1. Deterring crime by maintaining a visible\ presence\ 2. Maintain public order within the patrol area\ 3. Enabling the police department to respond\ quickly to law violations and other emergencies\ 4. Identifying and apprehend law violators\ 5. Aiding individuals and care for those who cannot\ help themselves Activities of Patrol Officers (Goff, 183)\ 6. Facilitating the movement of traffic and\ people\ 7. Creating feelings of security in the\ community\ 8. Obtaining statements from crime victims\ and witnesses\ 9. Arresting suspects and transporting them\ to a police facility for investigation Reactive Policing\ question in the Late 1960's of - reactive-style\ policing --questioning\ Criticism Lead to a reasesment Reactive Policing\ Reassess operations\ Response time how fast they get there is a -- weak\ measure of effectiveness Lead to\... Management of Demand/ Differential\ Response\--, triage system in emergency room\ Categorize calls\ Emergency vs. non-\ emergency\ generally Standard policy across\ Canada Foot Patrol\ 19th and early 20th century -- mainstay\ 1920's -introduction of motor vehicle patrols\ -- disappeared\ Reappearance -- late 1970's due to citizen\ complaints -- lack of contact\ Today -- emphasis -- greater interaction with\ community/solving community problems Foot patrol disappeared with cars creation i then reappeared due to a lack of contact with police. Directed Patrol\ Orders -- how to use patrol time\ Example:\ told to spemd a Certain amount in certain locations/focusing on a certain crime\ Technological innovations --increase use\ Crime mapping systems -- GIS\ Identifies crime patterns in specific areas Proactive Policing\ 1970's -- "new" style of policing\ Police --try to engage in positive\ measures -- to control crime\ came about because the Belief -- too much time spent on\ organization vs. crime problems\ need to solve Hot Spots Patrol\ Crime -- not random\ Few places\ Particular times\ Few offenders\ Developed based on crime analyses\ Certain amount of patrol time/locations -- watch for specific crimes\ Displacement effect: reduce crime -- or force into other areas? If police are too focsued on one area and specifc crime they find theres no crime there but they would argue that the crime has just been displaced to different areas Spend time in specifc location looking for specifc crime Broken Windows Model\ 1982 article -- The Atlantic Monthly\ Kelling and Wilson\ Broken Windows: "The Police and Neighborhood\ Safety"\ Four Components\ 1. Neighbourhood disorder creates fear\ 2. Neighbourhoods give out crime promoting signals\ 3. Serious criminals move in\ 4. Police need citizens cooperation If someone sees a broken window it shows that area is not taken car of so it invites more crime 1. Problem Oriented Policing\ 1979 Herman Goldstein\ Focus: causes of crime\ Problem Solving Process -- 4 stages - SARA\ 1. Scanning --identify issue in the first place-- is it a problem?\ 2. Analysis --if it is a problem then the collection of information\ 3. Response -- solutions developed/implemented\ 4. Assessment -- how did that solution work - effectiveness, change/new-\ approach needed? Community Policing\ Involves\ Community groups\ Businesspeople\ Residents\ Teachers\ Goal: "\...encourage public safety and confidence,\ reduce citizens' fear of crime, and encourage\ citizen involvement." (Goff, 184) Community Policing\ Three aims:\ 1. Community partnerships\ 2. Organizational change\ 3. Problem solving Zero Tolerance Policing- new reactive approach\ New form of reactive policing\ Based on Broken Windows approach\ Traditional law-enforcement methods\ Order maintenance\ Rigid "law and order" -- minor violations\ Police responsible -- not all communities have\ ability to support\ Place- specific -- "hot spots" Predictive Policing\ "A policing strategy or tactic that\ develops and uses information\ and advanced analysis to inform\ forward thinking crime\ prevention." (Goff, 440) Key Elements of Predictive Policing\ Integrated information and operations having all the info in one place\ Seeing the big picture- looking at the macro level- idea of populations looking for patterns\ Cutting edge analysis and technology\ Linkage to performance\ Adaptability to changing conditions T**he police and the law** Arrest\ Police -- deciding to conduct investigation --\ Certain legal requirements must be followed:\ Protect from wrongful arrest\ Unreasonable search/seizure\ Arrest can be made with or without a warrant Search and Seizure\ Charter of Rights and Freedoms\ Section 8: Everyone has the right to\ be secure against unreasonable\ search and seizure\ Protect "reasonable expectation of\ privacy" Search and Seizure\ Search\ "\...the i**ntrusion** of a government representative\ into an individuals privacy." (Goff, 204)\ Seizure\ "\...the exercise of **control** by a government\ representative over an individual and/or item."\ (Goff, 204) Interrogations\ Questioning\ Gather information\ Usually in private\ Videotape -- all rules/procedures\ followed Custodial Interrogation\ Section 7 of Charter:\ Everyone has the right to life liberty\ and security of the person, and the\ right not to be deprived thereof\ except in accordance with the\ principles of fundamental justice Why Custodial Interrogation?\ to Obtain incriminating evidenceagaisnt interogated individual\ figuring out where / Unearth stolen property, whereabouts of\ accomplices\ is that individual Involved in other crimes\ Primary goal: obtain confession from suspect Strategies to Obtain\ Information Conditioning Strategy\ "\...police providing an environment in which\ the suspect is encouraged to think positively\ of the interrogator(s) and subsequently\ cooperate with the authorities." (Goff, 209)\ Lower anxiety\ Increase trust You want coffee ill get you some De-emphasizing Strategy\ "\...inform suspects that their rights are\ unimportant and that the most important\ task at hand is to empathize with the\ victims and their families." (Goff, 204)\ Suspect rarely thinks to contact lawyer Persuasion Strategy\ "\...inform suspects that if they\ don't tell their side of the story at\ that time, only the victim's will be\ heard during trial." (Goff, 204) What about false\ confessions? Voluntary Confessions\ Did not commit crime, but\ voluntarily confess\ Why they would do?\ 1. Protect someone else who they dont wan tto be apprehended\ 2. Alibi for more serious crime\ 3. Physical fear of actually guilty\ person Coerced-Complaint False Confessions\ Usually result from intense custodial\ interrogation-\ individual Finally agree with police statements in\ order to end uncomfortable situation\ might Also may be result of receiving benefit\ to confession- if you confess to this we wont talk about the other crimes youve commited Coerced Internalized False\ Confessions\ Falsely recall criminal\ involvement\ No involvement\ Anxious, emotionally tired of\ interrogation Phenomenon - Jailhouse Interrogations\ Jailhouse informant:\ "\...an inmate, usually awaiting trial or sentencing, who\ claims to have heard another prisoner make an admission\ about his case." (Goff, 212)\ Potential benefit -- getting a more lenient sentencing\ However, many issues pertaining to false confessions\ In US - estimated 20% of wrongful convictions have utilized\ of jailhouse informants Manitoba's Inquiry Regarding Thomas\ Sophonow (Goff, 212-213)\ Jailhouse informants are polished and convincing liars\ All confessions of an accused will be given great weight by the jurors\ Jurors will give the same weight to "confessions" made to jailhouse\ informants as they will to a confession made by a police officer\ Jailhouse informants rush to testify, particularly in high profile cases\ They always appear to have evidence that could only have come from\ someone who committed the offense\ Their mendacity, and their ability to convince those who hear them,\ make them a great threat to the principle of a fair trial as well as to the\ administration of justice Due to these dangers\...\ Vetrovec Warning:\ "judge gives a clear and sharp warning to\ attract the attention of the juror\ to the risks of adopting, without\ more information, the evidence\ of the witness." (Goff, 213) Police Misconduct "a generic description of police\ officer activities which are\ inconsistent with the officer's legal\ authority, organized authority and\ standards of ethical conduct."\ (Barker and Carter, 1986; 1-7) Police Misconduct -- Three Categories\ Occupational Deviancy\ Abuse of Authority\ Selective Enforcement\ of Laws Occupational Deviancy\ "\...criminal and non-criminal \[behavior\]\ committed during the course of normal\ work activities or committed under the\ guise of the police officers authority."\ (ibid.:4, in Goff, 217)\ Examples: sleeping on duty, misuse of\ firearms Selective Enforcement of Laws\ "..encountered in the lived\ experience of certain\ populations." and routine indicent Selective Enforcement of Laws\ "routine incidents of\ misconduct reflect and\ reinforce race, class and\ gender bias in a myriad of\ ways." Problem Police Officers\ Police Department Categorization:\ Rotten Apples\ Pervasive but Unorganized\ Misconduct\ Pervasive and Organized Misconduct Rotten Apples- few police officers\ Few problem officers,\ illegal personal gain,\ questionable behavior Pervasive and Organized Misconduct\ Nearly all, organized Pervasive but Unorganize Misconduc\ Majority questionable\ behavior,but little cooperation, doing thier own illegal thing Oct 23 Lecture 6 Lecture 4,5,6 in midterm Pretrial Criminal Procedure\ & The Courts and Criminal\ Trial Procedure The First Appearance\ Following laying of charges\ the Charges read to the defendant\ Other issues at this stage:\ frist issue is Bail decisions\ second is potential Appointment of legal aid lawyers What is Bail? Does it\ achieve justice Bail\ the bail hearing or The Judicial Interim Release (bail)\ hearing:\ "the most important step for an\ accused person in the criminal\ process." (Linden, in Friedland\ 2004: 98) bail\ Parliament passed:\ Bail Reform Act (1972)\ this Established: system of interim\ release or bails form the\ Basis for bail in Canada Bail Reform Act\ Creation --was the result of Ouimet Committee\ Recommendation:\ Suspects not placed in detention\ Unless, thought as only means to ensure\ appearance of accused in court\ Preference -- release into community pending\ trial Ladder Approach\ "\...the prosecutor must justify\ greater degrees of restrictions\ on the accused (s. 515\[2\] of the\ Criminal Code)." (Goff, 235) Bail\ one an individual is Released on bail -- number of potential conditions:\ Report to police officer\ released on their own Recognizance\ give a monitary Deposit\ Preference for a surety -- a person tasked with monitoring accused until trial Bail\ Most hearings -- quick\ Officer- makes recommendation to crown\ prosecutor\ based on Conditions of release\ When debate takes place -- usually relates to\ conditions of release not release itself What is Legal Aid and\ Does it Achieve\ Justice? Legal Aid\ "A government supported\ system that allows individuals\ who are earning below a\ certain amount to receive free\ legal services." Legal Aid\ Section 10(b) of Charter: "right to retain council without delay"\ Early days of criminal justice system:\ Defense lawyers --actually provided free legal aid -- pro bono\ as a sense of Social responsibility Legal Aid\ Recent decades -- formal legal aid programs\ across Canada\ "viewed as both an aspect of social welfare\ and an important component of an effective\ justice system." (Johnstone and Thomas\ 1998:2) Legal Aid\ First province: Ontario in 1967\ 1973: Federal began funding legal progrmas\ Government funding\ Federal government funding cuts\ Result: increase in cost falls upon\ provincial budgets Legal Aid -- Three Models\ Judicare\ Public Defender (Staff\ System)\ Mixed or combined approach\ (combination of the above\ two) Judicare Model\ BC, Alberta, Ontario\ someone that is Qualified legal aid recipient -- receives a certificate\ Benefits:\ Lower costs\ One lawyer -- throughout case\ Service availability able to chose who they prefer to represent them\ Select own lawyer\ Client can make selection based on best interest Staff System (Public Defender Model)\ Saskatchewan, Newfoundland and Labrador, Nova Scotia,\ Yukon\ Lawyers are employed by provincial government themselves\ Benefits:\ Lawyers on salary\ they have contect between Other public defender\ Better representation\ Centralized system can lead to (greater efficiency) Mixed System\ Manitoba, Quebec, New Brunswick,\ Northwest Territories, Nunavut,\ Prince Edward Island\ Recipient chooses from panel goverment salary lawyers or (staff\ or private) Legal Aid: Less\ Funding Self-Help Model\ individual is On thier own\ "unbundled" services -- various\ steps of process\ No ongoing representation What is the\ prosecutorial\ screening process? Prosecutorial Screening Process\ once Police -- arrest, lay charges\ Prosecutor will not automatically proceed\ with the case theres a screening process inoled which is why\ Many defendants -- never brought to trial Prosecutor Screening Proccess\ Crown prosecutors:\ "\...have virtually unfettered discretion as\ to when to charge, what to charge,\ when the charge should be reduced or\ dropped (Stuart and Delisle 1995:522).\ (Goff, 242)\ this leads to consiiderable Case attrition Prosecutor Screening Process\ Prosecutor decides whether:\ Trying the case in court\ Plea bargaining\ Staying proceedings\ Dismissing charges Prosecutor Screening Proccess\ Most important factor in choosing whether to proceed with a particuler case is : sufficient evidence\ Additional factors:\ Case priorities\ Record of accused\ Nature of witness\ Credibility of victims (or witnesses)\ Accused will testify against someone else even (in\ different trial) 6 Guiding Models\ Transfer Model -- little screening, charge\ most cases\ Key factor: resources and having enough\ Unit Model -- significant amount of discretion\ -- minimal organization guidance on how to proceed\ Legal Sufficiency Model -- cases are screened by\ legal elements so if-- sufficient legal grounds they wil go ahead Guiding Models\ System Efficiency Model -- Cases are disposed\ of in quickest manner possible, only cases\ with high likelihood of success prosecuted are moved froward\ Trial Sufficiency Model -- Only if conviction\ is likely will case go to court, resources are\ secondary\ Defendant Rehabilitation Model - Is it\ possible to rehabilitate the defendant? Plea Bargaining Plea Bargaining\ "any agreement by the accused\ to plead guilty in return for the\ promise of some benefit." (Law\ Reform Commission of Canada\ 1975:45) in (Goff, 247) Why does plea\ bargaining exist? Plea Bargaining Advantages\ Increases efficiency of CJS\ helps Decrease in operating costs\ helps Decrease in prosecutorial workload\ May reduce trauma felt by victims Criticism of Plea Bargaining\ Crime control advocates perspective argue that-- unfair,\ hidden proccess , overraly leniency\ Others -- integrity of CJS\ Avoids due process standards\ comples Innocent to ple aguilty -- compelled to plead guilty Types of Plea Bargaining\ Charge Bargaining\ Sentence Bargaining\ Fact Bargaining\ Label Bargaining Charge Bargaining (Goff, 247)\ May involve:\ Reduction of charge\ plead guilty to one charge so they Drop certain charges\ Promise not to proceed on other\ possible charges Sentence Bargaining (Goff, 247)\ potentil sentence itself Plead guilty to this we will Proceed summarily vs. indictment\ Promise not to appeal against\ sentence\ Arrange sentence before particular\ judge Fact Bargaining (Goff, 247)\ Crown prosecutor - not to\ volunteer certain information\ about accused\ Not to mention circumstance of\ offense Label Bargaining (Goff, 247)\ Attempt by defense to avoid\ negative label by offering to\ plead guilty The Jury\ The role: "to decide the facts\ from the trial evidence present\ and to apply the law (provided\ by the judge) to those facts to\ render a verdict" (Vidmar and\ Schuller 2010:130) (Goff, 250) Right to a Jury Trial Serious offenses\ Section 11(f) -- Charter of\ Rights and Freedoms\ Only in more serious offenses\ Maximum punishment -- 5 years\ or more jury Selection\ Accused selects trial by judge and jury --\ jury selection process\ Four Step Proccess\ Three outside court -- so it is provincial responsibility\ Fourth inside court -- Criminal Code Three Out of Court Stages (Goff, 252)\ 1. The assembly of a source list of persons who\ may be qualified, under provincial law, to serve as\ jurors (most but not all provincial jury acts specify\ some or all of the sources to be consulted when the\ list is prepared).\ 2. A determination of the identity of those on the\ source list who are qualified to serve, according to\ the relevant provincial jury act, and the\ disqualification or exemption from service of those\ on the list who, for various reasons, are usually\ also specified in the appropriate jury act. Three Out of Court Stages (Goff, 252)\ 3. The selection from the names remaining\ on the source list of the jury panel, whose\ members are, as appropriate, summoned to\ appear in court in accordance with the\ procedures set out in each provincial act.\ List of candidates compiled-- known as "Jury\ array" or "Jury roll" In Court Selection Proccess\ Framework --found in S. 631 of Criminal Code\ Purpose: find out which potential jurors are viewed to impartial?\ Canadian trial judges -- no authority to\ assess impartiality\ Jury selection -- two layperson triers\ Once have twelve, jury sworn Challenges\ Two types:\ Challenge for Cause (rare) -- provide reason\ Peremptory Challenge - no cause needed for an individual to be disqualified to be a jury member\ Purpose -- eliminate unqualified/not impartial\ jurors What about the courts\ and criminal trial\ procedure? What's the function of\ the courts? Function of Courts\ Due Process Model\ Crime Control Model\ Bureaucratic Function Model Due Process Model\ Rights of accused are protected\ Charter of rights and Freedoms\ Best way to obtain fairness?\ is through Adjudication -- "decision making in an open\ court." (Goff 264) Due Process Model\ Emphasis on adversarial nature:\ 1. Neutral and impartial judge\ 2. Prosecution and defense - equal\ chance to present relevant evidence\ 3. Highly structured set of procedures Crime Control Model\ Individual liberties - are a secondary consideration\ Protection of society\ Emphasis on punishment\ Courts responsibility -- punishment for harm\ inflicted\ Goal of courts -- justice through\ deterrence/harsh punishment Bureaucratic Model\ Main focus: speed\ Day to day operation of courts moving things along as quickly as possible\ deals with signifucant Backlogs of the court\ Success: is based on speed of case through\ system versus serving justice How are the Canadian\ Courts Organized? The Court System\ Court -- complex\ Can refer to places or individuals:\ Room\ Group of judges\ Single judge The Court System\ Proof:\ Before trial -- all thats bneeded is probable cause however to convict sombody is a -- higher standard -- which is beyond reasonable doubt\ Key participants:\ Defendant\ Crown prosecutor\ Defense council\ Judges and juries\ Victims and witnesses Goals of the Judicial System (Tyler,\ 2007/2008 in Goff, 268)\ 1. Providing people with a forum with which\ they can obtain justice as defined by law\ 2. Dealing with peoples issues in such a way\ that they will accept and abide by the court\ decision\ 3. Retaining and enhancing the publics trust\ of the court and confidence in the courts, the\ judiciary as well as the law Procedural Justice and the Courts\ Public trust -- essential to legitimacy of legal\ system\ Higher likelihood of agreeing to a decision if\ made through fair procedure\ what Court experiences enhance public trust,\ satisfaction and compliance? Procedural Justice and the Courts\ Court experiences:\ 1. Voice -- everyone tell side of story before decision\ made\ 2. Neutrality -- judges -- transparency and\ openness\ 3. Respect -- cases treated respectfully\ 4. Trust -- judges will -- listen, fair\ consideration, no biases Daily Business of the Courts\ Studies:\ Majority of cases -- accused pleads\ guilty to charges at first appearance\ Lower courts- police important role\ Prosecutor discretion:\ Stay proceedings, withdraw or dismiss\ charges The players: Defense Lawyer\ "Defense counsel represents the legal\ rights of the accused in criminal\ proceedings and tries to ensure that the\ criminal justice proceedings operate fairly."\ (Goff, 270)"\ Examine evidence - assess strength of\ case\ Role: "\...assess the validity and reliability of\ the evidence and testimony being used by\ the prosecutor." (Goff, 270) Crown Prosecutor\ "\...present the state's case against the defendant."\ (Goff, 271)\ Primary duty: is not conviction\ it is to "\...enforce the law and maintain justice by\ presenting all the evidence relevant to the crime\ being tried in criminal court." (Goff, 271)\ To accused/defense counsel: must disclose all\ relevant facts/known witnesses\ Workload Judges\ Role: "\...upholding the rights of the accused and\ arbitrating any disagreements that arise between a\ prosecutor and defense lawyer during a trial." (Goff,\ 273)\ Determine:\ certain cases- guilt or innocence\ type/length of sentence\ Objectivity important Know the players, but what\ about criminal trial procedure? Criminal trial --\ "centerpiece" of court\ system Legal Rights and Criminal Trials\ "\...the prosecutor must prove that\ the defendant committed the act in\ question and had the appropriate\ mental element at the time the\ criminal offense was committed."\ (Goff, 275) The Criminal Trial Legal Rights and Criminal Trials\ Presumption of innocence\ Right of the accused to\ confront accuser\ Right to a public (open)\ trial Criminal Trial\ "\...a formal process that strictly\ follows rules of evidence, procedure\ and criminal law." (Goff, 278) Formality/Rigidity\ Contrast -- movies, television Criminal Trial\ Reality -- particular procedure\ Complicated events\ Judge -- decisions on\ procedure, admissible\ evidence Criminal Trial Steps\ Opening Statement\ Prosecutor\ Defense lawyer (optional)\ Trial Evidence\ Witness testimony usually first\ Other types of trial evidence:\ Real evidence, direct evidence, circumstantial\ evidence Spotlight -- Expert Witnesses\ "\...specialists in certain areas that apply\ to the case." (Goff, 280)\ Example:\ Medical Examiner - time of death, how\ injuries occurred potlight -- Types of Evidence\ Testimony -- one type\ Real evidence -- exhibits -- clothing,\ weapons\ Direct evidence -- observations of\ eyewitnesses\ Circumstantial evidence -- "\...proves\ subsidiary fact from which guilt or innocence\ of the accused may be inferred. Criminal Trial Steps\ Defense Lawyer's Presentation of Evidence\ Critical decision -- client testimony under oath\ Closing Arguments\ Charge to the Jury\ Judge provides information and instruction\ Verdict\ Must be unanimous in jury case\ Guilty -- sentence date\ Appeals