Module 4 Rule of Law PDF

2023-01-31 Module 4 Rule of Law? • Character of the Law • Public, clear and understandable 1 Rule of Law? • Institution of the Law • Independent judiciary • Codified (written) laws • Right to a fair hearing 2 1 2023-01-31 What is the Criminal Justice System? Law and Order: How we respond...

2023-01-31 Module 4 Rule of Law? • Character of the Law • Public, clear and understandable 1 Rule of Law? • Institution of the Law • Independent judiciary • Codified (written) laws • Right to a fair hearing 2 1 2023-01-31 What is the Criminal Justice System? Law and Order: How we respond to crime & measures to control criminal behaviour? 3 What is the Criminal Justice System? Influences on the Criminal Justice System • Legal history • Political & philosophical values • Social fabric 4 2 2023-01-31 Goals - Criminal Justice System Fairness & Equality? Prevention & reduction of criminal behavior Identification & punishment of the guilty 5 “Social control” Establish a system to: • detect • investigate • prosecute • punish 6 3 2023-01-31 What is Crime? • Wrongful acts which violate our criminal law. • Statute form (laws passed & written) 7 Purpose of CJS 1. Control crime – arrest, prosecute, punish 2. Prevent crime - deterrence 3. Maintain justice - equal and fair treatment for all 8 4 2023-01-31 Criminal Justice – 3 Assumptions 1. Guilt, innocence & sentencing - fair & with available evidence 2. Punishment – fit the offence & offender 3. Like Cases be treated alike and different cases differently. 9 Fair & Equal • Disparity - lack of uniformity in sentencing against offenders convicted of the same crime • Discrimination – Four types we live with daily 1. Systemic 2. Institutionalized 3. Contextual 4. Individual 10 5 2023-01-31 Fair & Equal Substantive justice – accuracy/correctness of outcome/verdict Procedural justice • fair procedures • Trial Best way to guarantee a just outcome 11 Criminal Justice System: Components 1. Police 2. Courts 3. Corrections 12 6 2023-01-31 Criminal Justice System - Police • • • • Municipal Provincial Federal First Nations Policing Program 13 Criminal Justice System - Police Municipal & Provincial, - supply all policing needs, - enforce laws: • Federal, • Provincial & • Municipal 14 7 2023-01-31 Criminal Justice System 1. Police • Royal Canadian Mounted Police - as above in Provinces without - drug & tax offences - police airports 15 Criminal Justice System - Police Royal Canadian Mounted Police • • operate Forensic Labs CPIC (Canadian Police Information Center) • Canadian Police College (Ottawa & Chilliwack) 16 8 2023-01-31 17 18 9 2023-01-31 Criminal Justice System - Courts • Justice for victims • Justice for offenders • Fair and equal treatment 19 Criminal Justice System - Courts Four (4) Levels: • • Provincial/Territorial Courts (lower) Provincial/Territorial Superior Courts • (also Federal Court) • Provincial/Territorial Appeal Courts (highest) • also (Federal court of Appeal) • Supreme Court of Canada • NO MUNICIPAL COURTS 20 10 2023-01-31 Criminal Justice System - Courts Provincial Court Hears 90% of All Criminal Cases • • • • Judge alone Includes: ➢ criminal, ➢ youth & ➢ family(minor issues) courts lowest level appointed by Province 21 Criminal Justice System - Courts Superior Courts - Judge & jury or Judge alone - includes criminal & family courts - may hear appeals from Provincial Court - appointed by Federal Govt. 22 11 2023-01-31 Criminal Justice System - Courts Appeal Courts • highest level of court in each Province • (eg. Ontario Court of Appeals) • Hear appeals from Provincial & Superior Courts • Federal Court of Appeal 23 Criminal Justice System - Courts Appeal Courts 1. Provinces & Territories ONLY 2. Supreme Court of Canada (The Country) 24 12 2023-01-31 25 Review Questions. T or F The criminal justice system is made up of three components: police, courts and corrections. T/F The Criminal Justice System is how Canadian’s respond to crime and the measures we take to control criminal behaviour. T/F Influences on the Canadian Criminal Justice System include police, courts and corrections. T/F Social control” is a term commonly used that refers to organized reactions to behaviour that violates our criminal laws. T/F 26 13 2023-01-31 Review Question The purpose of the Criminal Justice System is: a) b) c) d) e) to control crime, which to a large part is achieved by the arrest, prosecution and punishment of those who commit crimes to prevent crime, which is largely accomplished by punishing offenders in hopes that it will deter them and others from committing criminal acts to maintain justice, in general terms justice means that all citizens are equal before the law and that they will be protected from arbitrary decisions made by those working in the Criminal Justice System a and c all of the above Disparity is the lack of uniformity in legal representation. T or F Four types of discrimination are Individual, Contextual, Institutional & Adversarial. T/F 27 Questions… 28 14