Canadian Justice System Module 6 PDF

2023-01-07 Canadian Justice System Module 6 •CJS Roles •CJS Models •Sex Offender Registry •National DNA Data Bank 1 Review 1. The specific role of the jury in our legal system is similar to that of a judge trying a case alone to decide the facts from the trial evidence present, apply the law to...

2023-01-07 Canadian Justice System Module 6 •CJS Roles •CJS Models •Sex Offender Registry •National DNA Data Bank 1 Review 1. The specific role of the jury in our legal system is similar to that of a judge trying a case alone to decide the facts from the trial evidence present, apply the law to those facts, render a verdict and impose the punishment. T or F 2. Statutory release is the release of an offender into the community after he or she has server two-thirds of his or her sentence of incarceration. T or F 3. The aboriginal justice system focuses on problem solving and the restoration of harmony in the community. T or F 4. The adversarial system of justice pits the prosecutor against the defence. T or F 2 Review 5 Dangerous offender legislation is an example of ________________________. a) b) c) d) e) Deterrence Rehabilitation Selective Incapacitation Justice Model None of the above a) 6 A preliminary hearing is not a trial, but rather an inquiry heard by a Provincial Court Judge to determine whether or not the Crown has sufficient evidence to proceed to trial. T or F 7. Trials will be heard in one of two courts, the a) b) c) Provincial Court or the Superior Court Court of Appeal or Superior Court Provincial Court or Supreme Court 3 1 2023-01-07 Review A police officer has reasonable grounds to believe that a person has committed an indictable, but cannot locate the suspect. The police officer may seek a warrant to arrest the suspect. T or F A / An _________________________________ has a fixed period of incarceration. a) b) indeterminate sentence determinate sentence The primary goal of a custodial interrogation is to solicit: a) b) c) d) e) evidence of the offence accomplices information of other crimes a confession none of the above 4 Review The ______________________________ gives an arrested individual the right to contact a lawyer without delay. a) b) c) d) Canadian Charter of Rights & Freedoms Criminal Code Common law Civil law A Promise to Appear, with or without conditions, is: a) b) c) d) e) a form of arrest a method to send the accused to a bail hearing a form of release an indictment an arraignment 5 Review ___________________________ is “a reactive power dependent upon a reasonable belief that the detained person is implicated in a prior criminal act.” a) b) c) d) e) arrest without warrant arrest with warrant investigative detention arrest and detention reasonable grounds The moment a person becomes a suspect, the police officer must: a) b) c) d) e) arrest the person and take them before a justice of the peace give the person their rights lay an Information before a Justice of the Peace form an indictment obtain a warrant to arrest Voluntary confessions have a great impact on the future of the case and will usually lead to pleas of guilty. T or F 6 2 2023-01-07 Roles Judge (Provincial & Federal) - Impartial - Trier of fact - Determine criminal responsibility - Resolve legal disputes - Will determine what evidence will be allowed at the trial 7 Trials are Adversarial – Prosecutor /Defence Review Provincial Court - Trials Superior Court – Trials Provincial/Territory Appeals Court – No Trials Supreme Court of Canada No Trials A preliminary hearing is not a trial, but rather an inquiry heard by a Provincial Court Judge to determine whether or not the Crown has sufficient evidence to proceed to trial. 8 Cont’d Judge (Provincial & Federal) - Interpret & apply the law - Determine what evidence will be allowed - Type & length of sentence (Punishment) 9 3 2023-01-07 Roles Justice of the Peace (Provincial) - preside over virtually all judicial interim releases (bail hearings) & remands - Receive Informations, WHICH IS? - Issue summons, warrants, search warrants - Preside over some minor criminal offences, most regulatory (provincial) offences and municipal by-law prosecutions 10 Roles……….. Defence lawyer - represents the legal rights of the accused - review case / evidence - prepare case / strategy Accused - defendant, person alleged to have committed the offence 11 Roles…. Jury is comprised of 12 citiziens - independent, impartial, open minded - determine guilt or innocence of the accused - conscience of the community DOES NOT DETERMINE PUNISHMENT 12 4 2023-01-07 13 Crime Control Opinions • • • • Heads Parole / re-offend Plea bargaining Lenient sentences Warning vs. arrest Increase crime rate Tails • Informed paroles choices • Useful plea bargains • Judicial sentencing discretion positive • Social problems cause increases Hardening CJS cannot help 14 Judge champions ‘lenient’ sentence for young man in gun crime because of systemic racism and poverty Associated Press September 20, 2018 7:46 PM EDT 15 5 2023-01-07 Florida man gets 20 years in jail for stealing cigarettes from convenience store September 23, 2018 6:12 AM EDT 16 Crime Control Philosophies 1. 2. 3. 4. Deterrence Rehabilitation Selective Incapacitation Justice Model • Restorative Justice Aboriginal Justice system focuses on problem solving and restoration of harmony in the community 17 Deterrence – prevention of crime before it occurs by threatening individuals with criminal sanctions Certainty – the likelihood of being caught Swiftness –of prosecution Severity – punishment should be set a maximum levels Focus - on the criminal act. 18 6 2023-01-07 Deterrence – goal is to prevent future crime 1. General Deterrence (society as a whole) - discourage criminal acts through penalties - favours long prison sentences 19 Deterrence 2. Specific Deterrence (individual) - discourage criminal activity through severe punishment 20 Deterrence model Rational Choice - offenders choose of commit for benefit - decision is based of skill level, payoffs, & costs 21 7 2023-01-07 Deterrence model… Routine Activities - given the opportunity - people will offend - if deterrence is absence - suitable target, no capable guardians, motivated offender 22 Deterrence model Focus on protecting society rather than protecting individual rights of accused 23 Deterrence – does it work?? - potential punishment - drug & alcohol influences - spontaneity - variety of sentencing 24 8 2023-01-07 Deterrence - serious crimes = severe penalty - Death penalty – statistics say it does not work & is irreversible - Supported by most Canadians & police agencies 25 Incapacitation – imprisonment of offenders, isolated from society, protection for citizens - electronic monitoring 26 Selective Incapacitation Selective Incapacitation - focus on dangerous, chronic, career or repeat offenders - separate high risk from low risk offenders - best predictor of future behaviour is previous behaviour - incarceration of high risk offenders would reduce crime rates 27 9 2023-01-07 Selective Incapacitation - Focuses on a narrow group of offenders Examples – “three strikes and you’re out” Dangerous offender legislation – Criminal Code allows for indeterminate sentences (no fixed period) 28 Justice Model Generally the basis of our Criminal Justice System today! 29 Justice Model - Main focus is on the criminal act punishment proportionate to the crime alternative sanctions for minor offences emphasizes legal rights, justice and fairness 30 10 2023-01-07 Dangerous Offender Legislation Bill C- 55, August 1997: Targeting Sex Offenders “Dangerous offender” – indeterminate sentence is automatic Or “Long term offender” • appropriate to impose a sentence of 2 years (or more) • plus a supervision order of up to 10 yrs. Breach of Long-Term Supervision Order s. 753.3 CC 31 Dangerous Offender Crown Applies: • After conviction (during sentencing) • Violence and/or sexual offences • Generally long criminal history …but • 60 days - behavioural assessment • Depending on that report…proceed • Approval of provincial Attorney General 32 Dangerous Offender Indeterminate sentence - no expiration of sentence - Parole review after 7 yrs & then every 2 yrs. - supervised for life (if they ever do get released) Determinate sentence – will have expiration date 33 11 2023-01-07 Sex Offender Registry National Sex Offender Registry: contains the pertinent personal information of individuals convicted of committing a sexual offence. 34 First Sex Offender Registry Christopher’s Law (2001) 35 DNA Data Bank Purpose: - Solve crimes by linking crimes together when there are no suspects - Identify suspects (provide matches) - Eliminate suspects - Determine whether a serial offender is involved 36 12 2023-01-07 National DNA Data Bank Contains: the profiles of individuals convicted of the most serious crimes in Canada http://www.rcmp-grc.gc.ca/nddb-bndg/index-accueil-eng.htm 37 National DNA Data Bank Consists of: • Two principal indices: – Convicted Offender Index (COI) – Crime Scene Index (CSI) 38 Sex Offender Registry and DNA Data Bank DNA Data Bank and SOR are both maintained by the RCMP 39 13 2023-01-07 Review The _________ will determine what evidence will be allowed at the trial. a) b) c) d) Police Crown Attorney Judge Defence lawyer Alternative measures are recommended by police and or the crown attorney a) the police must have sufficient evidence to obtain a conviction b) alternative measures must be voluntary c) the youth must admit their responsibility d) a record of their sanction and participation will be kept for two years e) all of the above 40 Review The _________________________ will preside over virtually all judicial interim releases. a) b) c) d) Justice of the Peace Judge Crown attorney Accused The Canadian courts have recognized that the police can detain, interrogate and search an individual even where there are less than reasonable grounds to believe that an offence has been committed. This is referred to as: a) arrest and detention b) investigative detention c) custodial interrogation 41 Review A peace officer may arrest person he/she finds committing a criminal offence. T or F A peace officer may arrest a person who has committed an indictable offence. T or F A peace officer may arrest a person he/she has reasonable grounds to believe has committed a summary conviction offence. T or F 42 14