CRIM 2304: Canadian    Criminal Justice        Module One:Overview of the Canadian CJS                               1
Contents1. Tenets & principles of the Canadian CJS2. Division of government powers vis a vis the CJS3. Five main CJ “insti...
The CJS: An Overview   A state-run system of formal social     control/order maintenance   Six Tenets:   •   Justice*   • ...
CJS Division of Powers                         4
Five main CJ Branches1. Legislative: Criminal law /   Criminal Justice Policy   Making2. Police3. The Criminal Courts4. Co...
Criminal Law & Criminal          Justice Policy Making   Federal Government (parliament) is    responsible for writing & ...
Police   Municipal Police    – 67% of all police   Provincial Police    – Ontario, Quebec,      Newfoundland   RCMP    ...
Criminal Courts   Lower Courts    – A.k.a. provincial courts    – Deal with most cases   Superior Courts    – Trial Divi...
Corrections   Federal: Correctional    Services Canada    – 2 years or more   Provincial corrections    – Less than 2 ye...
Parole   Reintegration into society   National Parole Board    – Makes parole decisions for federal offences      and al...
Process within the                       Canadian CJS                                                                     ...
Law Enforcement   Arrest    – With or without a warrant    – Probable cause   Appearance notice    – Issued by police on...
Criminal Trial   Arraignment (charges read)   Preliminary inquiry     Optional for indictable offenses to determine if ...
Sentencing   Sentencing trial   Judge has many choices:    – Probation, incarceration, suspended sentence, fine, house  ...
Sanctions/Corrections   Incarceration: Provincial or federal    correctional institution   Alternatives:    – Probation ...
Parole   Temporary absence    – Medical treatment, compassionate (death, birth)      counseling, decision made by prison ...
Challenges, Limitations &Weaknesses of the CJS                            17
Challenges facing the         Canadian CJS   Balancing the due process rights of the accused with the    collective secur...
Critiques of the CJSThe Criminal Justice System: is unable to cope with the actual quantity of crime fails to identify m...
The Crime FunnelReported                             200   Actual                 100  Cleared        34                  ...
Attrition of Cases   Many offences are not detected   Victims may not report offences to the police   Some cases are no...
Upcoming SlideShare
Loading in …5
×

Crim 2304 mod 1 overview of the cjs

453 views

Published on

0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
453
On SlideShare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
7
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide
  • Textbook:“The criminal justice system is generally considered to contain all of the agen-cies, organizations, and personnel involved in the prevention of andresponse to crime and dealing with persons charged with criminal offences,and persons convicted of crimes. It includes crime prevention and crimereduction; the arrest and prosecution of suspects; the hearing of criminalcases by the courts; sentencing and the administration and enforcement ofcourt orders; parole and other forms of conditional release; and supervisionand assistance for ex-offenders released into the community. In recent years,“restorative justice” approaches have become part of the criminal justiceprocess as well.” (4)
  • Textbook:CJS powers are concentrated in the state; indeed, one of the reasons that the state is so powerful in most societies is that it controls the levers of the CJS.Today in Canada...Each level of government—federal, provincial, and municipal— plays a role in the justice system. The division of responsibilities between the federal and provincial governments was spelled out in the Constitution Act,1867. The basic division is that the federal government is responsible for writing and enacting criminal laws – basically deciding which behaviours constitute criminal offences and how they should be punished - while the provincial/territorial governments are responsible for administering the justice system, which includes policing, law enforcement, the prosecution of most criminal cases, and operating correctional institutions.” (9)While the provincial government has been given constitutional authority to administer the criminal justice system in Canada, the federal government also operates a national police force (the RCMP); prosecutes some federal offences, including narcotics offences; appoints some judges and manages some courts; correctional institutions for those offenders who receive sentences totalling two years or more; and operates a parole board for federal inmates and for provincial/territorial inmates in jurisdictions other than Quebec and Ontario (which have their own provincial parole boards).” (6)The municipal governments of cities and towns play a lesser role, primarily related to policing and bylaw enforcement.” (5) Municipal government – mainly involved in overseeing police service and local jails...(such as setting budgets) However....municipal governments are completely answerable to the provincial govenment, thus the latter is ultimately responsibility for municipal policing.If you look at the organizational chart...The primary mandate of the Department of Justice is to assist the federal government in making and reforming the criminal law and in developing criminal justice policy. This Department is also the government’s law firm; that is, it provides legal advice to the federal government as well as legal services (for example, through the FPS, discussed earlier). (19)
  • Legislative bodyPoliceCriminal CourtsCorrectionsParoleTextbook:Notwithstanding these institutions “... keep in mind that the criminal justice system is first and foremost a human enterprise. The decisions of police officers, judges, probation/parole officers, and parole boards are generally based not on scientific formulas but on professional judgment, experience, and intuition ...” (3)Discretion – CJS personnel carry out their tasks within the framework of written laws and policies; but they also exercise considerable discretion when making decisions. Indeed, discretion is a key part of the CJS system and process.Conservatives: limitations on a judges discretion.
  • Other statutesFederal Government (parliament) is responsible for writing & enacting criminal laws in Canada Criminal statutes: Criminal Code of CanadaControlled Drugs & Substances ActYouth Criminal Justice ActAnti-Terrorism ActOther criminal justice policies enacted by federal & provincial governments, as well as criminal justice agenciesProcedural laws:the Sex Offender Information Registration Act (2004, c. 10) (http://www. canlii.org/ca/as/2004/c10) established a national sex offender database containing information on convicted sex offenders. The basis of Canadian criminal laws & its entire legal system is what is known ascommon law“The common law system originated in Europe and was imported to Canada in the 17th and 18th centuries. It emerged from decisions made by judges in the royal courts and was based on the notion of precedent: “whenever a judge makes a decision that is said to be legally enforced, this decision becomes a precedent: a rule that willguide judges in making subsequent decisions in similar cases.” A unique feature of the common law is that is exists in past decisions of judges rather than being embodied in legal codes or legislation.” (14)
  • Textbook:“The courts are organized in a hierarchy, with the Supreme Court of Canada at the top. Lower CourtsA.k.a. provincial courtsDeal with most casesSuperior CourtsTrial Division: serious casesAppeals Division (appeals from lower courts)Appeal CourtsHears appeals from superior courtSupreme Court of CanadaFinal appellate courtThe principle whereby higher courts set precedents that lower courts must follow. Underlying this principle is the idea that like cases should be treated alike. ... the Supreme Court of Canada rules on a thorny legal issue, all courts below it are bound to apply that ruling in subsequent cases.”
  • LTSO – Long Term Supervision Order
  • Arraignment (charges read)Preliminary inquiryOptional for indictable offenses to determine if there is enough evidence to proceed Followed by indictmentBail hearingTrialMostly by judge onlyMay elect jury trial in serious casesProof: guilt beyond a reasonable doubtSentencing trialTextbook:
  • Textbook:“The criminal justice system responds to lawbreaking with investigation, prosecution, and (when appropriate) punishment. It does not, however, respond to every breach of the law. Only a fraction of the criminal acts com-mitted come to the attention of the police, and only a much smaller fraction of these are heard in the courts or lead to a sentence of incarceration. So dramatic is this attrition of cases in Canadian criminal justice that it is often represented graphically by a funnel...” (3)
  • Crim 2304 mod 1 overview of the cjs

    1. 1. CRIM 2304: Canadian Criminal Justice Module One:Overview of the Canadian CJS 1
    2. 2. Contents1. Tenets & principles of the Canadian CJS2. Division of government powers vis a vis the CJS3. Five main CJ “institutions”4. Process within the Canadian CJS5. Weaknesses & limitations of the CJS 2
    3. 3. The CJS: An Overview A state-run system of formal social control/order maintenance Six Tenets: • Justice* • Deterrence • Punishment • Protection • Rehabilitation • Reintegration** Main principles of Canadian CJS 3
    4. 4. CJS Division of Powers 4
    5. 5. Five main CJ Branches1. Legislative: Criminal law / Criminal Justice Policy Making2. Police3. The Criminal Courts4. Corrections5. Parole 5
    6. 6. Criminal Law & Criminal Justice Policy Making Federal Government (parliament) is responsible for writing & enacting criminal laws in Canada Summary vs. indictable offences Criminal statutes: – Criminal Code of Canada – Controlled Drugs & Substances Act – Youth Criminal Justice Act – Anti-Terrorism Act Other criminal justice policies enacted by federal & provincial governments, as well as criminal justice agencies Canadian criminal laws & legal system is common law 6
    7. 7. Police Municipal Police – 67% of all police Provincial Police – Ontario, Quebec, Newfoundland RCMP – Federal statutes – “Contract Policing” 7
    8. 8. Criminal Courts Lower Courts – A.k.a. provincial courts – Deal with most cases Superior Courts – Trial Division: serious cases – Appeals Division (appeals from lower courts) Appeal Courts – Hears appeals from superior court Supreme Court of Canada – Final appellate court 8
    9. 9. Corrections Federal: Correctional Services Canada – 2 years or more Provincial corrections – Less than 2 years Community supervision – Parole, probation, statutory release, temporary absences 9
    10. 10. Parole Reintegration into society National Parole Board – Makes parole decisions for federal offences and all parole decisions in provinces other than Ontario, Quebec, B.C. Provincial Parole Boards – B.C., Ontario, Quebec – Makes parole decisions for provincial inmates 10
    11. 11. Process within the Canadian CJS 11Source: Public Safety Canada, http://www.publicsafety.gc.ca/csc-scc/report-rapport/bckgrnd-eng.aspx
    12. 12. Law Enforcement Arrest – With or without a warrant – Probable cause Appearance notice – Issued by police on the spot Summons – By justice of the peace Detention prior to trial – Discretion (of police and later judge) 12
    13. 13. Criminal Trial Arraignment (charges read) Preliminary inquiry  Optional for indictable offenses to determine if there is enough evidence to proceed  Followed by indictment Bail hearing Trial  Mostly by judge only  May elect jury trial in serious cases  Proof: guilt beyond a reasonable doubt Sentencing trial 13
    14. 14. Sentencing Sentencing trial Judge has many choices: – Probation, incarceration, suspended sentence, fine, house arrest Sentencing judge has discretion: takes into consideration pre-sentence reports, victim impact statements, mitigating/aggravating factors However, some crimes have mandatory minimum sentences (e.g., first degree murder) 14
    15. 15. Sanctions/Corrections Incarceration: Provincial or federal correctional institution Alternatives: – Probation – Community supervision – Treatment programs – Restitution 15
    16. 16. Parole Temporary absence – Medical treatment, compassionate (death, birth) counseling, decision made by prison official Day parole – Short periods, prepare for full parole, school, work, etc. – Eligibility starts 6 months before full parole Full parole – Apply after 1/3 of sentence is completed Statutory release – 2/3 of sentence expired, may be denied by parole board Lifers – No chance of parole for 25 years 16
    17. 17. Challenges, Limitations &Weaknesses of the CJS 17
    18. 18. Challenges facing the Canadian CJS Balancing the due process rights of the accused with the collective security of society as a whole Crime becoming increasingly complex and multi-jurisdictional; some investigations and trials are very expensive Increasingly multi-cultural society CJS is vulnerable to budget cuts CJS must battle against the sensationalized and “if-it-bleeds-it- leads” emphasis of the media Police need to involve & inform the public, but at what costs in terms of their safety and privacy of offenders (& victims) Victims traditionally left out of the process 18
    19. 19. Critiques of the CJSThe Criminal Justice System: is unable to cope with the actual quantity of crime fails to identify many criminal offenders and bring them to justice fails to rehabilitate those offenders who are identified by the criminal justice system fails to address the underlying factors associated with crime and criminality may in fact promote crime through corrections system discriminates against (visible) minorities is insufficiently resourced, contributing to “lack of justice” 19
    20. 20. The Crime FunnelReported 200 Actual 100 Cleared 34 Criminal cases Charged 22Convicted 15 Custody 4 % of total offenses 20
    21. 21. Attrition of Cases Many offences are not detected Victims may not report offences to the police Some cases are not recorded as crimes by police No suspect is identified Suspect may not be charged Charges may be withdrawn by victim or prosecution Suspect may plead guilty following plea bargaining Judge may dismiss case at preliminary hearing due to lack of evidence 21

    ×