1. Answer: Compare And Contrast UCR, GSS And Self–Report Studies. UCR
Answer:
Compare And Contrast UCR, GSS And Self–Report Studies.
UCR uses a census approach in criminal justice whereby a survey is incorporated. On the
other hand, GSS is just a sample survey. A continuous historical record of annual crime
statistics with UCR while GSS operates on a repeating cycle. The data obtained is significant
in establishing the crime patterns in Canada. The statistics help determine the prevalent
crimes and hence help in reducing the crime rate by dealing with the most prevalent crimes.
Charter, Focuses On Legal Rights And The Impact Of Charter On CJS.
The charter is a part of the Canadian constitutional Act 1982. According to section 7 of the
charter, a constitutional provision protects the citizens' rights from the government's
actions. The charter provides equal rights and freedom to all citizens and calls for equality
before the law (Chemerinsky, 2019). According to this charter, three types of protection are
assured to citizens:
Right to life
Right to liberty
And the security of the person
The denial of such rights is deemed a violation of the constitution. However, denying these
rights is considered constitutional if the denial does not violate fundamental justice. The
charter applies beyond merely protecting due process and ensures that all citizens are
treated fairly and equally by the law.
The charter presents some impacts on the CJS. The greatest impact of the charter on the CJS
is that it protects legal rights. The greater safeguard for accused persons is among the
challenges presented by the charter, where the charter protects the accused against any
mistreatment. On the same note, the charter presents an effect of the accused having the
right to speak to a lawyer. In this case, the accused cannot be convicted and charged without
being granted the right to speak to a lawyer.
2. Division Of Criminal Justice Powers And Responsibilities Between Different Levels Of
Government
The federal and provincial governments are accountable for the justice organization in the
Canadian judicial structure (McCrossan, & Ladner, 2016). The federal government must pay
and appoint adjudicators of the superior courts within the provinces. The legislature has the
power to found a universal court of appeal and other courts. The court system in Canada
follows a certain division where the courts are divided into federal courts and provincial
courts.
The Supreme Court is considered the final court of appeal, performing two functions:
hearing appeals from the cases of appeal courts in all the provinces and deciding important
considerations about the constitution. The court is answerable to the government about its
opinion on important legal questions. This court is considered the final court that makes the
final decisions on the appeals from other courts in the provinces.
The federal government also establishes the federal court, the federal court of appeal and
the Tax court. The federal court deals with cases involving intellectual property, maritime
law and other cases related to terrorism. On the other hand, the Tax courts deal with
appeals from the tax assessments. The federal court of appeal is charged with the duty to
review the decisions of both the federal court and the tax court.
The provincial courts are divided into superior courts and administrative tribunals.
Provincial courts deal with criminal crimes, money and family matters. Generally, the
superior courts are considered the highest courts in a territory and handle the most serious
criminal cases and can review the decisions made by the provincial courts.
On the other hand, the Canadian government is divided into three branches concerning
criminal justice. The federal government must create laws and manage programs and
services that affect the whole country. The provincial and territorial governments are
charged with the duty and powers to make decisions pertaining to areas of law that impact
the province or territory directly.
The process from arrest to sentence completion
A search is conducted, and the suspect is arrested. The trial proceeds. During the trial,
parole may be introduced. The judges give out the verdict, and the punishment is offered to
the offender.
The Criminal Justice Professions
Professionals in criminal justice must meet the educational requirements to qualify for the
profession. Under training, the professionals are equipped with written communication
3. skills, time management, listening and speaking, critical thinking, and decision-making
skills. In this case, the skills are equipped to the professionals to prepare them to adapt to
the different challenges that they may face. The professionals must ensure fairness and
justice in the criminal justice. Despite any strengths of the system, the overrepresentation of
indigenous people presents a greet allege to the system.
The experience of women and Minority groups working in the CJS
The Canadian criminal justice allows women to work as CS. Like other males, the women
must satisfy the educational and experience requirements in this field. Women working in
this area must be a citizen of the country holding an LLB degree and should have worked as
a high court judge for at least five years of being an advocate for ten years. The minority
groups are also well represented by their chosen leaders in the system. The leader chosen
presents the grievances of the minority groups, which the system needs to address.
The experience of indigenous people in the CJS, legacies of colonization, restorative justice,
Gladue courts and reports
The native people are overrepresented in the Canadian justice system (Cesaroni, Grol, &
Fredericks, 2019). Despite their small population, these people make up 30% of all
incarcerated individuals in Canada. Since the time of colonization, the indigenous people
were considered to be is treated group by the constitution. The people were alienated from
their land, and most suffered a lot. The concept of restorative justice has been widely
applied in the Canadian criminal justice system, where it advocates for repairing the harm
suffered due to the crime. Unlike retributive justice, which advocates punishing the
lawbreakers, restorative justice calls for mediation in repairing the harm suffered due to the
crime committed. The Gladue court is a special court for the individuals charged with
crimes and self-identifying as indigenous. The courts have dealt with any cases of the
indigenous people and have helped many of them get justice.
Levels Of Policing In Canada
Canada has three levels of policing, including the provincial, municipal and federal. At the
provincial level, the royal Canadian mounted police provide policing services in the eight
provinces. The smaller Canadian cities are charged with policing duty at the municipal level.
The federal-level deals with the courts, which hear and makes decisions on various cases.
Search Warranty And Arrest Warranty
According to section 8 of the charter, everyone has the right to be secure against
unreasonable search.
Police officers are allowed to search a person if it is incidental to a lawful arrest. In this case,
4. the search and the arrest warranties are required when the police need to search a suspect.
The warranties are needed to ensure that the search is reasonable and that the search does
not violate the rights of the convicted under the charter. To obtain such warranties, a
constable must verify to a judge or other magistrate that likely cause subsists for the
anticipated search.
Police use of force standard, force option available
The police service board deals with the police force in executing their duties. Sections 25
and 26 of the criminal code of Canada it justifies that the police use as much as a reasonably
necessary force in the execution of their duties. However, the police force should not exceed
the extent of violating the individual's rights. The excessive police force constitutes police
brutality, which is against the law.
Hierarchy Of Courts
The courts are divided into provincial and federal courts. The Supreme Court is considered
the final court of appeal, performing two functions: hearing appeals from the cases of appeal
courts in all the provinces and deciding important considerations about the constitution.
The court is answerable to the government about its opinion on important legal questions.
This court is considered the final court that makes the final decisions on the appeals from
other courts in the provinces.
The federal administration also establishes the federal court, the federal court of appeal and
the Tax court. The federal court deals with cases involving intellectual possessions,
maritime law and other cases related to terrorism. On the other hand, the Tax courts deal
with petitions from the tax valuations. The federal court of appeal is charged with the duty
to review the decisions of both the federal court and the tax court.
The provincial courts are divided into superior courts and administrative tribunals.
Provincial courts deal with criminal crimes, money and family matters. Generally, the
superior courts are considered the highest courts in a zone and deal with the greatest
severe unlawful cases and can appraise the choices made by the provincial courts.
Specialized Problem-Solving Courts
Such cases have ascended in the criminal court cases connecting drug crimes, inland
ferocity, cerebral health-related crimes and indigenous fairness. The advantage of these
courts is that the participants from either issue benefit from the particular courts. The
specialized judges have a better appreciation of matters. On the other side, it is
disadvantageous that the courts take away cash and incomes from the general court.
Types of trials, when juries are used, concerns related to juries
5. The types of trials include the summary conviction crimes and the indictable offences. Juries
are used to any criminal offence involving a prison sentence of five years or more. The
concerns are whether the defendant is liable on the balance of probabilities.
Types Of Sentences
The types of sentences are concurrent, conditional, intermittent and consecutive. Indictable
sentences are applied to serious offenses. Such crimes come with more serious punishment
than other offences.
Factors Affecting Sentences
When the accused individual pleads guilty at a trial, the court must determine a fair
sentence. In this case, the sentence is affected by factors such as the conditions, the
weightiness of the crime and the criminal's degree of accountability.
Probation
Trial is the sentence that one serves in the public. The court may order one to complete the
period of probation. The maximum length of probation is usually three months. Violation of
probation leads to jail.
Incarceration
Incarceration is considered the main form of punishment and rehabilitation for the offences
committed. The institutional is termed as the correctional centres are aimed at
rehabilitating the offenders.
Correctional Plan
It is an article that sketches a danger controlling plan for each lawbreaker. It monitors the
strategies essential to address areas related with re-offending risk. The preparation passes
through the stages of assessment and security classification. The plan is used in proving the
effectiveness of reducing re-offending.
Release of parole, eligibility date, the parole application process, consequences for violation
The parole board decides whether to grant parole. The lawbreakers are usually qualified for
full parole at 1/3 of their judgment or seven years (Turnbull, 2016). For day parole,
criminals are qualified six months before their full parole eligibility. If an individual violates
the parole, the parole is suspended until the investigation is completed and the individual is
returned to prison.
6. References
Cesaroni, C., Grol, C., & Fredericks, K. (2019). Overrepresentation of Indigenous youth in
Canada’s criminal justice system: Perspectives of Indigenous young people. Australian &
New Zealand Journal of Criminology, 52(1), 111-128.
Chemerinsky, E. (2019). Constitutional law: principles and policies. Aspen Publishers.
McCrossan, M., & Ladner, K. L. (2016). Eliminating Indigenous jurisdictions: Federalism, the
supreme court of Canada, and territorial rationalities of power. Canadian Journal of Political
Science/Revue canadienne de science politique, 49(3), 411-431.
Turnbull, S. (2016). Parole in Canada: gender and diversity in the federal system. UBC Press.
