crim final

what type of criminal justice system does canada, the usa, and germany have?

retributive justice

retributive justice

waits for the crime to occur and then react to it

primary focus of retributive justice

the past, specifically determining guilt (mens and actas reus) and issuing punishment for deterrence

who is the victim in retributive justice

the state, not an individual

what is the adversarial fight of retributive justice?

between lawyers where the outcome depends on financial resources rather the the truth or evidence

retributive systemic discrimination

the system itself is inherently discriminatory and racist at the macro level, regardless of the people working in it

the issue with mandatory minimum punishment in retributive justice

focuses on deterrence, but fails to address the root causes which can worsen the situation for offenders

what are the three levels of policing?

municipal, provincial, and federal

indigenous policing

units that are governed by the police act that work specifically within indigenous communities

how long can an officer detain an individual?

up to 4 hours while searching for evidence

what happens if a youth is arrested?

if they’re under 18, police must contact their parents

what is the difference between a ticket and a fine?

police issue tickets and only a judge can issue a fine

what are the options if you’re arrested?

get put into jail immediately or issue a promise to appear

what is the bail/remand criteria?

a judge decides is someone should stay in prison based on their danger to society, likelihood of failure to appear, or public interest

how much of the police force is patrol?

at least 50%

what were the kansas city patrol experiment (1972) findings?

crime rate remained the same regardless of the level of patrol, patrol levels had no influence of public fear of crime, and random patrols result in random results

what is a benefit of patrol?

it is primarily effective for responding to emergencies

why is hard to reform patrol?

it is a massive part of the police work and their budget with many officers spending their entire careers doing patrol

proactive justice

acts faster than reactive justice but still waits for crime to occur

preventative justice (indigenous justice)

aims to stop crimes before they happen by addressing root causes

what are the barriers of preventative justice?

it is time consuming and often lacks political support

restorative justice

views crime as individual harm done to a person and the community

what is the role of the offender in restorative justice?

to make reparations and fix they harm they caused

what is the role of the victim in restorative justice?

they are a central piece in the process with the goal of restoring them to their state prior to the offense

what is the philosophy of restorative justice?

focuses of negotiation and mediation to reach a conclusion everyone can live with

risk, needs, responsivity model (RNR model)

focuses on managing the risk of offenders

what is a criticism of the RNR model?

it focuses too much on punishment and managing risk (responsivity) rather than addressing underlying social needs

good lives model (GLM)

a positive, holistic approach created in austrailia focused on “primary goods” to help offenders gain autonomy

what are the typers of NGOs?

community, business, and gov

community NGOs

traditional non-profits such as john howard society

business NGOs

charitable arms or sister companies of corporations

government NGOs

public institutions like universities and hospitals that have operation independence

social return on investment (SRI)

a system where private enterprises fund NGOs, and the government repays them if results are met

what is the risk or SRI?

it monetizes social problems, pressuring NGOs to fake data to meet targets and prioritizes profit over social outcomes

john howard society

focuses on bail programs, education, and teaching laws to newcomers

elizabeth fry society

smaller organization focusing exclusively on female offenders, providing in-jail services, advocacy, and reintegration

social injustice

the unequal distribution of power and resources

what are the core principals of social justice?

equal worth of citizens, universal access to basic needs (food, shelter, healthcare, education), and the right to dignity and autonomy

how is capitalism a barrier of justice?

resources aren’t equally distributed

how is detection a barrier for justice?

it t is easier to see injustice in the past or far away such as ukraine than in one's own city

how is cost a barrier for justice?

mitigating injustice requires significant time, money, and resources

conflict theory and justice

the legal system is biased to protect the powerful

paul manafort case

a wealthy man received a lenient sentence (36 months) and a special pardon (absolving all past crimes) while a marginalized person received a harsher sentence (40 months) for a minor theft

life (GLM)

focuses on healthy living and physical functioning, noting that an unhealthy body can lead to an unhealthy mind

knowledge (GLM)

involves obtaining education and being well-informed about important things

excellence in play (GLM)

emphasizes the importance of hobbies and recreational pursuits for mental health and happiness

excellence in work (GLM)

refers to vocational b and skills, such as learning a trade, to address the risk factor of unemployment

excellence in agency (GLM)

teaches offenders autonomy and self-directedness, showing them how to take control of their lives and say "no" to negative influences

inner peace (GLM)

aims for freedom from emotional turmoil and stress, often through psychological counseling

relatedness (GLM)

teaches offenders how to form healthy social, romantic, and familial relationships while avoiding toxic ones

community (GLM)

encourages a connection to wider social groups, making it more difficult to break the law when one feels part of society

spirituality (GML)

this is not necessarily religious; instead, it focuses on helping an individual find a purpose in life

pleasure (GLM)

recognizes the need for feeling good in the "here and now," even while in prison, to improve the chances of success after release

creativity (GLM)

focuses on finding constructive ways of self-expression, such as art, that do not lead to criminal behaviour

what are the ten core ideas needed to eliminate social injustice?

1. self-respect and dignity for all people

2. working toward common goods within the community

3. balancing rights and responsibilities

4. prioritizing the poor and most vulnerable members of society

5. ensuring everyone is able to participate in politics, the economy, and social life

6. ensuring that profit is not prioritized over the safety of workers

7. solidarity, which involves recognizing that everyone is equal and human

8. promoting peace both within one’s nation and on the world stage

9. governance, which refers to the necessity of having laws and social structures that support and enforce all the previous points

how much of canada’s GDP is NGO contributed?

8.5%, totalling to roughly $169.2 billion

how many canadians have volunteered

42%, adding $42 billion to canada’s GDP

how many people are employed through NGOs?

2 million people

glaude report

when an indigenous person's past and historical context are taken into account during sentencing

what is retributive justice?

a system of justice based on punishment for the sake of punishment or a moral imperative, such as “an eye for an eye”

justice in execution and application

the idea that injustice is not always found in the written law itself, but in how the law is carried out and applied by criminal justice actors

sentencing reform act of 1984

legislation aimed at enhancing the criminal justice system’s ability to combat crime through an effective and fair sentencing system

honesty in sentencing

focuses on transparent and truthful sentencing practices

uniformity in sentencing

an objective aimed at narrowing the wide disparity in sentences imposed on similar criminals for similar crimes

proportionality in sentencing

a system that imposes different sentences based on differing severity of the criminal conduct

human dignity

identified as the ethical foundation of a moral society and the first ten principals used to mitigate social injustice

plato’s prevention/deterrence

• argued that punishment should not be used as retaliation for a past wrong that cannot be undone

• instead, he believed one should punish for the sake of prevention, so that both the offender and those who see the punishment are deterred from doing wrong again

kant’s retribution

• viewed punishment as a “moral imperative”

• retribution is justified simply because a law was violated

  • “eye for an eye” approach

beccaria’s classical deterrence

• advocated for a rational approach where punishment fits the crime, not the criminal

• argued that for the punishment to act as a deterrent for ration, pleasure-seeking beings, it must be certain, swift, and proportionate

bentham’s classical deterrence (included w/ beccaria)

believed individuals make calculated decisions to enhance pleasure and avoid pain, necessitating a clear and deterrent legal system

what are the different philosophies mentioned in the text?

• plato - don’t punish to get even for the past; punish to stop it from happening again in the future

• kant - punishment is a moral requirement, so if you break the law, you must be punished because it is the thing to do, regardless of the results

• beccaria - punishment should be a rational calculation where it must fit the crime, not the person, and it only works if it is certain, swift, and proportionate

• bentham - humans are calculated beings who do things to gain pleasure and avoid pain, so law must make the “pain” of crime slightly higher than the “pleasure” of the act