Sociology 327 Midterm 1

Criminal Code of Canada

A federal statute that lists the criminal offenses and punishments defined by parliament as well as justice system procedures

Antisocial Behaviour

Conduct that can be disruptive and reduce our quality of life, but might not be considered a criminal act

Informal Antisocial Control

When people conform to the law and other social norms because of the actions and opinions (praise, disapproval, etc.) of other individuals

Norms

Standards of acceptable behavour that are based on tradition, customs, and values

Public Law

A type of law addressing matters that affect society, such as responding to a person who commits a criminal act

Private Law

Legal matters that relate to the relationships between individuals or businesses that involve contracts

Jurisdiction

The range of a government's or courts authority (Ex: provinces have jurisdiction over non-criminal traffic matters)

Malum in Se

An act that is universally considered by the public as being evil or harmful to society, such as homicide

Malum Prohibitum

An act that is defined as illegal or wrong by a government, but is not considered wrong in itself, such as speeding on a highway

Summary Offences

Crimes that carry a less serious punishment, in which judges can impose a jail sentence of up to 6 months and/or a maximum fine of $5,000

Indictable Offences

Serious offences, such as homicide, where the defendants must appear in court and cases are heard before federally appointed judges

Hybrid OR Dual Offences

Offences that can be prosecuted as either summary offences or indictable offences

General Social Survey

An annual survey of Canadians that is conducted by statistics Canada about a range of social trends, where each annual survey addressing one theme in depth

Contract Policing

A form of policing where a police service, such as the RCMP or OPP, provides policing to a municipality under a contract

Inferior Courts

Provincial and territorial courts that have limited jurisdiction and deal with less serious adult and youth criminal matters, as well as civil, family, traffic, and municipal bylaw cases

Supreme Court of Canada

The highest court in Canada; it only hears cases that are being appealed out of a lower court

Jails

Facilities where individuals are held awaiting their court appearances (called provincial correctional centres in most provinces, but jails in Ontario)

Detention Centres

Facilities where individuals are held awaiting their court dates or serving short periods of incarceration (called provincial correctional centers in some provinces)

Correctional Centres

Facilities that hold inmates sentenced to terms of incarceration of two years or less

Special Handling Units

High-security units within a maximum-security penitentiary where the movement of prisoners is very controlled

Day Parole

A type of release for federal prisoners who live in a community-based facility and usually work, attend school, or participate in treatment during the day

Probation Officers

Provincial officials who prepare reports for the courts about sentencing options for individuals convicted of crimes and monitor their activities (if serving community-based sentences)

Parole

A form of conditional release from a federal correctional facility to the community, where the ex-prisoner is supervised by a parole officer

Statutory Release

A form of supervised release that is automatically granted after federal prisoners with determinate sentences of three years or longer have served two-thirds of their sentences (does not apply to dangerous offenders or lifers serving indeterminate sentences)

Secure Custody Facilities

High-security youth custody facilities that are usually large and often look similar to adult correctional centres (also known as closed custody facilities)

Open Custody Facilities

Low-security youth custody facilities that are generally small and are sometimes located in residential neighbourhoods

Sequencing

The treatment of people involved in the justice system follows a set pattern that is dictated by law and policy

Alternative Measures Programs

Programs that divert individuals involved in minor crimes, such as property offences, from the formal justice system and usually require the individual to participate in community service work, make restitution to victims, attend counselling, or make an apology to victims

Extrajudicial Sanctions

Alternative measures programs for youth

Restitution

When an individual makes a payment to the victim for the losses that were experienced by the victim, such as property damage or loss

Plea Agreement

An agreement arranged by a defendant’s counsel and a prosecutor that usually involves the accused pleading guilty in return for a less serious punishment

Dangerous Offenders

Individuals who the court has deemed to be a threat to the life, safety, or physical/mental well-being of the public

Crime Control Model

An approach to justice that is based on the philosophy that it is more important to protect society than the rights of any individual

Assembly-line Justice

An approach to justice where a priority is placed on quickly processing minor matters in criminal courts with the assumption that most defendants are guilty

Due Process Model

An approach to justice that is based on the philosophy that the justice system needs to protect the rights of a defendant

White-collar Offenders

People who engage in financially motivated, non-violent crimes

Canadian Centre for Justice Statistics (CCJS)

An organization operated by Statistics Canada that produces reports on crime, offenders, victims, and the operations of the justice system

Homicide

When someone causes the death of another person

First-degree Murder

A planned and deliberate act that results in death

Second-degree Murder

A deliberate but unplanned act that results in death

Unlawful Act

An act that is not authorized or justified by law

Criminal Negligence

An act that shows reckless disregard for the lives or safety of other people

Sexual Assault

An assault of a sexual nature, including assaults committed by individuals of the same sex or assaults committed against one’s spouse

Robbery

An act of theft that also involves violence or the threat of violence

Assault

A crime of violence that can range from a relatively minor act (level 1, also called “common assaults”) to a serious crime resulting in severe bodily harm (level 3)

Break and Enter

When an individual breaks into a residence or business, usually with the intent to steal items

Motor Vehicle Theft

The theft or attempted theft of a land-based motorized vehicle

Theft

Taking another person’s possessions without their consent

Identity Theft

When an individual obtains another person’s information in order to commit offences such as fraud or forgery

Street Crimes

Violent, property, and public order offences that are contrasted against crimes of the powerful (such as white-collar crimes)

Occupational Crimes

Offences that are committed by individuals for their own benefit in the course of their employment

White-collar Crimes

Non-violent crimes that are committed for monetary gain (include acts of corruption)

Hot Spots

Areas where a high volume of crimes occur (Ex: near rowdy bars)

Organizational Crimes

Offences committed by employees of legitimate businesses that are intended to increase profits or otherwise benefit the organization

Price-fixing

When business owners engage in a conspiracy to reduce competition or to keep prices of a product or service artificially high

Genocide

The systematic killing of a population, such as an ethnic, racial, religious, or national group

Crimes Against Humanity

Violent acts and persecution of a civilian population that are committed as part of a systemic attack

Critical Criminologists

Scholars who argue that justice systems are designed to maintain class relationships

Crime Severity Index

A measure of the volume and seriousness of crime based on all Criminal Code and federal statute offences reported to the police

Violent Crime Severity Index

A measure of the volume and seriousness of all violent offences that includes homicide, all three levels of assault, robbery, sexual assault, uttering threats, forcible confinement/kidnapping, attempted murder, and criminal harassment

Non-violent Crime Severity Index

A measure that considers all crimes that are not included in the violent CSI category

Youth Crime Severity Index

A measure of the volume and seriousness of all crimes committed by youth between the ages of 12 and 17 years of age

Dark Figure of Crime

The difference between the amount of crime that occurs and the amount of crime that is reported to the police

Self-report Surveys

A type of survey where respondents answer questions about their attitudes, beliefs, or experiences, including being an offender or crime victim

Approximately what percentage of Americans admitted to committing a crime they knew they’d be punished for if caught?

91-92%

What are the three major agencies of the Canadian criminal justice system?

The police, the courts, and the correctional system

What are the two legal definitions of crime? (We know a crime has occurred when…?)

1. A law is broken

2. A person has been deemed guilty of a crime and punished accordingly

What is the issue with defining crime legally?

Not every person who violates the law is caught, or charged, or convicted

What is the social definition of crime?

Crime is a violation of social norms, said to cause social injury

What is the issue with defining crime socially?

Many don’t agree with laws, so they aren’t a reflection of society’s views; Social norms are too complicated to define

What is the constructionist definition of crime?

Crime is the result of social interaction; a negotiated process involving the police and Crown prosecutors

What are the three main objectives of the CJS?

1. to control crime

2. to prevent crime

3. to maintain justice

What is the Justice Model of criminal justice (which adheres to the values of most Canadians)?

1. guilt/innocence and the resulting sentence (or lack thereof) should be administered fairly using available evidence

2. The punishment should fit the crime

3. Similar cases should be treated similarly and different cases should be treated differently

What would be a utopian criminal justice model? (Nobody’s quite figured this out yet)

Punishments are tailored to the offender, but the system remains fair

Why do we care to define crime?

Because its important in order to quantify crime, explain why people engage in crime, and design effective justice policies

What is an “originalist”?

Someone who interprets justice the way they assume the founding fathers would have (which is dumb because law is ever-changing)

Who decides whether a hybrid offence should be treated as a summary or indictable offence?

The crown prosecutor (NOT the judge)

What are the three levels of police agencies in Canada?

Municipal, provincial, and federal (most work at the municipal level)

Adversarial System

The competitive “winner takes it all” system used in Canadian courts (no, we can’t just talk it out like adults)

Why do many cases involve multiple charges?

Because there is a better chance that at least 1 charge sticks (makes us question fairness… couldn’t everyone be charged with something?)

What are the 4 levels of courts in Canada?

1. Provincial Courts (assembly-line justice)

2. Superior Court (more serious offences)

3. Court of Appeal (you guessed it, appeals from other 2 courts)

4. Supreme Court of Canada (final say)

Which 2 figures are the only ones above the Supreme Court?

The Justice Minister and The Prime Minister (can grant pardons, etc.)

What is significant about the R v Stinchcombe case?

• RCMP pulled and withheld documents that would have exonerated the defendant, leading to a mistrial

• It has been decided that every fact and piece of evidence must be disclosed, whether it helps or hurts the case

• This became a cornerstone of Canadian justice

Which new ICE policy strays from democracy and leans heavily towards fascism?

Allowing officers to enter homes without a judge’s warrant

Each actor in the Canadian Justice System has discretion, which is good, but what is the danger of this?

Discretion can mix with bias and quickly turn to discrimination

Which two kinds of institutions can an offender be held in?

Federal or provincial (but the vast majority serve time in provincial institutions)

Why do so many offenders receive parole or statutory release before their sentence is up?

Because sentence lengths are designed to increase chances that the offender can reintegrate into society (why bother improving yourself if you’re going to die in prison?)

What is supposed to be keeping our justice system fair? What factor actually has a major impact on the system’s “fairness”?

Systematic safeguards; money

Criminal Justice Funnel

Model that illustrates that fewer and fewer cases reach the next screening point in the CJS

Approximately what percentage of the total number of charges make it to imprisonment/custody?

6%

About what percentage of crimes witnessed are actually reported?

50%

What are 5 sources of discretion?

1. victims

2. police

3. bail hearings

4. prosecution

5. sentencing

How are victims a source of discretion?

Not reporting crimes (not important enough, nothing could be done, dealt with another way, too personal, etc.)

What percentage of criminal suspects were not processed to the next stage, even when the police believed a crime had been committed?

Almost 50%

How are police a source of discretion?

Not laying charges because they find the case unfounded or too minor to proceed

What is a grand jury (USA)?

In some places in the USA, grand juries will meet to decide if there’s enough evidence to convict the accused (gives police much more control, takes longer, and is much less democratic)

What is a bail hearing?

A decision to determine whether an individual can be released from custody before their day in court

How are bail hearings a source of discretion?

Whether a person is unfit to be released is based on a lot of vibes (like, this person looks sketchy), wealth/class bias is present (some cannot afford bail), and those denied bail are less likely to be acquitted and more likely to be found guilty

How is prosecution a source of discretion?

In the time between the laying of the arrest and when the prosecution proceeds, charges are often stayed (victim may not wish to testify, may be a lack of quality evidence, a deal may have been struck with the accused, etc.)

How is sentencing a source of discretion?

Sometimes extra-legal factors affect sentencing decisions (wealth, class, appearance, social connections, etc.)