LECTURE 1+2 NOTES

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45 Terms

1

Criminal Justice Policy

A complex network of police, prosecutors, courts, correctional agencies, and parole boards.

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2

Functions of Criminal Justice

Prevention, law enforcement, crime investigation, court processing, punishment of offenders.

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3

Characteristics of Criminal Justice System

Not coordinated, checks and balances, different mandates, conflicting interests.

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4

Formal Systems of Criminal Justice

Legislators, bureaucracy, police, courts, prosecution/Crown, correctional services, parole services.

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5

Informal Systems in Criminal Justice

Media, victim’s groups, defense counsel.

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6

Crime Statistics Reporting Factors

Must come to police attention, differences between police departments, social/economic factors, definitional changes.

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7

Limitations of Crime Statistics

Not all crimes are reported, public confidence in police affects reporting, stats can be political tools.

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8

Three Rules of Crime Stats (Gardner)

Trends depend on positive/negative framing, critics’ reactions depend on the direction of stats, violent incidents shift focus to negative stats.

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9

Political Science Insights on Criminal Justice

Safety and security as core government functions, relationships between citizens, state, and institutions.

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10

Strengths of Political Science in Criminal Justice

Criminal justice policymaking influenced by political and policy processes.

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11

Institutionalism in Criminal Justice

Focus on institutions vs actors, including laws, rules, and policies.

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12

Reciprocal Relationship in Institutions

Institutions shape actors; actors shape institutions.

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13

Policy Influences in Criminal Justice

Westminster Parliamentary system, federalism, and the Charter of Rights and Freedoms.

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14

Accountability in Criminal Justice

Limits on actors’ power through checks and balances, and mechanisms for oversight.

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15

Independent Judiciary

Judges have significant independence but require a balance.

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16

Purposes of Crime Policies

Define unacceptable behaviors, strengthen formal social controls, structure the justice system, regulate behaviors of officials.

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17

Characteristics of Crime Policies

Fragmented, symbolic, reflects public values and emotions.

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18

Roles of Police

Crime prevention, law enforcement, victim assistance, public order maintenance, emergency response.

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19

Role of the Crown

Prosecute to enforce law and maintain justice, provide legal advice.

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20

Defense's Role

Represent legal rights of the accused and help navigate the criminal justice system.

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21

Corrections' Role

Carry out sentences in safe custody and assist in rehabilitation and reintegration.

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22

Structure of Canadian CJS

Federal and provincial jurisdictions as described in the Constitution Act, 1867.

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23

Charter of Rights and Freedoms Sections (1982)

Sections 7-14 protect legal rights; Section 24(2) allows exclusion of evidence.

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24

Impact of the Charter

Defines what is criminal at various stages: investigation, pre-trial, trial, post-trial.

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25

Key Documents of Criminal Law

Criminal Code of Canada (CCC), Youth Criminal Justice Act, other statutes.

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26

Types of Offences in CCC

Indictable, summary, and hybrid offences.

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27

Recent Developments in CCC

Bill C-51 focused on significant crime reforms.

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28

Federalism in Canadian Politics

System of two orders of government with specific constitutional jurisdiction.

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29

Executive Branch in Canada

Administration and execution of government functions led by Prime Minister and Cabinet.

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30

Public Safety Canada

Responsible for national security and emergency response.

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31

Canada Border Services Agency (CBSA)

Govern admissibility of people and goods in Canada.

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32

Canadian Security Intelligence Service (CSIS)

Collects and analyzes national security threats.

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33

Role of Solicitor General

Oversees domestic security and correctional services.

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34

Provincial Responsibilities for Criminal Law

Provinces manage and administer justice under federal laws.

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35

Attorney General's Dual Role

Chief legal officer, responsible for policy and administration of justice.

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36

Importance of Justice Portfolio

Senior cabinet position influencing large-scale reforms.

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37

SNC-Lavalin Scandal

Conflict between political pressures and prosecutorial independence.

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38

Shawcross Doctrine

Guides the AG to act in the public interest without cabinet direction.

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39

Inter-state Federalism

Relations between political units require partnership and cooperation.

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40

Provinces’ Discretion in Prosecution

Provinces have discretion not to enforce laws they disagree with.

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41

RCMP and Provincial Policing

RCMP contracted for provincial policing, balancing national presence with local needs.

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42

History of RCMP with Indigenous Peoples

Tensions exist stemming from historical policing practices.

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43

National Uniformity vs Local Justice

Debate on uniform criminal law versus localized justice practices.

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44

Policing Jurisdiction in Canada

Only Ontario and Quebec provide exclusive provincial policing.

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45

Challenges of Interjurisdictional Policing

Bureaucratic delays and lack of local connection affect policing effectiveness.

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