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Criminal Justice Policy
A complex network of police, prosecutors, courts, correctional agencies, and parole boards.
Functions of Criminal Justice
Prevention, law enforcement, crime investigation, court processing, punishment of offenders.
Characteristics of Criminal Justice System
Not coordinated, checks and balances, different mandates, conflicting interests.
Formal Systems of Criminal Justice
Legislators, bureaucracy, police, courts, prosecution/Crown, correctional services, parole services.
Informal Systems in Criminal Justice
Media, victim’s groups, defense counsel.
Crime Statistics Reporting Factors
Must come to police attention, differences between police departments, social/economic factors, definitional changes.
Limitations of Crime Statistics
Not all crimes are reported, public confidence in police affects reporting, stats can be political tools.
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.
Political Science Insights on Criminal Justice
Safety and security as core government functions, relationships between citizens, state, and institutions.
Strengths of Political Science in Criminal Justice
Criminal justice policymaking influenced by political and policy processes.
Institutionalism in Criminal Justice
Focus on institutions vs actors, including laws, rules, and policies.
Reciprocal Relationship in Institutions
Institutions shape actors; actors shape institutions.
Policy Influences in Criminal Justice
Westminster Parliamentary system, federalism, and the Charter of Rights and Freedoms.
Accountability in Criminal Justice
Limits on actors’ power through checks and balances, and mechanisms for oversight.
Independent Judiciary
Judges have significant independence but require a balance.
Purposes of Crime Policies
Define unacceptable behaviors, strengthen formal social controls, structure the justice system, regulate behaviors of officials.
Characteristics of Crime Policies
Fragmented, symbolic, reflects public values and emotions.
Roles of Police
Crime prevention, law enforcement, victim assistance, public order maintenance, emergency response.
Role of the Crown
Prosecute to enforce law and maintain justice, provide legal advice.
Defense's Role
Represent legal rights of the accused and help navigate the criminal justice system.
Corrections' Role
Carry out sentences in safe custody and assist in rehabilitation and reintegration.
Structure of Canadian CJS
Federal and provincial jurisdictions as described in the Constitution Act, 1867.
Charter of Rights and Freedoms Sections (1982)
Sections 7-14 protect legal rights; Section 24(2) allows exclusion of evidence.
Impact of the Charter
Defines what is criminal at various stages: investigation, pre-trial, trial, post-trial.
Key Documents of Criminal Law
Criminal Code of Canada (CCC), Youth Criminal Justice Act, other statutes.
Types of Offences in CCC
Indictable, summary, and hybrid offences.
Recent Developments in CCC
Bill C-51 focused on significant crime reforms.
Federalism in Canadian Politics
System of two orders of government with specific constitutional jurisdiction.
Executive Branch in Canada
Administration and execution of government functions led by Prime Minister and Cabinet.
Public Safety Canada
Responsible for national security and emergency response.
Canada Border Services Agency (CBSA)
Govern admissibility of people and goods in Canada.
Canadian Security Intelligence Service (CSIS)
Collects and analyzes national security threats.
Role of Solicitor General
Oversees domestic security and correctional services.
Provincial Responsibilities for Criminal Law
Provinces manage and administer justice under federal laws.
Attorney General's Dual Role
Chief legal officer, responsible for policy and administration of justice.
Importance of Justice Portfolio
Senior cabinet position influencing large-scale reforms.
SNC-Lavalin Scandal
Conflict between political pressures and prosecutorial independence.
Shawcross Doctrine
Guides the AG to act in the public interest without cabinet direction.
Inter-state Federalism
Relations between political units require partnership and cooperation.
Provinces’ Discretion in Prosecution
Provinces have discretion not to enforce laws they disagree with.
RCMP and Provincial Policing
RCMP contracted for provincial policing, balancing national presence with local needs.
History of RCMP with Indigenous Peoples
Tensions exist stemming from historical policing practices.
National Uniformity vs Local Justice
Debate on uniform criminal law versus localized justice practices.
Policing Jurisdiction in Canada
Only Ontario and Quebec provide exclusive provincial policing.
Challenges of Interjurisdictional Policing
Bureaucratic delays and lack of local connection affect policing effectiveness.