Week 4 - Responding To Crime

What is the Purpose of the CJS?

To respond to behavior related to crime

• Ensure rights of victims and offenders

• Achievement of justice

• Protection of communities

Heavily idealized

Constitution Act, 1867

Established the idea of jurisdictions

• Categorized and outlined which governments have jurisdiction over criminal behaviors

• e.x. Federal governments responsible for establishing law, Provincial enacts law enforecment

Public Understanding of the CJS

Sees how the public is reliant on the CJS to responding on injustice

• CJS isn’t responsible for the entirety of crime - community involvement should prevent behavior

Two types of overreliances on crime

Consequences Overdependence

Consequences of Unmet Expectations

Consequences on Overdependence

Public dependence on CJS means

• It fails to involve itself in crime

• Fails to see what roles it can play

• Fails to see the limitations of CJS

Consequences of Unmet Expectations

Expectation that CJS can handle all crime = expectation not met

• Results in fear that leads to more crime control approaches

The two Crime Control Philosophy

Crime Control Model

Due Process Model

Crime Control Model

Protection of community > Presumption of Innocence

• Assumes most offenders are guilty

• Punishment is swift

Prioritizes Retribution and Deterrence

• Punishment comes right after wrongdoing

Due Process

Presumption of innocence is held at a high regard

• Deep investigation to ensure guilt is proven beyond a reasonable doubt

• Tries to exemplify justice and equality for every party in the CJS

Examples include: Restitution, Rehabilitation, and Restorative Justice

Retribution - Crime control

eye for an eye - revenge

• Punishments are guided by the idea of proportionality

• Punishment should be equal to the offence

Deterrence - Crime Control

Whatever the punishment, the offender will comply and do as told

• Focused on the individual - prevent recidivism

  • e.x. Follow conditions on probation, incarcerate them, or involve themselves in programs

Can be done to deter future offenders

• Focused on the public - make an example out of someone

Incapacitation - Crime Control

Remove an individual from society (lock them up)

• Also prevents recidivism, but doesn’t work as effective for repeat offenders

Question - Does the CJS’s Crime Control methods deter criminal behavior?

According to Ontario stats,

• Compared to community supervision, 6+ month jail sentences saw much higher recidivism levels

• Who is likely to receive community supervision vs. jail sentences