CRM2308 week 4

Introduction to Criminal Justice Policy

• Course: CRM 2308A, Winter 2025, Week 4

• Focus: Understanding the concept of policy in the context of criminal justice.

Definition of Policy

• Variable Meaning: The term 'policy' varies across different contexts and users (individuals, groups, agencies, etc.).

• Course of Action: Described as a choice of action or inaction rather than specific actions.

• Web of Decisions: Refers to the interconnectedness of decisions that allocate societal values.

• Set of Interrelated Decisions: Involves selecting goals and means within specific situations.

• Contextual Nature: Policy shapes itself based on the context it operates in.

• Process and Product: Encompasses both decision-making processes and their outcomes.

Characteristics of Policies

• Explicit vs. Implicit: Policies can be clearly defined or understood only indirectly.

• Intentional vs. Accidental: Can be intentionally crafted or formed through unplanned actions.

• Single Instance vs. Gradual Development: May emerge from singular decisions or evolve over time.

• Patterns vs. Initiatives: While designed to create consistent practice, some policies may not reach implementation.

• Public Policy Definition: Defined as actions taken by government addressing public issues, processed through governmental frameworks (Hogwood & Gunn, 1984).

Public Policy vs. Private-Sector Policy

• Funding and Legal Support: Public policies arise from public funding and are backed by the legal system, critical in criminal justice where sanctions, like loss of liberty, are involved.

• Unpredictable Policy-making: Reflects the non-linear nature of real-world policy. Factors such as values, interest groups, and public opinion create challenges in policy-making.

Dynamics of Criminal Justice Policies

• Nature of Decisions: Rational decision-making in policy is often challenged by external factors.

• Role of Stakeholders: Involvement extends beyond government to include civil society and the private sector, influencing policy direction.

• Purposes of Crime Policies:

  • Defines unacceptable behaviors punishable by law.

  • Supports informal social controls preventing crime.

  • Establishes frameworks for the criminal justice system.

  • Authorizes behavioral norms for justice officials and can lead to deprivation of individual freedoms.

Challenges in Criminal Justice Policy Research

• Fragmentation of the Criminal Justice System: Debate exists on whether components (policing, courts, corrections) act cohesively or independently, leading to systemic fragmentation.

• Diverse Objectives: Differing organizational goals and discretionary uses create challenges in policy coherence.

• Authority Relationships: Variations in ideology and training affect dynamics within the criminal justice subsystem.

Current Trends in Criminal Justice Policy

• Emergence of Public Criminology: Recent trends promote engaging the public in criminology and policy research as a result of neo-liberal governance shifts, impacting policy-making processes.

• Raised Visibility of Crime Issues: Criminology faces hurdles as crime and its discourse become focal points in politics, complicating communication with policymakers.

Ideological Influences on Criminal Justice Policy

• Ideology Defined: Sets of beliefs guiding positions on criminal justice, with implications on planning and policy formation.

• Right vs. Left Ideologies:

  • Right-wing views: Accuse leniency towards lawbreakers and prioritize authority and victim rights.

  • Left-wing views: Advocate against over-criminalization and emphasize social root causes of crime.

  • Shifts in Party Ideologies: Notable shift of Democrats toward tougher crime stances reflects evolving views on justice in the US.

Political Landscape in Canada

• Left/Right Dichotomy: Similar ideological divisions are evident among political parties in Canada, affecting discourse on criminal justice since the mid-80s.

• Conservative vs. Liberal Approaches: Divergence in handling crime policies continues to shape Canadian political debates.

• Harper Administration: Past government engagement with criminologists directly impacted crime legislation development and evidence-based policymaking goals.

Legal Framework of Criminal Justice in Canada

• Constitution Act of 1867: Backbone of public policy creation, defining governmental roles (federal and provincial) in managing criminal law and justice.

• Sections of the Constitution: Section 91(27) and 92(14) detail powers of federal and provincial bodies in criminal matters and justice administration.

• Federal-Provincial Jurisdiction: Shared responsibilities lead to coordinated yet distinct approaches to correctional institutions.

Impact of Individual Rights on Policy Making

• Charter of Rights and Freedoms: Ensures civil liberties, influencing the role of courts in shaping criminal justice policies post-1982.

• Diverse Policy Community: Comprised of various actors including government entities, advocacy groups, and media, each holding sway in shaping policy.

Conclusion

• Policy Community Dynamics: Comprised of sub-government (formal agencies) and attentive public (looser coalition), with both complicating crime policy development.

• Media Influence: The prominence of crime coverage affects public perception and influences policy agendas significantly.