Notes on Responding to Crime

Key Concepts in Responding to Crime

Overview of the Adult Criminal Justice System
  • Crown Election: First appearance in court allows the Crown to decide whether to proceed with charges, especially for hybrid offences.
  • Bail Hearing: Initial court appearance where decisions are made regarding detention or release of the accused; considerations include victim safety.
  • Victim Notification: Victims can request to be informed about the outcome of plea agreements and copies of bail orders.
Law-and-Order Approach to Crime Control
  • Definition: A strict penal system with a deterrence theory at its core focusing on preventing crime through severe punishments.
  • Criticism: Long prison sentences and mandatory minimums have not proven effective in reducing crime rates.
  • Public Perception: Victim advocates and media often influence political pressure for tougher crime policies, especially regarding child-related offenses.
Alternatives to Traditional Criminal Justice Methods
  • Evidence-Based Practices: Exploring what effectively reduces crime and recidivism beyond punitive measures.
  • Restorative Justice: Focuses on repairing harm caused by crime through accountability, dialogue, and community involvement.
  • Harm Reduction: A public health approach focused on minimizing the negative effects of drug use (e.g., needle exchanges, safe injection sites).
Deterrence Theory in Policing
  • Belief: Certain punishment will deter criminal behavior, though evidence supports that this is often ineffective.
  • Zero Tolerance Policing: This policing strategy aims to maintain public order by addressing minor offenses to prevent more serious crimes, linked to the "broken windows" theory.
Sentencing as a Process
  • Philosophical Rationale: Judges consider the purpose of sentencing through various lenses including deterrence, rehabilitation, and justice.
    • Deterrence: Reducing future crimes through punishment.
    • Incapacitation: Removing offenders from society to protect the public.
    • Rehabilitation: Providing opportunities for offenders to learn and improve.
    • Justice: Ensuring offenders pay for their crimes.
Recidivism and Rehabilitation
  • Definition: Recidivism refers to the tendency of previously convicted individuals to reoffend.
  • Treatments and Programs: Emphasis on rehabilitation and community-based programs shown to be more effective than imprisonment in preventing reoffending.
Youth Justice Framework
  • Legislation: The Youth Criminal Justice Act (YCJA) emphasizes rehabilitation and reintegrating youth offenders into society rather than punishment.
  • Extra-Judicial Measures: Allowing alternatives like warnings or community programs for first-time offenders.
Indigenous Considerations in Sentencing
  • Gladue Principles: Recognizing the unique historical and systemic challenges faced by Indigenous individuals in the justice system and emphasizing alternatives to incarceration.