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Criminal Justice System (Penalty Phase (correctional services supervises…
Criminal Justice System
Rule of Law
fundamental rights and beliefs that form the foundation of a fair and just society
Charter of Rights and Freedoms
Supreme Law of Canada
Procedural Safeguards
ensure accused is treated fairly throughout criminal justice process
Laws in Canada
Common law VS Statute Law --Private law VS Public law
Components of the Adversarial System
police, the court system, the public, the correctional system, private agencies
Criminal Justice System, How Case Is Proceeded
Pre-Trial, Trial, Sentencing, Penalty, Reintegration
Pre-Trial
criminal charge is initiated
Trial
Accused enters a plea. If guilty, sentencing date is set. If not guilty trial date or preliminary hearing date is set.
Sentencing
what will the outcome be for the accused? Could be immediate upon finding of guilt or at a later date
Penalty Phase
correctional services supervises custodial and community sentences.
federal incarceration: 2+ years. Provincial incarceration: less than 2 years.
Reintegration
offender is released, usually under community supervision (parole or mandatory supervision)
Classification of Offences
Summary Conviction: least serious. Indictable Offence: most serious. Dual Procedure: can be both summary and indictable, is decided by Crown Attorney
Criminal defences
Acquittal: found or proven not guilty. Statutory Defences: codified in the Criminal Code. Common Law Defences: created through case law
Common Law Defences
Alibi, Accident, Entrapment, Mistake of Fact, Necessity, Automatism, Intoxication, Duress, Consent
Statutory Defences
Autrefois Acquit (formerly acquitted), Autrefois Convict (formerly convicted), De minimus, Under age 12, Duress, Self-Defence, Defence of a Dwelling, Sudden Provocation, Not Criminally Responsible on account of a Mental Disorder
Organization of Police in Canada
Federal: RCMP- largest in Canada
Provincial: OPP
Municipal: TRPS, DRPS
First Nations: policing by First Nations for First Nations
Canadian Security Intelligence Services: investigates threats to protect Canada from terrorism etc.
Legislation that Governs Police
Charter of Rights and Freedoms, Police Act, Criminal Code of Canada, Controlled Drug and Substance Act, Youth Criminal Justice Act
Types of Evidence
Direct Evidence: proves fact, np additional explanation needed. Circumstantial Evidence: requires court to draw inferences and make connections to fact. Real Evidence: physical (presented in court as an exhibit). Witness Assessment: cannot testify based on hearsay evidence..
Diversion
Restorative Justice: goal to meet the needs of both victim and offender, restore peace in community
Diversion Programs: goal to divert certain persons charged with a criminal offence away from the traditional justice system. Minimizes strain on court system
Penitentiary Models
Pensylvania System: keep inmates separate from each other. NOT allowed to speak or socialize with each other
Auburn System: Permits inmates to work and eat together during the day and return to separate cells at night. Not allowed to speak or communicate with each other.
Most Canadian Penitentiaries are based on this system
Parole
Day Parole: offender must return to institution each night
Full Parole: offender can apply for parole after serving 1/3 of their sentence
Youth Criminal Justice Act
prevent crime and address underlying cause of behaviour, rehabilitate and reintegrate, ensure meaningful consequences to the offender