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CHAPTER 1: Foundation SOCI 327 - Coggle Diagram
CHAPTER 1: Foundation SOCI 327
Definitions of Crime
Legal
“Crime” is any
behaviour prohibited by the
Criminal Code of Canada
(a “federal statute
that lists the criminal offences and
punishments defined by Parliament, as well
as the justice system procedures” (Ruddell,
2020: 2))
Social
“Crime” is a behaviour that
violates social
norms
Constructionist
“Crime” is that behaviour that so
defined by
those who have the power to do so
2 Types of Law
Public
administrative, criminal, constitutional law
Private
civil, family law
Four levels of court in Canada
Supreme Court
Superior Court
Court of Appeal
Provincial Court
Provide the superior with appealing supreme shoes
Court System
Adversarial System
Inferior Court
Criminal Justice System
3 major agencies in Canadian CJS
Police
Court
Correctional System
all forms of sentencing and punishment
Bias exists how? (2)
Criminal Justice Funnel
Total guilty
Provincial Custody
Total # of cases
Federal Imprisonment
Total # of charges
CCGCF
common elements of cjs
filtering
lack of evidence, and discretion
lead to less and less people actually ending up being imprisoned as they go through CJS
sequencing
sequencing, which means that the
handling
of people suspected of wrongdoing follows a set pattern.
Canada’s system of justice is based on the principle that
an accused person is innocent until found guilty
beyond a reasonable doubt. As a result, the justice system
does not punish individuals before they are convicted
. Instead, the police investigate a possible offence and may arrest a suspect.
discretion
different police will approach different crimes based on many factors e.g. the indivdual's demeanour, police's own beleifs, how serious they deem the crime to be
Herbert Packer: 2 Models of CJS
Crime Control Model
protect public
Due Process Model
protect rights of individual
Cases
R v Stinchcombe
McCann (2010) case
Crimes
4 Main Types of Violent Crimes
Homicide
Sexual Assault
Assault
Robbery
3 Main Types of Property Crimes (more common than violent crimes in terms of being reported to police)
Break and enter
Theft of a Motor Vehicle
Theft not involving motor vehicle
Definitions
Criminal Code of Canada
A federal statute that lists the criminal offences and punishments
defined by Parliament, as well as justice system procedures.
Informal Social Control
When people conform to the law and other social norms because of the
actions and opinions of other individuals, such as praise or disapproval.
Police
Levels of Police Agencies in Canada
Provincial
Provincial issues are often related to health care,
education, or transportation.
Federal
The federal government has the
exclusive authority to enact legislation regarding criminal law and
procedure” and includes the responsibility “for providing a federal police
service to enforce federal statutes and to protect national security”
(Government of British Columbia, 2017, p. 2). The federal government
also has the authority to imprison adult offenders aged 18 years and older
serving more than a two-year sentence.
Municipal
Municipalities can also enact bylaws, such as requiring homeowners to
clear snow from their sidewalks or giving police the authority to respond
to a noisy party,
Classifying Crime
2 categories for behaviour
malum in se (mala in se: plural)
offence universally bad
malum prohibitum (mala prohibita: plural)
act deemed wrong bcs government said so
Types of Offenses
Dual Offenses
Offences that can be prosecuted as either summary offences or indictable
offences.
Indictable offenses
Serious offences, such as homicide, where the defendants must appear in
court and cases are heard before federally appointed judges.
Summary offenses
Crimes that carry a less serious punishment in which judges can impose a
jail sentence of up to six months and/or a maximum fine of $5,000
5 Main Goals of the CJS
Preventing Crime
Protecting the public
Supporting victims of the crime, their families, witnesses
Holding people responsible for the crimes they committed
Helping offenders return to the community and become law-abiding members of the community
prevent, protect, support, responsibility, return to community
wrongful convictions
3 remedies
commissions of inquiry
investigate the factors
that
led to wrongful convictions
and are intended to prevent further wrongful convictions
monetary compensation
self explanatory
conviction reviews
are authorized in the Criminal Code and enable people claiming their innocence to “ask the
federal Minister of Justice
to
review the circumstances of their case
in order to ascertain
whether a miscarriage of justice ‘likely’ occurred.”
Innocence Canada