Canadian Criminal Justice System, The, 2E Fleming, Ramcharan, Dowler Willem de Lint Instructor Manua

INTRUCTOR'S MANUAL WITH TEST ITEM FILE AND TRANSPARENCY MASTERS Leanne J. Finch Updated by Ken Dowler

THE CANADIAN CRIMINAL JUSTICE SYSTEM 2nd Edition Thomas Fleming Subhas Ramcharan Ken Dowler Willem de Lint

Toronto

1

Table of Contents Preface Chapter 1

Chapter 2

5 Criminal Justice: An Introduction

6

Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions

6 6 6 8 8 9 11 11 12

Crime Statistics Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions

Chapter 3

13 13 13 16 16 16 19 19 20

Criminal Law Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions

Chapter 4

21 21 21 23 24 24 26 27 27

Law, Social Control and Theoretical Considerations of Criminality Chapter Topics

28 ..

2

Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions Chapter 5

28 28 32 32 33 35 36 37

The Police Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions

Chapter 6

38 38 38 42 42 42 45 45 46

The Court System Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank- Questions Short Answer Questions Discussion Questions

Chapter 7

47 47 47 49 50 50 52 52 54

Corrections Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Essay Question Discussion Questions

Chapter 8

55 55 55 57 57 57 60 60 60 61

The Prison System ..

3

Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions Chapter 9

Alternatives to the Prison System Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions

Chapter 10

70 70 70 72 72 73 75 76 77

Victims of Crime Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Transparency Description Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions

Chapter 11

62 62 62 64 64 64 67 68 69

78 78 78 80 80 81 83 84 85

The Future of Crime Control Chapter Topics Learning Objectives Summary of Chapter List of Key Terms Multiple Choice Questions Fill-in-the-blank Questions Short Answer Questions Discussion Questions

Appendix A Transparency Masters ..

86 86 86 86 89 91 92 92 93

4

Overhead Overhead Overhead Overhead Overhead Overhead Overhead Overhead Overhead Overhead Overhead Overhead Overhead Overhead

..

1.1 1.2 2.1 3.1 4.1 4.2 5.1 5.2 6.1 6.2 7.1 8.1 9.1 10.1

94 95 96 97 98 99 100 101 102 103 104 105 106 107

5

Preface This Instructor's Manual has been designed to accompany The Canadian Criminal Justice System text, 2nd Edition authored by Thomas Fleming. The information contained in this Instructor's guide is drawn from the textbook in an attempt to reflect the work and intentions of the author. The purpose of this manual is threefold. First, it provides the lecturer with an overview of the information contained within the text; second it provides a series of transparency masters to assist both the instructor and student; and finally questions are produced to test student knowledge of the Canadian criminal justice system.

It is intended that the manual format will provide a logical approach to the subject material covered in each chapter. Each section of the manual contains the following: 1) a list of chapter topics 2) learning objectives 3) a written chapter summary with highlights in point form, and 5) a list of key terms. The chapter topics provide a glimpse into the primary areas to be discussed, while the learning objectives aim to define what is fundamentally important for students to grasp from each chapter. The chapter summary and highlights will provide an overview of the content, focussing on the most critical issues to be addressed in class.

With the exception of chapter 11 each chapter review also contains a transparency description to accompany the transparency masters located in Appendix A of this manual.

In addition, the transparencies are available as PowerPoints. As the instructor moves through each chapter key terms and critical issues should be visually identified on the transparencies and explained in the context of the lecture.

The lists of key terms are important to review in class and are defined alphabetically in the glossary beginning on page 274 of the textbook. Instructors are also encouraged to engage students in classroom debate based on discussion questions provided at the end of each chapter in the textbook. Reference to high-profile cases and current events will also stimulate classroom interest.

The final section of each chapter review includes a series of test questions. The test item file contains over 275 questions directly related to the contents of this text.

Question style varies from multiple choice, fill-in-the-blank, short answer and discussion depending on the content of the chapter. All test questions have been standardized in terms of degree of difficulty and are designed to test the overall knowledge of students in an introductory level course.

..

6

Chapter 1 Criminal Justice: An Introduction

CHAPTER TOPICS What is Criminal Justice?

The Police The Courts Corrections The Canadian Justice System The Globalization of Crime and Criminal Justice

LEARNING OBJECTIVES 1. To identify and have a basic understanding of the main components of the criminal justice system including the police, the courts and corrections.

2. To understand that criminology is the study of criminal justice and criminal behaviour.

3. To introduce the role and function of the criminal justice system and the Canadian Charter of Rights and Freedoms.

4. To recognize the philosophical differences between crime control and due process models of criminal justice.

SUMMARY OF CHAPTER This chapter is designed to introduce students to the Canadian criminal justice system and to the discipline of criminology as the study of criminal justice and behaviour. Students are exposed to the three main components of the criminal justice system and the role and function of these components in its concerted pursuit of justice.

In addition, this chapter discusses the globalization of crime and criminal justice.

Students are introduced to various forms of international justice and emerging crimes that cut across nations (child pornography, terrorism, money-laundering etc.).

It is important for students to understand that the criminal justice system as we know it today has not evolved in a vacuum - insulated from historical, legal, political and social influences. Indeed, when discussing the strengths and frailties of our current system it ..

7

must be examined in a broad context. Accordingly, when reviewing high-profile cases that exemplify key issues in the criminal justice system such as injustices, the Charter of Rights and Freedoms and due process, students should be encouraged to develop informed analytical thinking.

1.

What is Criminal Justice? a.

How we define crime as a society b.

How we respond to crime c.

How we administer the processes of justice d.

The Criminal Justice System consists of three main components, the police, the courts and corrections

2.

The Police a. b. c. d. e.

3.

The Courts a. b. c. d. e.

4.

5.

Corrections a. b. c.

Front-line workers in the criminal justice system Can arrest law-breakers and suspend their individual rights and freedoms Are divided into three tiers in Canada - municipal, provincial and federal Is the largest component of the criminal justice system Enforce criminal laws, provincial statutes and municipal by-laws

Are classified into three broad levels: provincial courts, superior courts and appeal courts Provincial courts handle the majority of criminal and statute offences Judges alone preside over Provincial court cases Superior court cases may be presided by judge alone or judge and jury The Supreme Court of Canada is the highest court and will hear appeal cases from across the nation and is entitled to interpret the Charter

Refers to the treatment of convicted criminal offenders May serve to rehabilitate, punish and deter offenders Has a recidivism rate in Canada of 75%

The Canadian Justice System a.

A process involving police investigation, arrest and law enforcement b.

Administration of justice c.

Court proceedings d.

Due process e.

Sentencing f.

Adhere to the principles of the Charter of Rights and Freedoms Copyright © 2008 Pearson Education Canada Inc.

8

6.

Globalization of Crime and Criminal Justice address criminal justice issues theoretically and practically a.

Comparative Criminal Justice b.

Interpol --RCMP direct Canadian activities --Terrorism, money laundering, trafficking in human beings, child pornography c.

United Nations Crime Prevention Agency --Help fight internationally organized criminal groups d.

International Criminal Court --Canada involved in creation --Crimes against humanity—genocide, war crimes, torture and mass rape --United States has not accepted the charter

LIST OF KEY TERMS Arrest Canadian Charter of Rights and Freedoms Comparative Criminal Justice Corrections Court System Criminal Code of Canada Criminal Justice System Criminology Due Process

TRANSPARENCY DESCRIPTION (Overhead 1.1) List of Key Terms. See page 94 (Overhead 1.2) Imprisoning the Innocent. See page 95.

High-Profile cases will generate classroom interest and inspire critical thinking of criminal justice issues. A discussion of such events will reveal the frailties of our criminal justice system and will emphasize the importance of due process.

MULTIPLE CHOICE QUESTIONS 1.

Arrest involves the "suspension" of an individual's a. rights and freedoms b. rights c. due process d. freedoms (Answer: a page 2)

2.

Policing in Canada is carried out on three levels ..

9

a. b. c. d.

(Answer: d

municipal, city, and provincial federal, municipal and national state, federal and provincial federal, provincial and municipal page 4)

3.

According to researchers, which branch is the largest of the criminal justice system and employs the most personnel? a. corrections b. the police c. the courts d. crown prosecutors office (Answer: b page 4)

4.

The hallmark of the court system is that it is a place where all defendants are to be a. convicted b. treated fairly and equally c. sentenced d. remanded into custody (Answer: b page 4)

5.

The three broad levels of criminal courts in Canada are a. provincial courts, superior courts and appeal courts b. state courts, supreme courts and provincial courts c. provincial courts, civil courts, municipal courts d. supreme court, federal courts and appeal courts (Answer: a page 5)

6.

Which of the following is not included in the federal court system? a.

Trial Division b.

Superior Court c.

Court of Appeal d.

Supreme Court of Canada e.

None of the above, all are included (Answer: b page 5)

7.

The Canadian Charter of Rights and Freedoms is a. only exercised by the innocent b. only exercised by the accused c. a document that formally states the rights and freedoms of all Canadians d. designed to restrict police powers against the citizens of Canada (Answer: c page 5)

8.

Studies on the effectiveness of corrections have revealed a high percentage of recidivism, or criminals that reoffend and return to the corrections systems. What percentage most accurately reflects the rate of recidivism in Canada? ..

10

a. b. c. d.

(Answer: d

25 percent 45 percent 60 percent 75 percent page 6)

9.

The Marshall, Milgaard and Morin cases were examples of a. fair justice and sentencing in Canada b. maladministration of justice and sentencing in Canada c. fair justice and sentencing in the United States d. unfair justice and sentencing in the United States (Answer: b page 10)

10.

Offenders that are sentenced to more than two years in custody end up in: a.

Federal Institutions b.

Provincial Jails c.

Halfway Houses d.

Open-ended custody arrangements e. both a and b (Answer: a page 6)

11.

The International Criminal Police Association (Interpol) is based in ___________ and was formed in 1914. a.

Canada b.

United States c.

Germany d.

France e.

None of the Above (Answer: d page 11)

12.

Which country did not ratify the charter of the International Criminal Court (ICC)? a.

Canada b.

France c.

United States d.

Great Britain e.

None of the above, all these countries ratified the ICC charter (Answer: c page 12)

13.

The majority of court cases appear within: a.

Provincial courts b.

Federal courts c.

Supreme courts d.

Superior courts e.

None of the above (Answer: a page 8) ..

11

14.

Approximately how many inmates were incarcerated in the federal and provincial population in 2004? a.

11,000 b.

21,000 c.

31,000 d.

41,000 e.

51,000 (Answer: c page 6)

15.

Canada officially espoused the philosophy that its sentencing process is driven by the twin goals of __________ and __________. a.

Incapacitation; Rehabilitation b.

Rehabilitation; Retribution c.

Retribution; Incapacitation d.

Restorative; Rehabilitation e.

Rehabilitation; Deterrence (Answer: e page 6)

FILL-IN-THE-BLANK QUESTIONS 16.

The Canadian criminal justice is comprised of three main components. They are the police, the ________________ and _____________________.

(Answer: The courts and corrections page 2)

17.

The Criminal Code is a _____________statute comprising the criminal laws of Canada.

(Answer: Federal page 4)

18.

The goal of the criminal justice system is to obtain fair justice for all accused and to protect the legal and human rights of those charged with criminal offences by following established rules. This system is known as ______________________.

(Answer: Due Process page 8)

19.

The ________________ Act of 1970 made provisions for accused persons who are awaiting trial for a minor offence to be released on their own recognizance.

(Answer: Bail Reform Act page 7)

20.

The main purpose of all provincial and municipal police is to enforce the __________________.

(Answer: Criminal Code of Canada page 4)

SHORT ANSWER QUESTIONS 21.

It is said that our current Canadian criminal justice system is a product of both historical and social influences. Identify and explain some influences that have ..

12

helped to define what constitutes crime, what has dictated crime control methods and shaped our criminal justice system.

Answer: page 2 (Political, legal, social, historical, moral and cultural influences) 22.

Sentencing and corrections is designed to "deal with" or treat offenders through incarceration, rehabilitation, parole and community sentencing etc. There is, however, considerable debate surrounding the consistency of fair sentencing and the purpose of corrections. Identify and explain the primary issues surrounding this debate.

Answer: page 6 (Rehabilitation versus deterrence and the problem of sentencing disparity)

23.

The Supreme Court of Canada is the highest court in the land. Briefly identify and explain the main attributes and functions of this court.

Answer: page 5 (Chief Justice and eight other justices; selected by Prime Minister; interprets the Charter and creates law)

DISCUSSION QUESTIONS 24.

What role does Canada play in fighting crime internationally? Should Canada continue to play this role internationally? (Divide class into two groups and debate each point of view).

25.

In your opinion, which of the components of the Canadian criminal justice system is the most important---Police, Courts and Corrections? Why? (Divide class into three groups to take the role of advocate for each component).

..

13

Chapter 2 Crime Statistics

CHAPTER TOPICS The Crime Picture The Purpose of Crime Statistics Methods for Mapping Crime - Terms and Concepts Crime Recording Official Statistics Unofficial Statistics Victimization Data Systemic Biases and Sources of Error Crime Patterns in Canada Comparative Trends Homicide in Canada Crime Patterns by Age, Gender, and Race

LEARNING OBJECTIVES 1. To identify the primary methods for obtaining statistical data related to crime.

2. To understand the need to capture and analyze criminal statistics in Canada.

3. To identify potential and real biases in the criminal justice system and understand how these biases affect the over and under reporting of crime.

4. To understand crime patterns and analysis of these patterns in Canada.

SUMMARY OF CHAPTER

..

14

This chapter is designed to produce a picture of crime and crime trends in Canada based on official and unofficial statistics and analysis. Students will be exposed to various methods of collecting crime data and be informed of the inherent shortcomings of these sources of information. Students will be made aware of the purpose of gathering crime statistics as it relates to the study of criminology and the administration of criminal justice.

1.

The Crime Picture a.

An overview of the demographics of crime in Canada b.

Understanding personal preconceptions of crime c.

The differences between individual and population experiences of crime d.

Sociologically sound methods of obtaining crime related data

2.

The Purpose of Crime Statistics a.

Why is crime recording important b.

Crime statistics are used to assist in the development of crime causation theories c.

Understanding crime causation and statistics can lead to policies and enforcement that reduce crime

3.

Methods for Mapping Crime - Terms and Concepts a.

Prevalence of crime is the ratio of people in a population who are committing crime during a given time frame b.

Incidence of crime is the average number of offences committed by an offender c.

Crime rate is determined by dividing the total number of offences in a population by the population. The population being the denominator and frequency being the numerator d.

Limitations pertaining to the accuracy of statistics do exist e.

The Dark figure of crime refers to the amount of actual crime that is not recorded in official statistics

4.

Crime Recording a.

Official statistics reflect recorded crimes and are collected by the police, courts and correction agencies b.

Unofficial statistics reflect criminal activity as described through the use of victimization and self-report surveys c.

Error and bias can taint official statistics

5.

Official Statistics a.

Uniform Crime Reporting (UCR) began in 1962 and contains data collected by Canadian police agencies ..

15

b.

Since 1981 the Canadian Center for Justice Statistics (CCJS) produces an annual compilation of UCR statistics Official statistics do not accurately reflect the true crime rate as many crimes are not reported to the police and not all categories of crimes are recorded for statistical purposes Victimization surveys indicate several reasons for underreporting to the police Changing police practices, legislation and police discretion also impact crime rates as reported in official statistics

c.

d. e.

6.

Unofficial Statistics a. Crime statistics that rely on victimization and self-report surveys b. In the 1940s Austin Potterfield introduced Self-report surveys as a means of collecting information regarding a person's criminal history and demographics c. Victimization surveys capture the personal experiences of people who have been the victim of crime d. Longitudinal research is a technique that traces a known sample of people, with similar characteristics for an extended period of time. A most notable example of longitudinal research was a 1972 study of chronic offenders conducted by Wolfgang, Figlio and Sellin in Philadelphia e. National Incident-Based Reporting system (NIBR) in the United States is a relatively new and comprehensive self-reporting, victimization and crime gathering instrument

7.

Systemic Biases and Sources of Error a. Sexism may influence both over and under reporting of specific crimes to the police b. Some argue that sexism plays a role in how crimes are interpreted and addressed within the criminal justice system c. Classism theorists suggest that there are separate laws for the rich and the poor in Canada. And, that this reality will be increasingly evident as Canada continues to be economically polarized

8.

Crime Patterns in Canada a.

Historical trends reveal that crime has decreased from 1992 to 2004 contrary to a continuous rise in the preceding 15 years b.

Cross-cultural comparative trends must be viewed with caution, as many variables will influence the crime rates of one country compared to that of another. United States has the highest rates in a stable democracy

9.

Crime by Region ..

16

a.

Property crimes were highest in B.C., while Saskatchewan has highest violent crime rate

10.

Crime by Age a.

Persons aged 15-24 accounted for 45% of property crimes and 32% of those accused of violent crimes b.

For homicide, persons aged 18-24 had the highest rates, with rates declining as age increases c.

Relationship between age and crime is striking. Property crime rises rapidly through teen years, but steadily declines through the life-course

11.

Crime by Race a.

Systematic racism in CJS b.

Examples include: Japanese, Black and Aboriginal Canadians c.

Overrepresentation of Aboriginal and Black peoples in Criminal Justice System. In 2004, Aboriginals represent 3% of the Canadian population, yet account for one-fifth of provincial admissions into custody and 18% of federal admissions d.

The debate rages on over collection of race statistics

LIST OF KEY TERMS Crime Rate Dark Figure of Crime Demographics Incidence of Crime Official Statistics Prevalence of Crime Self-report Survey Unofficial Statistics Victimization Survey

TRANSPARENCY DESCRIPTION (Overhead 2.1) List of key terms regarding crime statistics. See page 96.

Instructors may also consider using current media clips and annual reports from their local police department that review annual crime rates and incidence of crime in their area.

MULTIPLE CHOICE QUESTIONS 1.

Demographics is a term that refers to ..

17

a. b. c. d.

(Answer: b

crime in society the pattern or distribution in a population statistical analysis of crime measures of society's age and sex only page 15)

2.

Measuring the number of people participating in a crime at a given time is referred to as a. measuring crime b. incidence of crime c. prevalence of crime d. criminal depredation (Answer: c page 18)

3.

The incidence of crime refers to a. the number of people committing crime at a given time b. measuring criminal activity within the general population c. the frequency with which offenders commit crime, or the average number of offences per offender d. the number of offences that occur per population (Answer: c page 18)

4.

In Canada the police are responsible for collecting official statistics of reported offences for the Canadian Center for Justice Statistics. This survey is the a.

Uniform Crime Reporting Survey b.

Self-report Survey c.

Victimization Survey d.

CCJS (Answer: a page 24)

5.

The first self-report study of crime was conducted in 1940 by a.

Nye and Short b.

Walerstein c.

Walerstein and Wyle d.

Potterfield (Answer: d page 25)

6.

Criminologists Richard Quinney, Robert Elias and Jeffrey Reiman agree that the crime picture is skewed by a. sexism b. racism c. classism d. regionalism (Answer: c page 31)

7.

Historical crime trends in Canada reveal that crime has ..

18

a. b. c. d.

(Answer: b

increased between 1992 and 2004 decreased between 1992 and 2004 remained the same between 1992 and 2004 not been compiled for this time period page 33)

8.

The highest murder rate in 2003 was recorded in: a.

United States b.

South Africa c.

Japan d.

Canada (Answer: b page 33)

9.

When reviewing crime statistics and incarceration based on race, official statistics reveal that aboriginal and black Canadians are a. underrepresented in the criminal justice system b. over represented in the criminal justice system c. not recorded in the criminal justice system d. consistently reported in comparison with the overall population (Answer: b page 42)

10.

The highest murder rate in Canadian provinces was: a.

Nova Scotia b.

Ontario c.

British Columbia d.

New Brunswick e.

None of the above (Answer: e page 37)

11.

In 2003, persons aged 15-24 accounted for: a.

35% of all property crimes b.

45% of all property crimes c.

55% of all property crimes d.

65% of all property crimes e.

75% of all property crimes (Answer: b page 36)

12.

The Dark Figure of Crime refers to: a.

Crimes that are reported to police but not solved b.

Crimes that are not reported to the police c.

Crimes that are not reported to the police but are prosecuted by Crown attorneys d.

Crimes that are non-serious e.

None of the above (Answer: b page 22) ..

19

13.

Which of the following crimes are least likely to be reported to the police? a.

Homicide b.

Break and Enter c.

Sexual Assault d.

Motor Vehicle Theft (Answer: c page 22)

14.

The violent crime rate is lowest in: a.

Ontario b.

Nunavat c.

Alberta d.

Quebec e.

New Brunswick (Answer: d page 39)

15.

Approximately, __________ of all federal admissions are Aboriginal persons. da a.

42% b.

23% c.

18% d.

6% e.

34% (Answer: c page 42)

FILL-IN-THE-BLANK QUESTIONS 16.

The ____________________ of crime refers to the amount of actual crime in society, which official crime statistics do not show because not all crimes are reported or recorded by the police.

(Answer: The dark figure page 22)

17.

A picture of crime in society is most often reflected by two sources. ______________________ details recorded criminal activity whereas ______________________ are estimates of criminal activity based on self-report and victimization surveys.

(Answer: Official and unofficial statistics page 23)

18.

A survey that asks an individual to provide some personal demographic information and to report on their criminal past is referred to as a _________________________.

(Answer: Self-report survey page 25)

19.

The United States has introduced a new crime reporting method that includes the date, time, location and offender, victim and offence characteristics. The NIBRS is formally known as the ___________________________________.

(Answer: National Incident-Based Reporting System page 29) ..

20

20.

The ____________ is the number of offences that occur per population.

(Answer: Crime Rate page 19)

SHORT ANSWER QUESTIONS 21.

Crime patterns and analysis in Canada are largely based on official and unofficial statistics and while helpful for developing criminal justice policies and strategies there are inherent limitations in relying on these statistics. What are the basic limitations of official statistics?

Answer: page 23-24 (Official statistics can be skewed by system biases and error, that is: underreporting by victims, misinterpretation of offences, under recording of multiple offences by the police, zero tolerance policies, discretion and enforcement practices of the police and changing legislation and crime control policies)

22.

Drawing conclusions about the crime picture in Canada based on official and unofficial statistics has certain limitations. What are some of the difficulties encountered when conducting cross-cultural crime rates between Canada and other countries?

Answer: page 35 (Law enforcement practices and police data-gathering techniques, political state, economic disparity, urbanization, social cohesion, social policies and infrastructure)

23.

As the economic structure in Canada becomes increasingly stratified between the rich and the poor, some criminologist predict that the criminal courts will be filled with criminals from the lower classes and that environmental violators and whitecollar criminals will continue to escape criminal prosecution. What are some of the arguments surrounding classism as it relates to crime? Are there two sets of laws for the rich and poor?

Answer: page 30 (Political power, wealth and status as legal influence, corporate deviance versus street crime, class bias of criminal selection and economic disparity)

DISCUSSION QUESTIONS 24.

Racism and discrimination are important issues within the Criminal Justice System. In the United States race statistics are kept. Should race statistics be kept in Canada?

25.

Among Western democratic countries, the United States has much higher homicide rates than Canada. What are the reasons for these differences?

Instructors might include the documentary Bowling for Columbine (2002) as a starting point for the discussion. ..

21

Chapter 3 Criminal Law

CHAPTER TOPICS What is Criminal Law? The Forms of Law Categories of Criminal Offences Elements of Criminal Offences Criminal Defences The Canadian Charter of Rights and Freedoms

LEARNING OBJECTIVES 1. Students should understand the role and function of criminal law as it relates to maintaining social order in Canada.

2. Students will be challenged to examine their own consensus or conflict perspectives regarding the fundamental purpose of law 3. To understand the forms of law (Statutory, Case, and Civil Law) and types of offenses (Summary and Indictable). ..

22

4. A Basic understanding of Actus Reus and Mens Rea. 5. To make students aware of a variety of legal defences and the arguments for and against the use of these defences in criminal proceedings.

6. Students will be exposed to the raison d'être of the Canadian Charter of Rights and Freedoms and develop a deeper understanding of the charter with respect to criminal law.

SUMMARY OF CHAPTER This chapter encourages students to grapple with the primary purpose of criminal law by introducing the value consensus and conflict models. Also included in this chapter is an overview of common terms used in the criminal justice system and a variety of legal defences.

It is important for students to view the criminal justice system as rooted in tradition, but constantly evolving to reflect changing values in society. The Canadian Charter of Rights and Freedoms, although not flawless, is an example of how the legal system in Canada has evolved in its attempt to guarantee basic rights and protection for all citizens.

1.

Definitions and Purpose Criminal Law a.

Definition of Criminal Law: “Collection of rules that have been constructed to address issues of human behaviour” b.

In Canada, Laws is constructed in Parliament. Laws apply equally to all citizens in Canada c.

The Criminal Code sets forth penalties for offenses d.

Three main categories of law in Canada are case law, criminal law and civil law e.

Crime is injurious to society as a whole and threatens social order.

As such, the Canadian legal system operates according to the principle of the rule of law, designed to protect society as a whole and maintain social order by addressing criminal offenders of the state f.

The value consensus model versus the conflict model

2.

The Forms of Law a.

Statutory Law is legislated and found in the Criminal Code b.

Case Law is based on precedence c.

Civil Law seeks compensation not punishment for non-criminal matters d.

The Law Reform Commission aims to revise laws and reflect changing social values and expectations of the law

3.

Criminal Code a.

Establishes clear offences and penalties for behaviours in Canada ..

23

b.

Establishes various categories for offences based on seriousness of the offences Summary convictions are minor crimes and carry lighter penalties, While Indictable offences are more serious and carry harsher penalties Treason is an offence of engaging in activities intended to overthrow the government of Canada or province

c.

d.

4.

Elements of Criminal Offences a.

Corpus delicti is the body of the crime or essential components b.

Actus Reus is the guilty act c.

Mens rea is the guilty mind d.

Proving general and specific intent to commit a crime is crucial when seeking criminal convictions

5.

Criminal Defences a.

Provocation is a defence in which victim provoked the attack. It can reduce the guilt of the accused but not completely relieve him/her of criminal responsibility b.

Intoxication is a defence that hopes to reduce criminal responsibility based on alcohol or drug inducement. However, there are numerous difficulties in intoxication as a defense c.

Mistake of fact is a defence in which the defendant makes a honest mistake. However, ignorance of the law is not a defense. The mistake must be made by a reasonable person and based on a honest belief d.

Self-Defense must be weighted according to the threat that is present. Duress is related to self-defense. Necessity implies that you need to commit the crime to achieve a greater good e.

Mental Disorder (formerly referred to as insanity) is often misunderstood by public. The defence of mental disorder in Canadian law is derived from the McNaughtan rules. In order to stand trial the defendant must not “know the nature and quality of the act they have committed.” There is often considerable disagreement amongst psychiatrists about his or her state of mind f.

Automatism which refers to persons committing crimes when they were acting as an automation. Examples include sleepwalking and sexsomnia g.

Consent is predominantly associated with sexual assault. The issue is whether complainant consented willingly to the behaviour

5.

The Canadian Charter of Rights and Freedoms a.

Was entrenched in the Canadian Constitution in 1982 ..

24

b. c.

Sections 7 to 14 of the Charter addresses the primary legal rights afforded to criminally accused persons Of central importance to the Canadian criminal justice system is the presumption that a person is innocent until proven guilty and that guilt must be established beyond a reasonable doubt

LIST OF KEY TERMS Actus Reus Case Law Civil Law Corpus Delicti Crime Criminal Insanity Defence Criminal Law Duress Espionage

Intoxication Defence Mens Rea Mistake of Fact Mistake of Law Necessity Self-defence Statutory Law Treason

TRANSPARENCY DESCRIPTION (Overhead 3.1) Opposing perspectives on the purpose of law. See page 97.

Use this overhead to introduce the Value Consensus model and Conflict model and explain the opposing tenets of each. The lecturer should provide the students with an opportunity to explore their own perspectives on the purpose of law by engaging them in a group discussion exercise.

MULTIPLE CHOICE QUESTIONS 1.

Case law is primarily a. law based on years of knowledge and past cases b. laws passed by regulation c. regulating non-criminal cases d. seeking compensation for contractual disputes (Answer: a page 50)

2.

Statutory law is primarily a. law based on precedence b. law passed by legislation and referred to as the Criminal Code c. civil law d. seeking compensation not punishment (Answer: b page 50)

3.

Actus Reus is a term that refers to a. a guilty mind b. forming criminal intent ..

25

c. d.

(Answer: c

a guilty act the body of the crime page 54)

4.

Mens Rea is a term that refers to a. the body of the crime b. the corpus delicti c. a guilty mind d. a guilty act (Answer: c page 58)

5.

General Intent means that there a. was deliberate preplanning to commit a specific offence b. was prior intent to violate criminal law c. was actus reus d. was unintended consequences to the violation (Answer: b page 58)

6.

Provocation is a common defence in ____________. a. spousal homicide cases b. altercations in taverns c. sexual assault cases d. drinking and driving homicides e. both b and c (Answer: b page 59)

7.

The use of deadly force as self-defence must be supported by the fact that a. the intended victim was protecting their rightful property b. there was imminent threat of serious injury or death c. a person's safety was in jeopardy d. all of the above (Answer: b page 63)

8.

Mistake of fact refers to a. lack of knowledge about the law b. an honest mistake but not permitted as a criminal defence c. an honest mistake made by a reasonable person d. mistakes related to the law (Answer: c page 62)

9.

The Charter of Rights and Freedoms was entrenched in our Canadian Constitution in a.

1967 b.

1972 c.

1980 ..

26

d.

(Answer: d

1982 page 69)

10.

The Charter of Rights and Freedoms consists of several sections that outline fundamental guarantees afforded to the citizens of Canada. Included in these sections are a. legal rights b. mobility rights c. language rights d. all of the above (Answer: d page 69)

11.

Sexsomnia is : a. a form of automatism b. when an accused is asleep during a sexual assault c. when a victim is asleep during an sexual assault d.

All of the above e.

Only a and b (Answer: e page 68)

12.

Which of the following is not a type of defense described in the text? a.

Consent b.

Mistake of Fact c.

Provocation d.

Intoxication e.

None of the above, all were described in the text (Answer: e page 59-68)

13.

Summary conviction offences: a. are serious offences b. carry harsh penalties c. are minor offences d. are first offences e. both a and b (Answer c page 52)

14.

Indictable offences: a. are minor offences b. carry light penalties c. are generally first offences d. all of the above e. none of the above (Answer e page 52)

15.

In Canada, Mental disorder defence is based on a case involving: a.

Daniel McNaughtan ..

27

b. c. d. e.

(Answer a

David Suzuki Daniel Craig Scott Peel None of the above page 64)

FILL-IN-THE-BLANK QUESTIONS 16.

The three main categories or forms of law in Canada are case law, _____________________ and ____________________.

(Answer: statutory law and civil law page 50)

17.

In an attempt to keep pace with social change and values, Canadian Parliament established the ______________________ to review, revise and replace obsolete laws.

(Answer: Law Reform Commission page 51)

18.

To obtain a criminal conviction in court there are specific elements that must be proved beyond a reasonable doubt. The evidence of a crime or the term corpus delicti refers to the ________________________.

(Answer: the body of the crime page 53)

19.

According to section 11 (d) of the Charter of Rights and Freedoms, "Any person charged with an offence has the right to be presumed _____________ until proven ____________" according to the law.

(Answer: innocent, guilty page 70)

20.

According to Section 8 of the Charter of Rights and Freedoms "everyone has the right to be secure against unreasonable search and _________________.

(Answer: seizure page 70)

SHORT ANSWER QUESTIONS 21.

Understanding criminal law requires us to first consider the primary goals of law.

Some argue that the purpose of law is to protect all members of society from injustice, while others view law as serving only the interests of the elite and powerful. Identify and discuss these two opposing models.

Answer: page 48 (Value consensus model versus the conflict model)

22.

In certain situations the criminal law in Canada allows for defences, justifications or excuses for committing a criminal act. Identify and discuss five such defences.

Answer: page 54 ..

28

(Provocation; Intoxication; Mistake of Fact; Self-Defence; Mental Disorder; Automatism and/or Consent) 23.

Identify and discuss any two of the primary sections of the Charter of Rights and Freedoms as it pertains to the administration of criminal law and the protection of citizens in Canada.

Answer: page 70 (Legal rights sections 7 to 14)

DISCUSSION QUESTIONS 24.

Mental illness is a common excuse for criminal behaviour. Should mental illness be accepted as a defense in homicides? Why or Why not?

25.

Battered wife syndrome is a defence used in Canadian and American legal system. Have the class debate the merits of battered wife syndrome.

The instructor might want to show the movie: Life With Billy (1994) which is based on the book: Life with Billy (1986) written by Brian Vallee.

Chapter 4 Law, Social Control, and Theoretical Considerations of Criminality CHAPTER TOPICS Law and Society Criminal Law as Mechanism of Social Control Criminal Law and Social Change What Causes Crime?

Demonic or Religious Explanation of Criminality Classical, Neoclassical and Choice Theories of Crime Positivism and Trait Theories of Crime Sociological Theories of Crime Conflict Theories of Crime Economic and Corporate Interest Groups ..

29

LEARNING OBJECTIVES 1. Students will learn that criminal law is a means of social control designed to regulate and control society and generally reflects the values and expectations of the majority.

They will also be exposed to the power of criminal law in relation to social change and public policy.

2. To introduce theoretical perspectives which explore the causes of crime.

3. To analyze the underlying tenets of crime causation theories.

4. To familiarize students with researchers and their contributions to the development of crime causation theories.

5. Students will explore how special interest groups that possess power and status can influence legislation or circumvent the criminal justice.

SUMMARY OF CHAPTER The contents of this chapter are presented from a mainly critical perspective and stimulate the student to challenge consensus views of law and social control. The first part of the chapter introduces students to the law as a means of social control that aims to bend, influence and coerce individuals to conform to socially acceptable standards of behaviour The author’s differentiates between formal and informal social controls and how these controls regulate human behaviour. Formal controls or legislated and written rules encourage us to obey the law by holding out the threat of negative sanctions such as imprisonment. Informal controls or socialization through face-to-face interaction involves unwritten rules that guide us into socially acceptable behaviour.

Since the 19th century the cause of crime has been a subject of great interest and has inspired generations of researchers to seek explanation from varied theoretical perspectives. The aim of theory is to provide valid, logical and verifiable explanation for conditions, events and behaviours.

In the realm of criminology, researchers have theoretically explored the causes of crime from various schools of thought. In this chapter the demonic/religious, classical criminology, positivism and sociological theories are used to explore crime causation.

Classical criminology suggests that people act according to free choice, seeking pleasure and reward. As such, criminal laws operate as a deterrent by holding the promise of swift, certain and sever punishment. Positivists rely on observation and scientific methods to verify biological and social explanations of crime. And finally, Sociological theories base their findings on the relationship individuals have in the processes, structures, reactions and inequalities of society. This chapter identifies the need for theory and traces the development of crime causation theories.

Finally, this chapter also explores the influence that special interest groups have in the development and enforcement of criminal law and social policy. Pressure from community interest groups and corporate interest groups may result in positive or negative change in society, enact laws or pervert the course of criminal justice. ..

30

1.

Law and Society and Social Change a.

Law is a means to control individual behaviour and society b.

Law used to regulate morality is problematic c.

The promise of criminal sanction coerces citizens to obey the law. d.

Victimless crimes are those in which the participants such as prostitutes, gamblers and drug users are considered willingly involved e.

Law is used to regulate and control society and often prompts social change f.

The Indian Act is an example of how legislation negatively alters society

2.

Criminal Law as a Mechanism of Social Control a.

Informal social control is found in socialization processes where unwritten rules guide us into socially acceptable behaviour b.

Formal social control is found in legal and written rules that encourage or coerce us to obey the law by promising the consequence of negative sanctions

3.

What Causes Crime? a.

Some criminologists argue that criminals are rational actors who choose their actions. Simply they have free will b.

Other criminologists argue that criminals are influenced by social, economic, cultural, and environmental factors c.

There are four branches of criminological theory, which include: Classical, Biological Positivism, Sociological, and Conflict/Critical theories

4.

Classical and Neoclassical Theories of Crime a.

Becarria and Bentham's classical criminology suggest that punishment must be swift, certain and sever to be effective b.

Criminal law and punishment must be fair and rational and operate as a deterrent c.

Bentham's "hedonistic calculus" notes that people seek pleasure and avoid pain. Therefore the punishment for committing a crime must outweigh the rewards of crime d.

Deterrence theory holds that people can be discouraged from committing crime by punishment and preventative measures e.

Rational Choice theories note that individuals make decisions based upon available information and weigh the consequences of their actions accordingly f.

Routine Activities Theories consist of three main elements: suitable targets, capable guardians and motivated offenders.

Research supports the fact that a motivated offender will seek vulnerable and desirable targets that are not adequately protected. ..

31

When these conditions are met there is an increased likelihood of crime 5.

Positivism and Trait Theories a.

Positivism was primarily a reaction to the Enlightenment.

Positivist criminology took the position that the human condition is determined but changeable b.

Lombroso as a criminal anthropologist applied scientific methods to the study of criminal behaviour c.

Research by E. Wilson, J.Q. Wilson and Herrnstein look to biological explanations for criminality

6.

Sociological Theories of Crime a.

To understand the complex relationship between individuals and society, researchers examination the social interaction within formal and informal structures b.

Explaining criminality must be considered in a wide social context including social processes, social structures and social reactions

7.

Social Structure Theories a.

These theories work on the assumption that crime is inherent in the structure or characteristics of society. Social factors and conditions contribute to individuals’ attitudes and behaviours b.

Social disorganization theory purports that city neighbourhoods that are in transitions are highly unstable, and thus have higher crime rates c.

Anomie, strain and opportunity theories reveal that crime is a result of economic instability and personal frustration. Durkheim explained that a state of normlessness or anomie would increase the likelihood of crime d.

Robert Merton’s strain theory argues that societies stimulate aspirations as socially approved goals, but that the legitimate means to achieve these goals are unequally distributed. According to Merton, crime is the result of anger and frustration by individuals who cannot achieve financial success through legitimate means. Merton developed the modes adaptation to help explain how people react to divergence in goals of society and the means to achieve those goals e.

Messner and Rosenfeld’s Institutional Anomie theory and Relative Deprivation theory are new developments in Strain Theory f.

Cultural Deviance theories include Cohen’s Delinquent Boys and Cloward and Ohlin’s Differential opportunity. Cloward and Ohlin note that social inequality works both ways and that criminal opportunity and legitimate opportunity are not equally accessible to everyone

8.

Social Process Theories ..

32

a.

These theories see learning and interaction as important parts of criminality Examine the means by which criminal behaviours are developed Social process theories include: social learning theories, social control theories and labeling theories Social learning theory suggests that socialization plays a large role in criminality. Edwin Sutherland explains that criminal behaviour is learned through "differential association" with others Differential reinforcement includes operant conditioning, with criminality heavily influenced by rewards and punishments Neutralization and Drift theory explains how youth neutralize conventional values or attitudes in order to commit delinquent acts Social control theories assume humans are born bad but learn or are controlled to be good. Social control theories include Walter Reckless Containment theory and Travis Hirschi’s Social Bond theory, which purports that individuals with a greater bond to society have a greater “stake in conformity” Social Reaction theories or labeling theories holds that the way society responds to our behaviour will influence individual identity and how we view ourselves. According to labelling theory an individual will act like a criminal according to his or her social label as a criminal Conflict theories explain how social control agents and agencies behave. Conflict theory holds that there is an ongoing contest for power in society. Criminal law and agents for criminal law act in the interest of the powerful

b. c. d.

e. f. g.

h.

i.

9.

Economic and Corporate Interest Groups a.

Pressure from special interest groups may jeopardize the purity and intent of law when it does not reflect the values of the majority b.

Corporate interest groups may protect their interests by manipulating and circumventing the criminal process. On the rare occasions when corporate criminals face public prosecution the fines imposed are seldom an effective deterrent c.

The criminal justice system has traditionally discriminated against minorities including women, aboriginal and various ethnic groups.

Aboriginal people, for example, are grossly over represented as offenders in the criminal justice system

LIST OF KEY TERMS Classical Criminology Conflict Criminology Containment Theory Corporate Crime Corporate Interest Groups Criminal Sanctions ..

Informal Social Control Labelling Theories Neutralization Theory Positivist Criminology Rational Choice Theory Routine Activities Theory

33

Cultural Deviance Theories Delinquent Boys Deterrence Theory Differential Association Differential Opportunity Differential Reinforcement Formal Social Control Hedonistic Calculus

Social Bond Theory Social Control Social Control Theories Social Disorganization Theory Social Learning Theories Social Reaction Theories Strain Theory Victimless Crimes

TRANSPARENCY DESCRIPTION (Overhead 4.1) Schools of Thought on Crime Causation. See page 98 Use this overhead to introduce theoretical perspectives commonly used to explain the causes of crime. At the beginning of the lecture introduce these three branches of theory and the underlying tenets of each.

(Overhead 4.2) Names behind the Theories. See page 99 Familiarize students with the names of researchers who have made significant contributions to theories of crime causation.

MULTIPLE CHOICE QUESTIONS 1.

What theoretical perspective strives to understand the truth about human nature through careful scientific methodology and observation? a. humanism b. socialism c. positivism d. classism (Answer: c page 83)

2.

Cesare Beccaria and Jeremy Bentham were leading theorists of a. classical criminology b. positivist criminology c. conflict criminology d. biochemistry (Answer: a page 80)

3.

According to Bentham criminal behaviour is rationalized by an individual's desire to increase their personal pleasure and reduce pain. He refers to this principle as ..

34

a. b. c. d.

(Answer: d

the pleasure/pain theory l'Esprit des Lois happiness theory hedonistic calculus page 81)

4.

Social Process theories suggest that: a. people can be deterred from crime with the threat of punishment b. individual criminal behaviour is genetically predetermined c. criminal behaviour is learned behaviour d. people are socially labeled as criminal and act accordingly (Answer: c page 89)

5.

Which two theories share the core belief that crime is the product of opportunity? a.

Routine Activities theory and Rational Choice theory b.

Rational Choice theory and Strain theory c.

Routine Activities theory and Labelling theory d.

Strain theory and Labelling theory (Answer: a page 82)

6. The stigma resulting from official handling of offenders through the criminal justice system is of central importance to a. strain theorists b. containment theorists c. labelling theorists d. deterrence theorists (Answer: c page 92) 7.

Criminal law seeks to deter crime and bend behaviour to conform to accepted legal, social and moral standards. Many people obey the law based on the threat of a. being labeled as a criminal b. criminal sanctions c. negative social stigma d. social control (Answer: b page 75)

8.

Which of the following is considered by some to be moral infractions and victimless rather than criminal action? a. prostitution b. gambling c. drug use d. all of the above (Answer: d page 75)

9.

There are many examples of inequality in our criminal justice system. The over representation of ___________________ incarcerated is the most glaring example ..

35

a. b. c. d.

(Answer: c

women ethnic minorities aboriginal people all of the above page 77)

10.

Motor vehicle laws or formalized "rules of the road" is an example of a. moral control b. case law c. formal social control d. all of the above (Answer: c page 76)

11.

There are many ways that social expression serves to encourage adherence to the norms of society. Officially, society encourages conformity through criminal law, but daily social interaction is governed by unwritten rules known as a. formal social control b. informal social control c. social control d. instruments of control (Answer: b page 76)

12.

A consequence of criminal law as social control is that it can spur change in public policy and sway public perception on certain issues. An example of the impact of criminal law on changing social or public policy includes a. gun control legislation b. seatbelt laws c. decriminalization of homosexuality d. all of the above (Answer: d page 78)

13.

For the most part criminal law reflects social values and strives to protect citizens from serious crime. Some laws, however, seek to regulate behaviour based on the notion of right and wrong. Prostitution laws for example is an attempt to control the ________________ behaviour of others who act outside of societal standards a. moral b. criminal c. informal d. unacceptable (Answer: a page 75) ..

36

14.

Strain theory was developed by ____________. a.

Edwin Sutherland b.

Donald Cressey c.

Clifford Shaw d.

Richard Rosenfeld e.

Robert Merton (Answer: e page 86)

15.

Which of the following is not a rationalization within Matza and Sykes Neutralization theory? a.

Denial of Victim b.

Denial of Responsibility c.

Denial of Injury d.

Condemnation of Condemners e.

None of the Above, all are rationalizations (Answer: e page 90)

FILL-IN-THE-BLANK QUESTIONS 16.

Classical criminology is based on the notion that crime can be understood and deterred based on the four principles of transparency, proportionality, and ________________________________________.

(Answer: humaneness and rationality page 80)

17.

Routine Activity theory argues that crime is based on opportunity and that presence or absence of three known variables will determine the likelihood of criminal activity. These variables are _____________________, ______________________ and suitable targets.

(Answer: Motivated offenders and capable guardians page 83)

18.

Stemming from Durkheim's notion of anomie, Robert K. Merton argued that individuals in society strive for goals but that the means to achieve these goals are not equally accessible to everyone. He referred to this condition of inequality in his research as the ____________.

(Answer: Strain theory page 86)

19.

Sutherland's theory of ____________________________ explains that criminal behaviour is learned through social interaction with lawbreakers who demonstrate criminal attitudes, techniques and motives.

(Answer: Differential association page 90)

20.

Travis Hirschi (1969) developed the theory of social bond. For Hirschi there were four elements of the social bond which include: ___________, _________, _________, and ___________.

(Answer: Attachment, Commitment, Involvement, Belief page 91)

..

37

SHORT ANSWER QUESTIONS 21.

Please identify and describe the fundamental tenets of classical criminology to explain your answer.

Answer: page 80 (Classical criminology is based on the principles of rationality, deterrence, proportionality, transparency, and humaneness)

22.

Identify and describe the tenants of routine activities theory.

Answer: page 83 (Suitable targets, Capable Guardians, and Motivated Offender)

23.

In some cases, special interest groups apply social pressure to prompt legislative change and have laws enacted which reflect their own moral beliefs or to protect their own interests. Conversely, some special interest groups use their status, money or political pressure to defeat legislation and protect their own interest.

Define corporate crime and discuss how criminal law does and does not regulate corporate behaviour.

Answer: page 94 (Corporate crime is often referred to as white-collar crime and includes crimes committed by businesses such as environmental pollution, price fixing and stock market manipulation. Corporate crime is seldom addressed in civil court and even less recourse is found in criminal court. Fines are most often the punishment imposed by criminal and civil courts and have proven to be an ineffective deterrent. The extent of unchecked corporate crime is a blatant example of the power of economic influence in the criminal justice system and perpetuates the notion that the criminal justice system is designed to control the behaviour of the poor, the middle class and the nonwhite)

DISCUSSION QUESTIONS 24.

A hotly debated topic in criminology is the legislation of morality. The authors of the text suggest that morality should not be controlled by criminal law. Do you agree or disagree?

The instructor could divide the class into two sections and hold a debate.

25.

The causes of crime are multi-dimensional. In your opinion what is the most prominent reason that crime exists? Why do you feel this way?

The Instructor can incorporate theory into the discussion, to help illustrate the relevance of theory for Criminal Justice students.

..

38

Chapter 5 The Police

CHAPTER TOPICS Historical Development Police Roles and Functions Police Powers Police Work The Cost of Policing ..

39

Community Policing

LEARNING OBJECTIVES 1.

To learn more about the three tiers of policing in Canada.

2.

To introduced students to the primary roles and functions of the police.

3.

To encourage students to analyze and challenge the topics of police power, discretion and accountability.

4.

To understand the cost of policing in Canada.

5.

To explore the philosophy of community policing and how the implementation of community policing has reformed the traditional ideology and paramilitary structure of policing.

SUMMARY OF CHAPTER Chapter six provides a brief overview of the historical development of policing in Canada from the English and Irish influences of the early 1800s through to the exploding growth industry of private policing. The authors trace the evolution of the Royal Canadian Mounted Police progressing from the days of the "great march" as the North West Mounted Police. They also introduce important dates and developments of federal, municipal and provincial police, noting commonalties and differences in the structures and function of these various agencies of social control.

Considerable attention is given to the structure of regional and municipal policing in the province of Ontario to explain "how things are done" in policing circles in terms of recruiting, selection and training. They also introduce policing standards and measures of accountability provided by the Ontario Police Services Act. Generally, the roles and functions of the police include a plethora of responsibilities ranging from order maintenance, law enforcement, criminal investigation, service delivery, crime prevention and emergency response. Most recently we see the attention of the police turning toward increased service to victims of crime and shifting practices to accommodate the philosophy of community policing.

Unlike other professions, policing is especially troubled by diverse expectations from society and within the organization. Conflicting role expectations or role "dilemmas" are experienced when the police have to grapple with "what hat to wear" when performing their daily functions; that of law enforcement agents, advocates for crime prevention, peacekeepers or emergency response workers.

The strength in this chapter is found when students are challenged to understand the awesome powers and discretion that are afforded Canadian police officers. Unlike other professions the police are given the right to use force in the execution of their lawful duties. While bound by the Criminal Code, Police Acts and public accountability, officers at the lowest end of the echelon are given the widest birth of discretion in their daily activities. ..

40

1.

Historical Development a.

Early forms of policing including police regulations, night watch, amateur constables and volunteer militia b.

The Dominion Police Force of 1858 was responsible for the protection of federal buildings and enforcement of federal law c.

Federal policing from the Northwest Mounted Police to the Royal Canadian Mounted Police, 1873 to 1920 and how the "Mounties" became a national icon d.

Historical events that prompted the need for the Mounted police including the Riel Rebellion, whisky traders and the threat of American invasion in western Canada e.

The Winnipeg General Strike and subsequent attempts to disband the federal force f.

The influence of the British North American Act of 1867 on the development of all tiers of policing g.

All police agencies must operate according to Provincial Police Acts with the exception of the federal force that operates under the RCMP Act

2.

Police Roles and Functions a.

Crime prevention should not be the sole responsibility of the police. To be effective crime prevention must be a multi-agency and community-wide effort. The police alone cannot prevent or deter crime b.

Target policing and increased police presence in "hot spots" actually increase crime statistics and displaces crime c.

The police are available 24 hours per day 365 days of the year and provide a variety of emergency services. There is some debate about the need for police to be involved in certain types of emergency response and the duplication of services provided by other agencies d.

Law Enforcement is considered to be at the "core" of police function and is the most glorified aspect of the job. Law enforcement has both a proactive and reactive purpose e.

Order Maintenance is a primary function of police as they routinely keep the peace and deter chaos in society through their physical presence, action and reaction f.

The approach to victims of crime is shifting, as victims are being considered more than just witnesses for the state and victim services are becoming increasingly humanized g.

Role conflict occurs when the police are torn by diverse expectations from society and the organization. Due to the fact that the police fulfill so many functions they are expected to be masters at order maintenance, law enforcement, criminal investigation, service delivery, crime prevention, emergency response and problem solving - to name a few ..

41

3.

Police Powers a.

Police officers have the traditional power of the common-law constable and the authority to arrest with and without warrants according to the Criminal Code b.

Police right to use force in the execution of their duties as outlined in section 25 of the Criminal Code. The force must not, however, be exessive or beyond a reasonable amount needed to fulfill their lawful responsibilities to protect themselves or others as noted in section 37 of the code c.

Police exercise discretion at all levels of the organization, and most frequently by those filling the lowest ranks. It is important to note that the criminal code does not state that an officer must arrest, but that they may arrest. This is a fundamental example of the discretion afforded police in their daily activities d.

Police discretion is impacted by environmental, organizational, and situational factors e.

Due to the awesome powers and discretion afforded to the police there is a need for measures of accountability to ensure the police do not abuse their trusted authority. There are formal and informal modes of accountability to address complaints of police misconduct, inaction or abuse of authority. Accountability is found in the form of internal and external investigations, civil processes, Criminal Code, Police Act regulations and the media.

There are criticisms about a system that allows police to investigate police, as it breeds suspicion about cover-ups and lack of accountability

4.

Police Work a.

Candidates applying to policing must meet basic criteria set out by the organization they are applying to. There is a generalized list of criteria on page 120 of the text. It is interesting to note that a criminal conviction does not in itself preclude potential candidates if a pardon or discharge has been received b.

The author addresses the debate regarding the fairness of the selection and training procedures for men, women and visible minorities. Should the standard of ability be based on the physical capabilities of the average white male? c.

Police training spans an officer's career beginning with recruit training at an accredited police training facility. The second stage of learning is field training where a new recruit works under the direction of a senior police office and, finally, in-service training that is intended to keep officers abreast of changes in their profession and increase specialization in various fields of policing

5.

Police Officer Numbers and Workload a.

In 2005, there were 61 000 police officers in Canada. There were 189.2 officers per 100 000 population ..

42

b.

c.

Workload is measured by Criminal Code incidents per officer. In 2004 incidents per officer was 43. Incidents have increased dramatically since the 1960s and 1970s. Vancouver has a high incident per officer, while Toronto is surprisingly low Despite gains, the composition of policing is still primarily white and male

6.

The Cost of Policing a.

Policing is said to consume approximately 61 percent of the national budget allotted to the criminal justice system. The majority of which go toward salaries, wages, and benefits b.

There is considerable debate regarding the expenditure of money needed to provide police services when examined against the effectiveness of crime control and law enforcement

7.

Community Policing a.

Leading researchers and advocates for community policing include J.Q. Wilson, G. Kelling, R. Trojanowitz and H. Goldstien b.

The absence of crime is the true measure of effective policing c.

Community policing is a best described as a partnership between the police and the people in an attempt to prevent crime and disorder by employing problem solving strategies d.

The partnership between the police and the community has necessitated a shift in the traditional ideologies, structures and organization of policing. The police have had to decentralize their structures of power both within their own hierarchy and in their relationship to the community e.

Traditional policing involves random patrol, rapid response, and reactive investigation. Community policing involves prevention, problem solving, and partnership with the community

LIST OF KEY TERMS Law Enforcement North West Mounted Police (NWMP) Ontario Civilian Commission on Police Ontario Provincial Police Order Maintenance Peacekeeping Police Accountability Police Discretion Police Powers Royal Canadian Mounted Police (RCMP) Surete du Quebec (SQ)

..

43

TRANSPARENCY DESCRIPTION (Overhead 5.1) List of key terms. See page 100.

(Overhead 5.2) Evolution of Policing. See page 101.

Use this overhead to move chronologically through the lecture by detailing specific influences and events in the evolution of policing in Canada.

MULTIPLE CHOICE QUESTIONS 1.

Forms of policing in the 18th and early 19th century included a. night watch b. police regulations c. amateur constables d. all of the above (Answer: d page 98)

2.

In 1858 the federal government established an agency to enforce federal law and protect federal buildings. This agency was a. the North West Mounted Police b. the Night Watch c. the Dominion Police Force d. the Municipal Police Force (Answer: c page 99)

3.

In 1920 the federal police force in Canada was officially named the Royal Canadian Mounted Police. At that time the name of the federal force was being changed from the a.

Federal Police Force b.

North West Mounted Police c.

Royal North West Mounted Police d.

None of the above (Answer: c page 100) In 1829 Sir Robert Peel introduced the first formally organized public police force in a.

Toronto, Canada b.

New York, USA c.

London, England d.

Dublin, Ireland (Answer: c page 105)

4.

5.

Target Policing occurs when a. police focus their efforts on problem areas or "hot spots" b. police qualify on the shooting range c. emergency response units attend a crime scene d. officers are assigned to a community office (Answer: a page 106) ..

44

6.

A central feature of policing is law enforcement. In Canada this involves enforcing a. municipal bylaws b. provincial statutes c. the Criminal Code d. all of the above (Answer: d page 108)

7.

A unique characteristic of the police is their right to a. use coercive and lethal force if necessary b. arrest citizens c. detain citizens d. maintain public order (Answer: a page 112)

8.

Section 25 of the Criminal Code permits police officers the right to use force in the execution of lawful duties. Section 37, however, sets about to a. identify when force can be used b. identify when force cannot be used c. identify that the force used must not be excessive d. identify who can lawfully use force (Answer: c page 112)

9.

Which of the following is not a basic qualification for employment as a police officer? a.

Canadian citizenship b. minimum age (18 or 19) c. self confidence d. four years of secondary school e. none of the above, all are basic qualification (Answer c page 120)

10.

Which city has the highest police officer workload, as measured by criminal code incidents? a.

Winnipeg b.

Regina c.

Vancouver d.

Toronto e.

Montreal (Answer c page 126)

11.

Visible minorities constitute approximately ___ of police officers. a.

5% b.

6% c.

10% d.

3% ..

45

(Answer d

page 126)

12.

The country with the highest percentage of female police officers is _________. a.

Australia b.

Canada c.

Norway d.

Mexico e.

United States (Answer c page 129)

13.

During an officer's tour of duty they are confronted with a variety of situations in which they exercise their discretion. In what areas of law enforcement can they exercise their discretion? a. writing provincial tickets b. writing municipal bylaw tickets c. making an arrest d. all of the above (Answer: d page 114)

14.

In addition to reporting crime and police related activity the media serves as a mechanism of a. formal accountability b. informal accountability c. neutral accountability d. internal accountability (Answer: b page 117)

15.

Which province has the highest percentage of female police officers? a.

Ontario b.

Alberta c.

Saskatchewan d.

British Columbia e.

Quebec (Answer: d page 129)

FILL-IN-THE-BLANK QUESTIONS 16.

The police are held accountable for their actions or inaction. In Canada there are generally three formal mechanisms in place to investigate complaints against the police. These mechanisms include internal investigations, __________________ and ____________________.

(Answer: external investigations and civil procedures page 116)

17.

There are three primary modes of police training that span the officer's career from basic training onward. These training opportunities include recruit training, _______________________ and _________________________. ..

46

(Answer: field training and in-service training

page 121)

18.

Community policing has necessitated organizational change to the traditional structure and ideology of policing. Implementing community policing has resulted in changes such as, flattening the paramilitary hierarchy, _______________________, _______________________ _______________________ , ____________________ _ .

(Answer: decentralization, emphasis on crime prevention, reducing specialization and promoting the generalist, encouraging continuous learning page 131)

19.

Traditional police practice involves random patrol, ___________ and ____________.

(Answer: rapid response, reactive investigation page 131)

20.

There are a number of future trends in policing which include ____________, _____, and ___________.

(Answer: technology, private security, Transnational policing page 133)

SHORT ANSWER QUESTIONS 21.

What was the impetus behind the creation of the North West Mounted Police in 1873? Identify and briefly discuss the key historical events that prompted Prime Minister J.A. Macdonald to set the "Great March" in motion.

Answer: page 99 (Rupert's Land, Louis Riel rebellion, the whiskey trade, threats of land takeover from the Americans)

22.

Crime Prevention has been a mainstay in public policing since the early days of policing reform in England led by Sir Robert Peel. Using a contemporary model of policing discuss how the police could involve the community and various agencies in a collaborative approach to reducing and preventing crime.

Answer: page 105 (Through community policing, increased participation with citizens and implementing innovative crime prevention strategies. Studies show that police presence alone doesn't decrease crime)

23.

Identify the three formal mechanisms that are in place to address complaints regarding police conduct. What are the primary arguments against these mechanisms as a means to control police behaviour and hold police accountable?

Answer: page 116 (Internal and external investigations and civil processes. Critics argue that the police shouldn't investigate each other as it potentially leads to corruption and cover-up, lenient penalties and lack of change in the organization) ..

47

DISCUSSION QUESTIONS 24.

Many people desire to be police officers. In your opinion what are the most important characteristics of a good police officer? If you were to hire a police officer what do you think is the most important attribute?

25.

The role of police is diverse. In your opinion what is the most important duty of a police constable?

Instructors could have the students work in groups to identify and list the top duties.

Chapter 6 The Court System

CHAPTER TOPICS The Criminal Court Structure ..

48

Trial and Case Resolution Youth Criminal Justice

LEARNING OBJECTIVES 1.

Students will be made aware of the various courts in which criminal matters are addressed - including provincial and superior courts, appeal courts, youth court and the Supreme Court of Canada.

2.

Students will be introduced to key terms and be able to identify key players in criminal court proceedings.

3.

The students will be exposed to the general processes involved in a criminal court trial from the laying of a charge to the passing of a sentence

SUMMARY OF CHAPTER The objective of this chapter is to help students recognize the various levels of court in Canada and understand the function that these courts perform. Included in chapter six and noted on the transparency masters are several key terms that are commonly referred to in the criminal justice system.

A rudimentary point that is addressed in chapter six is the fact that our criminal courts are an adversarial mechanism used to sift through evidence and facts to determine the innocence or guilt of an accused person. At the heart of our criminal court process and ensured by the Charter of Rights and Freedoms is the presumption that everyone is innocent until proven guilty, as such there is a commitment to protect the rights of the accused while fairly and justly punishing the guilty. There are many fine lines in the court system and it is important that there are checks and balances in place to ensure justice has been served. While the court system is flawed in some respects and does not operate without criticism, the opportunity to appeal court rulings and the ongoing quest for improvement, especially with respect to young offenders and the Charter of Rights is indeed an encouraging sign.

1.

The Criminal Court Structure a.

Provincial courts were established under the BNA Act of 1867 b.

Provincial courts hear civil and criminal cases c.

Provincial court judges are hired and paid for by the province d.

Serious indictable cases are moved to Superior courts e.

Superior courts can involve trial by judge and jury or judge alone f.

All provinces have appeal courts through the Superior court g.

The federal court does not preside over criminal cases h.

The Supreme Court of Canada hears appeal cases from provincial and federal courts ..

49

i.

The Supreme Court of Canada also interprets and acts as arbitrator for the Charter or Rights and Freedom The Supreme Court also offers opinions on legal matters to the federal cabinet

j.

2.

3.

Trial and Case Resolution a.

The Crown Attorney is tasked with proving guilt b.

Everyone is presumed innocent until determined otherwise c.

Summary and indictable offences are classifications of crime based on the seriousness of the act. They are minor and serious respectively d.

There are criminal defences available to those who cannot be held criminally responsible for their actions do to a mental disorder e.

The police are generally responsible for laying the information for a charge, however, the crown counsel will determine if the charge will be pursued f.

After arrest an accused person is most likely to be released on a financial security or Bail that will ensure their return to court.

Incarceration during the pre-trial period is unconstitutional unless absolutely warranted to ensure appearance in court or to protect the public's interest g.

Plea-bargaining has become common practice at the provincial court level where crown attorneys and defence counsel agree to a lighter sentence in exchange for a plea of guilty by the accused, thereby circumventing a trial. Critics argue that plea-bargaining jeopardizes the due processes of justice h.

Prior to moving a criminal case to superior court, a preliminary hearing is conducted in provincial court to determine if there is sufficient evidence to proceed to high court i.

In a superior court the accused has the option to elect trial by judge and jury or judge alone. There is considerable debate surrounding the ability of a jury of one's peers to decipher increasingly complex law and produce responsible decisions j.

At the conclusion of the trial and the finding of guilt or innocence, either the prosecution or the defence can appeal the court’s decision. Appeals can involve questions of law or fact. The Supreme Court of Canada is the final arbiter of the appellate system Youth Criminal Justice a.

In 1894 the Juvenile Delinquency Act was passed in Canada b.

The JDA was based on the philosophy of rehabilitation through incarceration and punishment c.

The JDA enabled authorities of the state to intervene, arrest, bring to trial and incarcerate delinquent youths d.

The JDA was criticized for being too harsh and not reducing recidivism rates e.

The Young Offenders Act replaced the JDA in 1984 ..

50

f.

The Youth Criminal Justice Act (YCJA) replaced the YOA in 2002. The YCJA builds on the strengths of the YOA and attempts to answer the critics of the YOA The YCJA provides specific sentencing guidelines and emphasizes accountability of youth The YCJA also recognizes the special circumstances of aboriginal youth The YCJA strength is the new provisions for youth’s reintegration into the community Youth court is designed to hear cases of young people ages 12 to 17 years of age On conviction under the YCJA, the youth court judge will order predisposition report. For most youth, a non-custodial sentence is the norm Young offenders who are a danger to the public can have their names released to the public. All others have their identities protected to reduce negative labelling of young people as criminal Alternative measures programs are utilized to provide offenders with an alternative method of repairing the wrongs they have committed without going through the formal court process Diversion program facilitates the reconciliation of victim and offender, to compensate the victim, and most important, to avoid a formal hearing in youth court

g. h. i. j. k.

l.

m.

n.

LIST OF KEY TERMS Circumstantial Evidence Courts of Appeal Crown Attorney Defence Counsel Direct Evidence Diversion Programs Federal Court of Canada Indictable Offence

Plea Bargaining Preliminary Inquiry Provincial Courts Summary Conviction Offence Superior Courts Supreme Court of Canada Youth Criminal Justice Act (YCJA) Youth Court

TRANSPARENCY DESCRIPTION (Overhead 6.1) The Canadian Criminal Courts. See page 102.

Included in chapter seven are the various arenas that a criminal proceeding may take place in Canada. These courts are identified in overhead number one. Lecturers should encourage the students to copy down the names of these courts and proceed through the lecture explaining the function of each one. ..

51

(Overhead 6.2) List of key terms. See page 103.

Several key terms that are commonly referred to in the criminal justice system are very briefly summarized in overhead 7.2. Simple expression has been chosen to help students associate the use of these terms in the context of the criminal justice system.

MULTIPLE CHOICE QUESTIONS 1.

An accused person charged with an indictable offence must first appear to enter a plea in a. superior court b. provincial court c. civil court d. supreme court (Answer: b page 136)

2.

The BNA Act of 1867 made provisions for each province to establish and maintain courts at the provincial level to oversee a. civil and criminal cases b. criminal cases only c. creation of criminal law d. none of the above (Answer: a page 136)

3.

The provincial court system has separate divisions to address different cases and offenders. When a young person is charged with a crime they will be directed to attend youth court if a. they are under the age of 19 years b. they are over the age of 10 years c. they are between the ages of 12 and 17 years d. they are under the age of 21 years (Answer: c page 136)

4.

In a superior court hearing the accused has the option of electing trial by a. judge and jury b. judge alone c. jury alone d. both a and b (Answer: d page 137)

5.

A preliminary inquiry is a pre-trial hearing a. conducted at the provincial level for sentencing or acquittal of the accused b. conducted at the superior level by judge and jury to determine guilt c. conducted at the provincial level to determine if there is sufficient evidence for a superior court trial d. all of the above (Answer: c page 141) ..

52

6.

At a preliminary hearing the Crown prosecutor is required to establish a "prima facie case". This simply means a.

To show cause why the accused should not be released on bail b. the face and identity of the accused in court c. sufficient evidence to make a judgement, but not determine guilt d. a preliminary show of facts that will determine guilt (Answer: c page 141)

7.

In a criminal trial a judge may hear both circumstantial and direct evidence. An example of direct evidence includes a. a photograph b. testimony from a witness c.

DNA evidence d. all of the above (Answer: d page 142)

8.

In 1984 the Juvenile Delinquency Act was replaced by the a.

Young Offenders Act b.

Youth Criminal Justice Act c.

The Welfare Model d.

None of the above (Answer: a page 146)

9.

In 2002, the Young Offenders Act was replaced by the a.

The Welfare Model b.

Youth Criminal Justice Act c.

Juvenile Delinquency Act d.

Juvenile Justice Reform Act e.

None of the Above (Answer: b page 148)

10.

Most criminal trials are held in ____________. a.

Provincial courts b.

Youth court c.

Superior court d.

Supreme court e.

None of the above

11.

A young offender is expected to stand trial in youth court except a. when alternative measures have been arranged b. when the youth is over 14 and charged with a serious indictable offence c. when they are under the age of 12 years d. all of the above (Answer: d page 151) ..

53

12.

The fundamental goal of alternative measures for young people is a. to avoid the formal court process b. to avoid social labelling as a criminal c. to reduce costs in the criminal justice system d. to compensate the victim (Answer: a page 151)

13.

Approximately ____ of youth sentences are fines or community service. a.

10% b.

5% c.

20% d.

15% e.

25% (Answer: a page 151)

14.

The most common youth disposition is _________. a. probation b. fines c. community service d. open custody (Answer: a page 151)

15.

The major objective of alternative measures programs are: a. reduce number of cases that come before youth courts b. bring about positive change in attitudes of young offenders c. lower the rate of youth crime d. lower the rate of youth recidivism e. all of the above (Answer: e page 153)

FILL-IN-THE-BLANK QUESTIONS 16.

The purpose of alternative measures and _____________ is to facilitate the reconciliation of victim and offender, to compensate the victim, and, most important, to avoid a formal hearing in youth court.

(Answer: Diversion Programs page 153)

17.

The most serious criminal offences, such as first-degree murder cases, are tried in _________________.

(Answer: Provincial Superior Courts page 136)

18.

The ______________ is an immensely powerful institution. Because it has the ability to review all decisions of the provincial and federal courts.

(Answer: Supreme Court of Canada page 138) ..

54

19.

The ____________ established a legal framework to provide for the release of the accused from custody.

(Answer: Bail Reform Act of 1976 page 140)

20.

The purpose of a ______________ is not to establish guilt or innocence, but to find out whether the Crown has sufficient admissible evidence to result in a guilty conviction when presented in a trial.

(Answer: Preliminary Inquiry page 141)

SHORT ANSWER QUESTIONS 21.

Define the term plea bargain and discuss a negative consequence or criticism of this process.

Answer: page 142 (The prosecution and defence agree upon a lighter sentence in return for a guilty plea to avoid trial in overloaded criminal courts. Plea-bargaining has become a common practice at the provincial court level and some critics argue that it compromises justice and due process)

22.

What are the primary functions of the Supreme Court of Canada?

Answer: page 138 (It reviews and hears appeal cases from the federal and provincial courts where some point of law is argued. It is the arbitrator and interpreter of Charter of Rights and Freedom violations and may provide opinions of law to the federal cabinet)

23.

What is bail and why is it used?

Answer: page 140 (Bail is a sum of money that is paid as security for pre-trial release. It is used to ensure the accused will return for trial. Bail is seen as necessary for the accused, which is always considered innocent until proven otherwise.

Release on bail is supposed to reduce pre-trial hardships such as loss of wages for the accused)

DISCUSSION QUESTIONS 24.

Plea bargaining is an important part of the Canadian legal system. Please discuss the pros and cons of plea bargaining.

..

55

25.

Youth crime is “hot topic” issue in Canada. Should youth be held more legally responsible for criminal behaviour? Why or Why not?

Chapter 7 ..

56

Corrections

CHAPTER TOPICS From Charge to Trial The Criminal Trial Sentencing Options Sentencing Dispositions The Imposition of the Sentence Factors Considered in Sentencing Plea Bargaining Capital Punishment

LEARNING OBJECTIVES 1. To understand the processes of court and become acquainted with the various roles of key players in this process.

2. To become familiar with key terms used in court proceedings and sentencing.

SUMMARY OF CHAPTER Chapter seven is an extension of the previous chapter with more emphasis placed on the intricate workings of the criminal trial and the underlying forces that sway sentencing decisions.

The author reviews the process from the laying of a charge to the disposition of the accused. In this review students are exposed to the goal of sentencing as a mechanism for correcting criminal behaviour. In addition, various sentencing options are introduced and examined in terms of purpose and effectiveness. The highlights and key terms selected from this chapter are listed below.

1.

The Trial a.

The protections of individual rights are of elemental importance and protected by the Charter of Rights and Freedoms from arrest to trial Depending on the seriousness of the charge an accused person can brought before the courts by way of summons, appearance notice, promise to appear in court, or by arrest warrant A preliminary inquiry is held in serious criminal cases to determine if there is sufficient evidence to warrant a trial in Superior Court Both crown and defence make opening Statements at trial

b.

c. d. ..

57

e.

Witnesses, including expert witnesses are called to testify and are cross-examined on their testimony. Hearsay evidence is not admissible. The crown to dispute previous testimony or evidence may call rebuttal witnesses Both the crown and defence make closing arguments. In jury trials, the judge will also provide instructions to the jury regarding the "burden of proof" being "reasonable doubt"

f.

2.

Sentencing Options a.

Incapacitation or immobilization by imprisoning the accused, placing them under house arrest or by electronic monitoring b.

Deterrence is the attempt to prevent crime by imposing penalties that are constructed to convince potential offenders that they will lose, rather than benefit, from committing criminal acts c.

Rehabilitation is an opportunity for the accused person to change their criminal behaviour and become law-abiding citizens. This is accomplished through education, training and treatment. Critics argue that the two-thirds recidivism rate is proof that rehabilitation as a sentencing option is largely ineffective d.

Retribution often referred to as the "just deserts" philosophy supports the notion of aligning punishment with the crime and the rewards from that crime. This is accomplished by imposing hefty fines on the accused. Some argue financial penalty is an ineffective for corporate criminals who view fines as token punishment e.

The Restorative Justice philosophy focuses on the rights of the victim and the importance of healing damages inflicted on the victim and the community. Healing is found in communication and mediation with the victim, offender and the community. Victim impact statements, victim surcharge funds and restorative programs are examples of restorative justice at work

3. Sentencing Dispositions a.

Dispositions or sentences may include fines, probation, incarceration, or suspended sentences Sentences may be concurrent or consecutive that is, sentences can be served at the same time or one after the other respectively Presentence reports often include information that can be helpful (mitigating) or damaging (aggravating) to the accused at the time of sentencing The judge will take a variety of factors into consideration when passing decision on the form of punishment such as mitigating or aggravating circumstances Plea bargaining involves consultation between defence attorney for the accused and the Crown attorney representing the state. The defendant may opt to plead guilty in return for reduced sentence

b. c.

d.

e.

..

58

f.

Capital punishment was abolished in 1976, with the last execution occurring in the Don Jail in Toronto on 1962. The repeal of the death penalty in Canada can be traced to several cases of wrongful convictions in England and Canada

LIST OF KEY TERMS Concurrent Sentence Consecutive Sentence Deterrence Incapacitation

Just Deserts Probation Rehabilitation Restorative Justice Suspended Sentence

TRANSPARENCY DESCRIPTION (Overhead 7.1) List of key terms. See page 104.

MULTIPLE CHOICE QUESTIONS 1.

What is the most common way of resolving charges in the criminal justice system? a. not guilty plea b. withdrawing the charge c. plea bargaining d. trial (Answer: c page 173)

2.

Some professions are excluded from jury duty based on their exceptional positions in society. Which profession(s) would be excluded? a. police officers b. criminology professors c. clergy d. all of the above (Answer: d page 160)

3.

Rebuttal witnesses are called to testify by a. the judge b. the crown attorney c. the defence d. the accused (Answer: b page 164)

4.

Some people who testify in court can be declared as expert witnesses. An example of an expert witness is a. one who has given prior testimony and declared an expert by the court ..

59

b. a blood spatter analyst c. a forensic specialist d. all of the above (Answer: d page 163) 5.

When a panel of jurors is not able to reach a unanimous decision the judge will refer to the jury as a. sequestered b. hung c. incompetent d. a mistrial (Answer: b page 165)

6.

The term incapacitation refers to what means of demobilizing a convicted person? a. incarceration b. monitoring c. electronic tethering d. all of the above (Answer: d page 166)

7.

When an offender is given the opportunity to positively change their own behaviour as a condition or consequence of sentencing they are involved in what type of a process a. rehabilitative process b. retributive process c. restorative process d. restitute process (Answer: a page 168)

8.

Restorative Justice is a sentencing model that aims to a. reconcile the victim, the offender and the community b. restore peace and healing c. focus on victim healing rather than punishing the offender d. all of the above (Answer: d pages 169)

9.

A concurrent sentence is a. two or more sentences served by the accused at the same time b. two or more sentences served by the accused, one after the other c. when the accused is given the opportunity for treatment rather than imprisonment d. community supervision (Answer: a page 171)

10.

_____________ can increase a sentence. a.

Mitigating factors ..

60

b. c. d. e.

(Answer: b

Aggravating factors Mitigating Circumstances Making a deal None of the above page 172)

11.

Which of the following is not a motive for homicide as described by Boyd (1989)? a.

Jealousy b.

Anger c.

Revenge d.

Greed e.

None of the above, all are motives (Answer: e page 174)

12.

The term “double jeopardy” refers to a. being tried twice for the same offence is not allowed b. consecutive sentencing c. concurrent sentencing d. when an accused elects not to testify on his/her behalf in court it is often perceived as a sign of guilt (Answer: a page 157)

13.

Which of the following is not a right guaranteed by the charter? a. right to have an interpreter b. right not be denied bail without just cause c. right to obtain a jury trial d. right to trial within one year e. none of the above, all are rights (Answer: d page 157)

14.

In Canada, a jury consists of ____people. a.

10 b.

11 c.

12 d.

13 e.

14 (Answer: c page 160)

15.

In Canada, it is estimated that ____ of offenders will re-offend. a. one-third b. two-thirds c. one-fourth d. one-fifth e. none of the above (Answer: b page 168) ..

61

FILL-IN-THE-BLANK QUESTIONS 16.

In the year ____________Capital punishment was abolished as a sentencing option in Canada.

(Answer: 1976 page 174)

17.

The last act of execution in Canada was in 1962. It occurred at the Don Jail in the city of _________________.

(Answer: Toronto page 174)

18.

Upon sentencing a judge may take a variety of factors into consideration. Factors that are in favor of the accused in terms of justifying actions and resulting in leniency from the court are known as _________________ circumstances.

(Answer: Mitigating page 172)

19.

Upon sentencing a judge may take a variety of factors into consideration that weigh against the accused, such as an extensive criminal past. These ____________________ factors can actually increase the degree of punishment.

(Answer: Aggravating page 172)

20.

Victim's rights are increasingly more important in the criminal justice system.

Recent amendments to the criminal code allow for victims of crime to express the extent of their suffering to the court and the offender. This is captured when the victim completes a ___________________________ statement.

(Answer: Victim Impact page 169)

SHORT ANSWER QUESTIONS 21.

Explain the two primary functions of a preliminary hearing.

Answer: page 159 (Determines if there is sufficient admissible evidence to proceed to a superior court trial. This ensures that the accused isn't unnecessarily subjected to a trial based on unsubstantiated evidence and it avoids costly court processes.)

22.

Identify four types of sentences currently imposed by criminal court judges and briefly describe each.

Answer: page 170 (Fines, suspended sentences, probation and incarceration)

ESSAY QUESTION 23.

A young offender age 15 years old is charged with the brutal murder of the storekeeper that occurred during a robbery. Explain the formal steps in the court process from the laying of the information to the return of a verdict. Include in your answer the primary formal players involved the court proceedings.

Answer: chapter 7 the court process ..

62

(The information of the charge is laid in provincial youth court and the youth will be asked to enter a plea. Legal counsel called defence would represent the youth. The crown prosecutor represents the people and will request that the trial be sent to superior court. A preliminary hearing will determine if sufficient evidence exists to support the request for trial. If the charge is supported and the case is sent to superior court the youth can elect trial by judge and jury or judge alone. Depending on the outcome of the trial the youth may be acquitted, found guilty or in the event of a hung jury he will have a new trial.)

DISCUSSION QUESTIONS 24.

In your opinion, what is the most important principle in sentencing?

The instructor could divide the class into groups to debate each principle.

25.

The Accused have many rights in Canadian courts. Which right do you believe to be the most essential? Why or Why not? Which right do you believe to be harmful to justice? Why or Why not?

..

63

Chapter 8 The Prison System

CHAPTER TOPICS The Evolution of Prisons in Canada Prisons in Contemporary Canada Inside the Prison Daily Life in Prison Women in Prison Prisons and the Future

LEARNING OBJECTIVES 1. To introduce the historical evolution of the prison system.

2. To provide an overview of the current prison system in Canada and become familiar with various security classifications.

3. To expose the student to life inside a prison and the inmate subculture.

4. To understand the challenges for female inmates.

5. To be apprised of challenges to prison administrators in the 21st century.

SUMMARY OF CHAPTER This chapter was designed to introduce students to the historical evolution of the prison system. Included in the material is a look at the underlying philosophies of punishment and supervision, in doing so the authors compare two classical prison systems, the Auburn and the Pennsylvania and how these systems have influenced incarceration practices in Canada. This chapter also identifies issues of concern in the prison system such as the processing of female inmates, the rapid spread of contagious diseases such as HIV/AIDS and hepatitis, budget restraints, an aging prison population, inmate suicide, and the privatization of prisons.

1.

The Evolution of Prisons in Canada a.

The first federal penitentiary was built in Kingston Ontario 1832 b.

In Canada there are more prisons than colleges and universities c.

The Pennsylvania system was based on religious contemplation and repentance. The Quakers heavily influenced this system ..

64

d.

The Auburn System suggested that reformation be brought about through hard labour. The prison was designed in tiers according to Bentham's Panopticon The Auburn prison style was adopted in Canadian institutions

e.

2.

Prisons in Contemporary Canada a.

Incarceration rate refers to the number of people in jail per 100,000 b.

In 2002, the Incarceration rate in Canada was 116 per 100,000 c.

Canadian prisons are designed according to classifications of minimum, medium, maximum and multi-levels of security. The criterion that determines where an inmate will serve time includes, severity of crime, escape risk and threat within the institution and to society in general d.

Protective custody units are designed for 23 hour per day segregation to protect high-risk offenders such as pedophiles, rapists and serial killers and informers from the general prison population e.

Solitary confinement or the "hole" or "cooler" is reserved for unruly prisoners in maximum-security prisons

3.

Inside the Prison a.

Roger Caron a former inmate of Kingston penitentiary is noted for his personal accounts of prison life in his book Go-Boy b.

Inmate subculture involves redefining norms and values according to prison life. Inmates learn the accepted codes of conduct through observation and interaction with other inmates c.

Inmate subculture includes the use of "prison argot" or jargon that is specific to prison life and inmate experience (see transparency 8.1) d.

John Irwin a criminologist and former prisoner became known for his work on inmate subculture e.

There is an inmate hierarchy or scale of status occupied by inmates from "greenhorns/fish" to "lifers" f.

Violence in common in prisons, although, staff are rarely the targets g.

The largest prison riot occurred in Kingston Penitentiary in 1971 h.

The Correctional investigator (CI) is a position mandated by law.

The role of the CI is to investigate and resolve inmate complaints

4.

Women in Prison a.

Prison for Women (P4W) in Kingston was opened in 1934 and officially closed in July 2000, which was 23 years after a parliamentary committee condemned it b.

Factors contributing to the rise of women in prison include: the decline of a chivalrous attitude in the criminal justice system, equal rights movement and increasing crimes of violence committed by women ..

65

c. d.

5.

Two-thirds of women sentenced federally are mothers. Single mothers make up 70% of that number Female inmates report suffering physical abuse in 68% of cases, and more than half have reported sexual abuse. They also lack educational achievement and steady employment

Prisons and the Future a.

Challenges in the prison system in the 21st century include an aging prison population, increasing spread of contagious diseases, high rates of inmate suicide and budget restraints b.

There is a movement towards the privatization of the prison industry in Canada. Critics caution that privatization may not be any less costly to governments and that the staff in private institutions will lack training and expertise c.

Rising costs of imprisonment have caused governments to consider alternatives to prisons (see Chapter 9)

LIST OF KEY TERMS Auburn System Correctional Investigator Incarceration Rate Inmate Subculture Panopticon Pennsylvania System Prison Argot Prison Industry Protective Custody Security Classifications Solitary Confinement

TRANSPARENCY DESCRIPTION (Overhead 8.1) List of key terms and word association for the prison system. See page 105.

MULTIPLE CHOICE QUESTIONS 1.

The first Canadian federal prison opened in 1832 in a.

Dorchester, New Brunswick b.

Kingston, Ontario c.

Toronto, Ontario d.

Halifax, Nova Scotia (Answer: b page 179)

..

66

2.

The penitentiary in Kingston is an example of a. the Auburn system b.

Panopticism c.

Bentham's tiered system d. all of the above (Answer: d page 182)

3.

Incarceration rate refers to a. the number of people in jail b. the number of people in federal penitentiaries c. the number of people imprisoned per 100,000 d. the speed at which people progress in the criminal justice system from the time of arrest to prison (Answer: c page 183)

4.

Canada has a high percentage of accused persons who are sentenced to serve time in jail as a form of punishment. In comparison to other countries Canada has twice the prison population than a.

Switzerland and Norway b.

Norway c. the United States d. the United Kingdom (Answer: a page 184)

5.

A prisoner who poses no real threat to society and is not a high escape risk offender would likely be incarcerated in a.

Minimum security prison b.

Maximum security prison c.

Multilevel prison d.

Either a or c (Answer: d page 187)

6.

When a prisoner in a maximum-security prison is out of control, violent or consistently breaks prison rules they may be sent to solitary confinement.

According to prison argot this is also referred to as a. the drum b. the hole c. the slammer d. the double-sawbuck e. none of the above (Answer: b page 190)

..

67

7.

According to the research of criminologist John Irwin, there exists a strong inmate subculture that consists of informal rules that bind prisoners together. Irwin discovered this to be true in his role as a. inmate b. warden c.

18th century observer of prisoner conditions d. guard (Answer: a page 193)

8.

A rare look at the Kingston Riot of 1971 was produced in the book Go-Boy authored by former inmate a.

Roger Caron b.

John Howard c.

John Irwin d.

Michel Foucault (Answer: a page 192)

9.

Within the institutional hierarchy and inmate subculture the inmate holding the least amount of status in the institution is a. the lifer b. the bull c. the fish d. none of the above (Answer: c page 193)

10.

Inmate suicide rates in Canada are much higher than in the general population. In fact research indicates that suicide is the most common form of death in prison.

When is a prisoner most likely to commit suicide? a. upon entry to the prison b. just prior to release from prison c. research has failed to identify a specific period of incarceration d. both a and b (Answer: d page 205)

11.

Which of the following individuals undertook an investigation into the conditions of the Kingston Pen in 1849? a.

Rob Mawby b.

George Brown c.

Bill Bixby d.

Peter Charbonneau e.

John A. McDonald (Answer: b page 180)

..

68

12.

Which prison system was heavily influenced by the Quakers? a.

Auburn system b.

Pennsylvania system c.

Both b and c d.

None of the above e.

All of the above (Answer: b page 182)

13.

Which country has the lowest incarceration rate? a.

New Zealand b.

Canada c.

Italy d.

Norway (Answer: d page 184)

14.

Which country has the highest incarceration rate? a.

Italy b.

Germany c.

England d.

United States (Answer: d page 184)

15.

The largest riot in Canadian prison history occurred at _________ in ________. a.

Kingston; 1981 b.

Don Jail; 1991 c.

Kingston; 1971 d.

Don Jail; 1971 e.

None of the above (Answer: c page 196)

16.

The __________ role is to investigate and resolve inmate complaints. a.

Correctional investigator’s b.

Warden’s c.

Prison Ombudsman’s d.

Correctional officer’s e.

None of the above (Answer: a page 197)

FILL-IN-THE-BLANK QUESTIONS 16.

The initials P4W stand for _________________________, which is an institution in Kingston Ontario.

(Answer: Prison for women page 199) ..

69

17.

Jeremy Bentham's prison design introduced the circular tier system as a means of monitoring and controlling the prison population from a central location in the institution. The ___________________ also requires fewer guards to control the inmates.

(Answer: Panopticon page 182)

18.

When an accused is sentenced to a period of incarceration a parole officer is assigned to assess the level of supervision required based on the crime and the history of the offender. The process of__________________________ weighs the risk the offender poses in the institution and the community. This process determines which institution the prisoner will be housed in.

(Answer: Security classification page 186)

19.

Maximum-security prisons have special holding units to segregate high-risk offenders from the general population of the prison. These offenders are often "locked-down" for 23 hours per day. The ___________________________ units hold serial killers like Paul Bernardo and Clifford Olson.

(Answer: Protective custody page 189)

20.

There are three types of prisoners who are generally placed in protective custody because they have the greatest risk of becoming a victim of assault, murder and harassment while incarcerated. These offenders are _________________, _____________________ and ____________________.

(Answer: rapists, pedophiles, rats (informants) page 190)

SHORT ANSWER QUESTIONS 21.

In the 19th century the philosophy and practice of punishment and imprisonment was rooted in one of two perspectives. Identify the two opposing models of imprisonment and briefly describe each.

Answer: page 182 (The Pennsylvania System was influenced by the Quakers placed prisoners in small cells. The philosophy was grounded in time spent for religious reflection and repentance for their actions. The Auburn System influenced

by Bentham's Panopticon, and grounded in a philosophy that observes labour as a path to reform)

22.

There are four classifications of prison security in Canada. Identify and briefly explain why prisoners are classified to spend their time in one prison rather than another.

Answer: page 187 (Maximum, medium, minimum and multilevel security prisons. All have varying levels of security and supervision to suit offender history and threat to the institution and community at large. Escape risk is a consideration when placing dangerous and repeat offenders)

..

70

23.

Various conditions in society such as sickness are often reflected and exacerbated within the walls of a prison. There are major challenges that the prison industry is currently facing with respect to the wellbeing of the prison population. It is expected that these issues will become increasingly difficult to cope with in the 21st century. Identify two issues and briefly explain why they are problematic.

Answer: page 203-207 (Spread of HIV/AIDS, geriatric inmate population, suicide rate, privatization)

DISCUSSION QUESTIONS 25.

Should needles and condoms be provided to prisoners to prevent the spread of HIV and other infectious diseases?

26.

How are prisoners/prison portrayed in mainstream movies and television? Are there any truths to these shows? What are some of the misconceptions?

The instructor could show television shows such as OZ or show several Hollywood movies that deal with prison life.

..

71

Chapter 9 Alternatives to the Prison System

CHAPTER TOPICS Community Alternatives Probation Parole Community-Based Alternatives

LEARNING OBJECTIVES 1. To familiarize students with the terms and processes of probation and parole in criminal justice sentencing.

2. To introduce students to a variety of community-based alternatives.

3. To be informed of the parole hearing process and its criticisms.

SUMMARY OF CHAPTER The objective of Chapter 9 is to introduce students to methods of sentencing that fall outside of the traditional punitive model of incarceration. The author explores several community service models and alternatives to prison and explains the philosophy, strengths and weaknesses behind each.

Parole and probation as alternatives to incarceration are reviewed as well as prerelease or reintegration programs such as work release and temporary absences. The author again stimulates critical thinking of important issues in criminal justice such as capital punishment, life sentences and the faint hope clause. Students are also prompted to consider community service alternatives as a means of restoring peace and harmony between all parties affected by crime. ..

72

1.

Community Alternatives a.

Michel Foucault 's carceral network refers to the entire criminal justice system and agencies that are designed to deal with offenders b.

Increasing costs and the negative consequence of prison life has stirred a need for alternatives to jail. The alternative is commonly referred to as community corrections, which places the offender in the community c.

Community corrections can include parole, probation, electronic monitoring and a plethora of community options d.

Community based options include restitution, mediation, community service and conditional sentences

2.

Probation a. b. c.

Established in Canada in the 1950s Probation is most often used with young offenders Probation is currently the most commonly used form of community sentence There is a variety of mandatory and optional conditions attached to probation as noted in section 737(2) of the criminal code Probation officers (PO) are assigned to assist offenders but also enforce court orders Revocation will be recommended by PO for commissions of a new offense and technical violations Probation is more cost effective than imprisonment and it is speculated to have greater rehabilitative effects

d. e. f. g.

3.

Parole a. b. c. d.

Was introduced into practice in 1868 in Canada Is a conditional release granted to an inmate for good behaviour There are obvious flaws in the parole process Members of the parole board are political appointees who lack training. Parole boards are not given formal criteria to follow to assist in the decision making process There are two types of parole. Day parole whereby the offenders are required to reside in a halfway house and full parole where they can reside independently in the community. Both still require a degree of accountability and supervision Seaton House in Toronto is the largest men's shelter in Canada Parole officers monitor the activity of parolees to ensure their adherence to the conditions of their parole

e.

f. g.

4.

Prerelease Programs a.

Include escorted and unescorted temporary absences, day parole and work release programs b.

Prerelease is designed to assist the offender reintegrate into society ..

73

c.

Acceptance to a prerelease program is based on a risk assessment of the offender in terms of community safety and escape risk The police must be notified of any releases in their area Victims must be notified if they had requested notification of the release of their offender Parolees can be arrested and have their parole suspended and/or revoked for violating parole conditions. Suspension hearings must be held within 45 days of re-institutionalization

d. e. f.

5.

Life Sentences a.

Pierre Trudeau as a junior lawyer had assisted in the case of Wilfred Coffin, an innocent man who was executed. Trudeau later went on as Prime Minister to repeal the death penalty in Canada b.

Under the faint hope clause in Section 745 of the criminal code provides an offender serving a life sentence of 25 years the opportunity to apply for early release after serving only 15 years of their sentence c.

Serial killers and serial rapists are excluded from the faint hope clause as they pose to great a risk to society

6.

Community-Based Alternatives a.

The alternatives are a response to fiscal restraints and a desire to explore more effective means of dealing with offenders b.

Community Service orders compels offenders to work in the community c.

Mediation Services, Elder Panels and Sentencing Circles are all rooted in the restorative justice philosophy of repairing, healing, communicating and restoring peace not only to the victim, but the offender and the community as a whole. The influences of Aboriginal traditions of justice are noted in these techniques d.

Electronic tethering or monitoring is a technological means of tracking the location of an offender who has been released to the community. It is an inexpensive means of supervision. The offender is also bound by release conditions. This system currently operates in four provinces e.

Financial restitution is criticized as class prejudice because the poor are more likely to serve time in jail due to nonpayment

LIST OF KEY TERMS Carceral Network Community Corrections Community Service Orders Elder Panels Electronic Monitoring ..

Parole Prerelease Programs Restitution Revocation Sentencing Circles

74

Fine Options Life - 25 Mediation Services

Statutory Release Suspension Technical Violations

TRANSPARENCY DESCRIPTION (Overhead 9.1) List of key terms. See page 106.

MULTIPLE CHOICE QUESTIONS 1.

Michel Foucault coined the following term to capture the wide range of criminal justice institutions; services and human resources designated to deal with criminal offenders. a. prison industry b. corrections c. carceral network d. community corrections (Answer: c page 210)

2.

Probation as an alternative method of sentencing was introduced into the Canadian criminal justice system in a.

1930s b.

1950s c.

1970s d.

1990s (Answer: b page 212)

3.

A mandatory condition of probation according to section 737(2) of the criminal code requires that the accused must a. attend substance abuse programs b. keep the peace c. participate in educational courses d. attend anger management classes (Answer: b page 212)

4.

Parole a. b. c. d.

(Answer: d

5.

is a form of conditional release is an example of community corrections began in Canada in 1886 all of the above page 214)

The largest residential shelter for men recently released from prison is located in Toronto, Ontario. This shelter is called ..

75

a. b. c. d.

(Answer: b

Transition house Seaton House Halfway house John Howard Society page 217)

6.

Prior to release back into the community a prisoner may participate in a prerelease program that helps to reintroduce the inmate to society. An example of a prerelease program is a. work release b. unescorted temporary absence c. day parole d. all of the above (Answer: d page 218)

7.

When a parolee violates any condition of their release they may be arrested and have their parole suspended. When parole rights have been suspended the parole board must meet to determine if the accused privileges should be revoked or not.

The parole board must meet with the offender within a.

45 days b.

21 days c.

14 days d.

7 days (Answer: a page 221)

8.

A Prime Minister who had previously acted as a junior lawyer in the case of Wilfred Coffin, an innocent man who was executed, later repealed the death penalty in Canada. The Prime Minister responsible for the repeal was a.

Lester B. Pearson b.

Pierre Trudeau c.

Joe Clark d.

Brian Mulroney (Answer: b page 223)

9.

Aboriginal traditions have been slowly introduced into the criminal justice system as alternative forms of sentencing. A form of sentencing in which elders, the community and the offender meet to discuss resolutions and consequences is referred to as a. diversion programs b. community service c. sentencing circles d. mediation services ..

76

(Answer: c

page 230)

10.

Criminologist Richard Quinney is an advocate for "peacemaking" and returning harmony to the community through communication, healing and problem solving with all parties affected by crime. This philosophy of justice is referred to as a. restitution b. restorative c. retributive d. revocation (Answer: b page 232)

11.

According to the author of the text, the most significant threat to the current system of imprisonment is __________. a.

Probation b.

Parole c.

Privatization d.

All of the above e.

None of the above (Answer: c page 211)

12.

In the year 2000, approximately how many Canadians served a term of probation? a.

1 000 000 b.

10 000 c.

100 000 d.

200 000 e.

50 000 (Answer: c page 212)

13.

Parole began in Canada in _______. a.

1967 b.

1868 c.

1867 d.

1932 e.

1961 (Answer: c page 214)

14.

The text described the case of ____________ a former NHL players’ agent who was permitted to work at a work release program. a.

David Frost b.

Alan Eagleson c.

Graham James d.

Dick Todd e.

None of the Above (Answer: b page 219)

15.

Most parole officers have a case load of ________ offenders. a.

35-45 ..

77

b. c. d. e.

(Answer: e

10-20 15-25 90-100 25-35 page 220)

FILL-IN-THE-BLANK QUESTIONS 16.

With changing philosophies about crime and punishment and continuing budget restraints the prison industry is being challenged by alternative methods of sentencing and ____________________.

(Answer: Privatization page 211)

17.

An alternative form of sentencing places the offender in the community. Three examples of community corrections include probation, ________________ and ___________________.

(Answer: Parole and electronic monitoring page 211)

18.

When an inmate applies for parole they may be granted one of two types of release. The first type referred to as___________________ requires the parolee to reside in a halfway house. The second type referred to as _________________ permits the parolee to live in the community at large.

(Answer: Day parole and full parole page 217)

19.

Correction services must always notify the _______________ when an inmate is permitted out in the community on day parole while participating in a prerelease program.

(Answer: Police page 219)

20.

According to section 745 of the criminal code an inmate serving a life sentence may apply under ______________________ to seek early release from prison after serving 15 years of their sentence.

(Answer: The Faint Hope Clause page 223)

SHORT ANSWER QUESTIONS 21.

The current parole system is plagued with criticism regarding efficiency, validity and fairness to the offender. Of particular concern is the fact parole boards are comprised of "order-in-council appointees". Identify two concerns expressed by critics regarding the parole boards that oversee the hearing process.

Answer: page 225 (Board members are political appointees who lack training, knowledge, and understanding of the complexities they face in their decision making. In addition, parole boards are not given clear criteria to follow and receive little in the way of follow-up evaluation)

..

78

22.

What is the underlying philosophy that is driving a shift toward communitybased alternatives from the traditional punitive criminal justice system of incarceration? Identify and discuss an example of a community-based alternative to prison.

Answer: page 227 (Fiscal restraints, increasing fear of crime, ineffectiveness of current system, lack of faith in rehabilitative success, overcrowded prisons and an increase in "just desert" reasoning. Examples include community service, mediation, Elder panels, sentencing circles, electronic monitoring, fines and restitution)

23.

Roberts (2000) demonstrated that few lifers apply for early parole eligibility.

What are some reasons that lifers may not apply for early parole?

Answer: page 224 (Lifers lack resources to make successful application; lifers want to be free of parole restrictions; lifers have misinformation about success of applications; lifers think hearings are not fair and waste of time)

DISCUSSION QUESTIONS 24.

Should capital punishment be reinstated in Canada? What are some of the pros?

What are some of the cons?

Instructor could have students debate both sides of the argument.

25.

Should parole be eliminated in Canada? Why or Why not?

Instructor could divide class into two groups to debate this issue.

..

79

Chapter 10 Victims of Crime

CHAPTER TOPICS The Place of Victims in the Crime Picture Victimology Context of Victimization A Profile of Criminal Victimization in Canada Programs for Victims Current Legislation Restorative Justice

LEARNING OBJECTIVES 1. To introduce the student to the study of Victimology and the concept of victimization.

2. To understand the influence that victimization surveys and victim's rights movements have made with respect to the treatment of victims in the criminal justice system.

3. To be aware of various programs and services that are available to victims of crime.

4. To be informed about research in the area of Victimology.

SUMMARY OF CHAPTER

..

80

In this chapter the author introduces the study of victimology and the concept of victimization. Traditionally the criminal justice system considered victims of crime as injured parties of the state and witnesses to crime, rather than individuals suffering loss and injury. The past twenty years has demonstrated a growing concern within the criminal justice system and society in general to recognize the needs of victims.

Subsequently there has been a movement to consider the role of the victim in the criminal justice system beyond that of witness for the crown. Increasingly, the needs of victims are being addressed, or at least acknowledged in court and in legislation. This chapter also introduces various criminal code provisions and victim service programs.

1.

Victimology a.

Is a branch of criminology that seeks to understand victimization by considering the victim within a psychological, social, cultural and political context b.

Explores the processes by which a person is deemed to be a victim c.

Traditionally, the criminal justice system has subjected the victim to secondary victimization by treating them as mere witnesses to a crime and neglecting their experience of loss and suffering

2.

Victimization a.

Is defined as "an illegitimate violation of a person by another, resulting in an experience of loss as recognized by moral authority" (p. 239). Simply stated, a victim must not only be subject to unwanted injury or loss, they must feel the consequences of crime and must be deemed to be a victim by social, legal and cultural standards b.

Three components to consider when determining whether an individual is a victim of crime include "balance of power", "rules of interaction" and "legitimacy of authority" c.

Within the past twenty years there has been a growing concern within the criminal justice system and society in general to recognize the needs of victims. Researchers have also been exploring the victim's role in crime causation theories d.

Victimologist, Marvin Wolfgang conducted research in the 1950s in Philadelphia into the role a person plays in precipitating his or her own victimization. He termed this victim-precipitated crime

3.

A Profile of Criminal Victimization in Canada a.

There has been a growing victim's rights movement and an increase in the use of victimization surveys in Canada

Copyright © 2008 Pearson Education Canada Inc.

81

b.

c.

d.

4.

Victimization surveys include the Canadian Urban Victimization Survey (CUVS), General Social Survey (GSS) and Violence against Women Survey (VAW) Data gleaned from these surveys generally reveal that many crimes are not reported to the police, the age group most likely to be a victim of crime is 15-24. Aboriginals are three times more likely to report violent victimization The vast majority of Canadians (94%) feel safe from crime

Victim Assistance Programs in Canada a.

There are two contemporary approaches designed to assist victims of crime. These include restorative justice measures and victimcentered measures. Specific programs designed to assist victims of crime include community justice forums, victim-offender reconciliation, family group conferences and justice circles b.

Victim impact statement (VIS) allows victim or family of the victim to inform the court of emotional and financial consequences of the act of victimization. The majority of victims who completed statements have greater satisfaction with the system. However, there is debate about the use of VIS in courtrooms c.

Criminal Injuries Compensation Boards (CICBs) operate across Canada with the exception of Prince Edward Island. CICBs direct compensation to victims who have suffered financially, emotionally or physically as a result of a criminal act d.

Restitution is a court order that directs an offender to pay a victim of crime for financial loss or injury. In default of payment a civil court process may be instigated and the sheriffs can take action on behalf of the victim e.

Police agencies and the courts are required to provide specific victim services to assist victims of crime f.

The courts are responsible for the Victim Witness Assistance Programs (VWAPs) g.

Voluntary organizations such as the defunct CAVEAT and Victims of Violence also provide valuable support for victims h.

Bill C-89 created provisions in the criminal code for victims to receive restitution and to be given the opportunity to complete victim impact statements i.

Victim Fine Surcharge is imposed in court in addition to an offender's sentence. The surcharge is 15% of any fine or $35.00 is revenue used to assist victims of crime j.

Victim-offender reconciliation programs (VORPs) have been successful in bringing the wishes of victim into the inner circle of justice delivery

LIST OF KEY TERMS Restorative Justice Measures ..

82

Secondary Victimization Victim Impact Statement Victimization Victim-Offender Reconciliation Program (VORPs) Victimology Victim-Precipitation

TRANSPARENCY DESCRIPTION (Overhead 10.1) List of key terms. See page 107.

MULTIPLE CHOICE QUESTIONS 1.

Critics note that officials often treat the victim of a criminal offence as a mere witness to a crime. From this view the victim is further alienated and mishandled by the criminal justice system. This is referred to as a. victimology b. victimization c. secondary victimization d. victim-precipitated crime (Answer: c page 235)

2.

Marvin Wolfgang contributed greatly to the early studies of victim-offender interaction and noted that in some cases crime is a. situated transaction b. victim-precipitated c. normal interaction d. based on proximity (Answer: b page 236)

3.

The first official victimization survey in Canada was conducted in seven cities in 1982. This survey revealed the dark figure of crime and reported that only 42 percent of crimes had been reported to the police. This survey was called a.

Canadian Urban Victimization Survey b.

General Social Survey c.

National Crime Victimization Survey d.

Uniform Crime Reports (Answer: a page 242)

4.

A 2004 General Social Survey found that violent victimization rates are highest ..

83

a. b. c. d.

(Answer: d

with senior citizen age groups with women in rural communities self-identified gays or lesbians page 244)

5.

Findings from victimization surveys support that people are most likely to become a victim of property offenses when a.

Short-term residents b.

Are renters c.

High income household d. all of the above (Answer: d page 245)

6.

The textbook defines victimization as "an illegitimate violation of a person by another, resulting in an experience of loss recognized by…" a. a moral authority b. a victim c. balance of power d. none of the above (Answer: a page 239)

7.

Marvin Wolfgang in his 1950s study in Philadelphia discovered that a. one in five sexual assault cases were victim-precipitated b. in one quarter of the homicides the eventual victim was the first to produce a weapon of some kind c. participant dynamics must be understood in terms of situated transactions d. the 70 homicides studied revealed that the offender was trying to "save face".

(Answer: b page 236)

8.

A Canadian survey specifically designed to determine the amount and types of violence that women have been subjected to is called a.

General Social Survey b.

Victimization Survey c.

Violence Against Women Survey d.

National Crime Victimization Survey (Answer: c page 245)

9.

General Social Survey data has revealed that the age group most likely to be a victim of violent crime is: a.

12 to 15 years ..

84

b. c. d.

(Answer: b

15 to 24 years 24-44 years 45- 66 years page 244)

10.

Canadian programs designed to assist victims of crime include a. victim-offender reconciliation programs b. family group conferences c. community justice forums d. all of the above (Answer: d page 247)

11.

Which of the following individuals examined the responsibility of victims, which he described as functional responsibility? a.

Menahim Amir b.

Marvin Wolfgang c.

Benjamin Mendelsohn d.

Hans Von Hentig e.

Stephen Schafer (Answer: e page 235)

12.

Which of the following individuals described the agent provocateur? a.

Menahim Amir b.

Marvin Wolfgang c.

Benjamin Mendelsohn d.

Hans Von Hentig e.

Stephen Schafer (Answer: d page 235)

13.

Who is considered the “the father of victimology”? a.

Menahim Amir b.

Marvin Wolfgang c.

Benjamin Mendelsohn d.

Hans Von Hentig e.

Stephen Schafer (Answer: c page 235)

14.

In a methodologically unsound study, _________ found that 19% of rapes were precipitated by the victim. a.

Menahim Amir ..

85

b. c. d. e.

(Answer: a 15.

Marvin Wolfgang Benjamin Mendelsohn Hans Von Hentig Stephen Schafer page 236)

Of the following crimes, which is most likely to be reported to the police? a.

Vandalism b.

Sexual Assault c.

Physical Assault d.

Motor Vehicle Theft e.

Theft Household property (Answer: d page 243)

FILL-IN-THE-BLANK QUESTIONS 16.

A new branch of criminology called ____________________ explores victimization in a psychological, cultural, political and social context.

(Answer: Victimology page 235)

17.

There are three considerations of context in assessing victimization: the balance of power, __________ and ____________.

(Answer: rules of interaction; legitimacy of authority page 240)

18.

____________ entails a court-ordered sanction involving the offender’s payment to the victim for injuries suffered as a result of the criminal act.

(Answer: Restitution page 249)

19.

The criminal code provides an opportunity for a victim or a family member of a victim to complete a______________________________. This is an opportunity for the injured parties to express the emotional, physical or financial consequences of being victimized and relay this experience to the court.

(Answer: Victim Impact Statement page 247)

20.

The criminal code states that every person convicted of a criminal offence must pay 15 percent or $35.00 in addition to their sentence. This money is collected in a fund to support victims of crime. This fund is called the __________________.

(Answer: Victim Fine Surcharge page 253)

SHORT ANSWER QUESTIONS 21.

What is the reason for Victim Impact Statements and how they are used? Do you feel these statements positively influence sentencing or do they create sentencing disparities? Explain your answer.

Answer: page 247 (To provide the victim or family an opportunity to inform the court about the negative consequences of being victimized. The statement may be read in ..

86

court or attached to a Presentence report. Critics argue that they don't have an impact on the harshness of sentencing. Furthermore, when a VIS is used it may lead to disparity) 22.

There are several victim-related services that have been established in an attempt to recognize and repair damages inflicted upon victims of crime. Two avenues for victims to pursue are compensation and restitution. Explain the similarities and differences between the two.

Answer: page 249 (Compensation is payment to a victim to cover financial loss, pain and suffering, death, injury, lost income and maintenance for a child victim of a sexual assault. Money is awarded through the Criminal Injuries Compensation Board. Restitution is a court order that instructs the offender to pay the victim for financial loss or injury and may be imposed in addition to another form of sentencing)

DISCUSSION QUESTIONS 23.

What are some ways that victims can “find” justice?

Divide the class into groups and have them organize a “conference” on improving the plight of the victim in the current criminal justice system.

24.

Should victim impact statements be read in courtrooms? Why or why not?

..

87

Chapter 11 The Future of Crime Control

CHAPTER TOPICS Questions about Crime Decriminalization Crime Prevention Community Policing Computer and Internet Crime International Terrorism

LEARNING OBJECTIVES 1. To define and understand the concept of decriminalization.

2. To encourage students to critically analyze the concept of decriminalization in terms of marijuana use and prostitution. ..

88

3. To consider crime prevention and community policing as future models of crime control.

4. To introduce students to computer and internet crime and terrorism.

SUMMARY OF CHAPTER In this final chapter of the textbook the author directs the student to consider the future of crime control. In doing so the student is educated to the possibility of reducing crime through the decriminalization of various behaviours that are no longer objectionable to society in general. Such behaviours as marijuana use and prostitution are often central to discussions surrounding decriminalization. This chapter weighs arguments on both sides of these issues.

This chapter also peeks into the future of crime control and suggests that community policing and crime prevention models will continue to factor prominently in the future of policing. Critics do note however, that this approach to crime control is contrary to many aspects of police subculture and will therefore require substantial and ongoing training to further entrench the community policing philosophy. Finally, this chapter briefly introduces students to computer and internet crime, as well as international terrorism.

1.

Decriminalization a.

A behaviour that was once deemed criminal by law has become a social norm and accepted by the majority. As such the law is repealed and the behaviour is no longer considered criminal b.

Mala prohibita crimes have been so deemed through a legislative process

2.

Marijuana Use a.

Has been a topic of debate in terms of decriminalization b.

Advocates for decriminalization cry "hypocrisy" when comparing marijuana use to the tobacco, liquor and gambling industries and the social and personal harms generated by those so-called tolerated behaviours c.

The ineffectiveness of marijuana laws is compared to liquor prohibition of the 1920s and the subsequent black market for the liquor trade d.

Courts have ruled that marijuana use for medicinal purposes is legal. This however, creates problems in terms of purchase and cultivation and control e.

Decriminalization of marijuana seems to reflect social norms of the 21st century

3.

Prostitution and Associated Acts

..

89

a.

The Fraser Commission (1985) and the Badgely Report (1987) reviewed the state of prostitution in Canada and made recommendations for legislative change The act of prostitution is not illegal, but rather the associated acts such as solicitation, communication and living off the avails of a prostitute State intervention in the sex for sale industry has largely been based on public outcry, moral and public health concerns Enforcement of prostitution law is difficult, ineffective and costly.

Current enforcement practices primarily target the street prostitutes and the poor, while Incall and outcall prostitutes are seldom the targets of prosecution Streetwalkers are prostitutes who work in areas referred to as strolls or tracks. Customers of prostitutes are called Johns Johns who are arrested and sent to court generally receive a fine and are ordered to attend john schools as a form of punishment, humiliation and education The red-light district in Amsterdam legalizes and regulates the sex for sale industry and is an alternative approach to addressing prostitution and its related problems

b.

c. d.

e. f.

g.

4.

Future Models of Crime Control a.

Crime Prevention address problems proactively b.

Crime prevention may include various strategies ranging from neighborhood watch, operation identification, target hardening, environmental design, to effective parenting and social development c.

Community Policing employs many crime prevention strategies and is rooted in a police/people partnership. Foot patrol and faceto-face interaction is fundamental to the success of community policing d.

Critics argue that the current design of community policing does not accurately reflect natural communities and therefore cannot adequately address the needs of the people within these areas e.

It is noted that continued training is necessary to entrench the philosophy of community policing into the subcultural world of the police

5.

Computer and Internet Crime a.

This is a relatively new crime, in which laws are now being enforced with the Criminal Code of Canada b.

Crimes can include: computer hacking, illegal copying of software, identify theft, and child pornography

6.

International Terrorism a.

Canada is not immune from terrorism. The bombing of Air India flight in 1985 brings home the reality of terrorism ..

90

b.

There was a Canadian connection to the attacks on the World Trade Center and Pentagon on September 11, 2001 Recently, in the summer of 2006 17 suspects were arrested in plotting terrorist acts in Southern Ontario Canada instituted the Anti-Terrorism Act in 2001, which is being legally debated within the Supreme Court. There is concern that this Act will lead to racial profiling and undermine civil liberties The fight against terrorism must be strongly coordinated on an international level

c. d.

e.

LIST OF KEY TERMS Computer Crime Decriminalization Foot Patrols Internet Crime International Terrorism Neighborhood Watch

MULTIPLE CHOICE QUESTIONS 1.

Prostitution or the sex for sale service is not in itself a crime; rather it is certain activities associated to prostitution that are condemned in the criminal code.

Associated activities include a. communication b. solicitation c. living off the avails d. all of the above (Answer: d page 260)

2.

When a behaviour that was once legislated as criminally wrong becomes tolerated, reflective of social norms, and legalized it is said to be a. repealed b. decriminalized c. mala prohibita d. none of the above (Answer: b page 258)

3.

In Canada in 1985 the Fraser Commission examined a. the degree and circumstance of prostitution ..

91

b. c. d.

(Answer: a

the legalization of marijuana use for medicinal purposes the moral implications of gambling decriminalizing the use of marijuana page 259)

4.

The form of prostitution that is most likely to cause public outcry and receive police attention is a. escort services b. street walkers c. outcalls d. incalls (Answer: b page 260)

5.

The areas that prostitutes walk when conducting public sex for sale services are referred to as a. tracks b. strolls c. streets d. all of the above (Answer: d page 260)

6.

Offenders who are arrested for soliciting and communicating with prostitutes are ordered by the court to a. a period of incarceration b. attend John School c. submit to a medical exam as a precautionary measure against sexually transmitted diseases d. all of the above (Answer: b page 261)

7.

The red-light district is an example of an alternative approach to addressing prostitution. The red-light district permits the sex for sale workers to legally conduct their business. This approach has been implemented and deemed successful in a.

New York City b.

Vancouver c.

Amsterdam d.

San Francisco (Answer: c page 262)

8.

Neighborhood watch is an example of ..

92

a. b. c. d.

(Answer: d

crime prevention target hardening proactive policing all of the above page 264)

9.

Roughly _____ Canadians go to jail for cannabis possession. a.

10 000 b.

1 000 c.

5 000 d.

500 (Answer: b page 259)

10.

__________ are essential to community policing in urban centers. a.

Crime prevention strategies b.

Neighborhood watches c.

Car patrols d.

Foot patrols (Answer: d page 266)

11.

The bombing of Air India flight 182 occurred in _________. a.

1982 b.

1983 c.

1992 d.

1993 e.

1985 (Answer: a page 270)

12.

The fastest growing financial crime in Canada is ___________. a.

On-line gambling b.

Identity theft c.

Stock fraud d.

Insider trading e.

None of the above (Answer: b page 269)

13.

Which of the following is not true? a.

50% of Canadian teens favour legalization of marijuana use b.

37% of Canadian teens report that they regularly smoke marijuana c.

Two-thirds of those charged under the Controlled Drugs and Substances act are for marijuana use d.

25% of adult Canadians favour the legalization of marijuana e.

None of the above, all are true.

(Answer: d page 258)

14.

In which county is marijuana legally sold in “cannabis cafes”? a.

Canada ..

93

b. c. d. e.

(Answer: c 15.

Belgium Netherlands Great Britain None of the above page 259)

The greatest percentage of streetwalkers’ sex exchanges involves __________ or ___________. a. oral sex; masturbation b. masturbation; intercourse c. intercourse; sodomy d. oral sex; intercourse (Answer: a page 260)

FILL-IN-THE-BLANK QUESTIONS 16.

One alternative to criminalization is establishing a clearly demarcated, _________ where sex trade workers can offer their services.

(Answer: red light district page 262)

17.

A ____________ is aimed at reducing residential theft, interpersonal crime, and property damage.

(Answer: neighbourhood watch page 264)

18.

___________ is when residents co-operate with police by marking all their valuables for identification, which assists police in identifying stolen goods.

(Answer: Operation Identification page 264)

19.

The _____________ terrorist group was linked to the bombings of 911.

(Answer: Al Qaeda page 271)

20.

____________ is a term used to describe behaviour that have been outlawed in society but that have assumed the status of social norms.

(Answer: Decriminalization page 258)

SHORT ANSWER QUESTIONS 21.

Explain the concept of decriminalization and provide one example of a crime that is often the subject for debate.

Answer: page 258 (A behaviour that was once deemed criminal by law has become a social norm and accepted by the majority. As such the law is repealed and the behaviour is no longer considered criminal. Prostitution and marijuana use are examples of behaviours that are considered for decriminalization)

..

94

22.

The courts have ruled that patients may legally possess and use marijuana for medicinal purposes. What complications have arisen from this decision?

Answer: page 258-259 (The use is legal but the supply is illegal and patients are also prohibited from cultivating their own supply of marijuana. This places them at risk when obtaining the drug and jeopardizes the quality of the marijuana they are using)

23.

Advocates for the legalization of prostitution base their arguments on several grounds. Identify and explain some of the fundamental arguments used to support their call for decriminalization of sex for sale industry.

Answer: pages 261-262 (People own their bodies, not the state. Enforcement of prostitution law is difficult, ineffective and costly. Current enforcement practices primarily target the street prostitutes and the poor. Some argue that prostitution is a victimless crime. If prostitution were legalized it would open the way for government regulation and profit)

DISCUSSION QUESTIONS 24.

Should marijuana be legalized? Why or why not?

The instructor can divide the class into two sections to debate the issue. The instructor can also show the documentary Grass (1999) to help illustrate the history of marijuana in the public spotlight.

25.

Should prostitution be legalized? Why or why not?

The instructor might want to divide the class into two sections to debate the issue.

APPENDIX A Transparency Masters

..

95

Key Terms Arrest Canadian Charter of Rights and Freedoms ..

96

Corrections Court System Criminal Code Criminal Justice System Criminology Due Process (Oh 1.1) List of Key Terms – Fleming (2007, p. 8)

High-Profile Examples of Injustice in Canada "Imprisoning the Innocent"

..

97

First degree murder convictions overturned

-

The Donald Marshall case

-

The Guy Paul Morin case

-

The David Milgaard case

(Oh 1.2) Imprisoning the Innocent

Key Terms for Understanding Crime Patterns in Canada Crime Map ..

98

Crime Rate Dark Figure of Crime Demographics Incidence of Crime Official Statistics Prevalence of Crime Self-report Survey Unofficial Statistics Victimization Survey (Oh 2.1) List of Key Terms – Fleming (2007, p. 45)

Opposing Perspectives on the Purpose of Law ..

99

VALUE CONSENSUS MODEL VERSUS

THE CONFLICT MODEL (Oh 3.1) Opposing Perspectives on the purpose of law

..

100

Schools of Thought on Crime Causation

Classical Criminology • Criminal Law as a deterrent to crime • The pleasure/pain theory • Rational choice • Crime as opportunistic

Positivism and Trait Theories of Crime • Scientific methods • Biological determinants • Social engineering

Sociological Theories of Crime • Social structures, processes and reactions • Relationship of individuals in society • Crime as learned behaviour • Labelling • Inequality in society - power & conflict (Oh 4.1) Schools of Thought on Crime Causation

..

The Names Behind the Theories Classical Thought • Becarria & Bentham = criminal law as a deterrent • Bentham coined "hedonistic calculus" -pleasure/pain • Becarria published "On Crimes & Punishments" • Felson & Cohen = Routine Activities Theories = Suitable targets, capable guardians, motivated offenders Positivism • Lombroso = scientific methods & trait theories • E. Wilson, J.Q. Wilson, Herrnstein = biology & crime • Booth & Osgood = biochemistry & aggression Sociological Theories • Sutherland's Social Process = differential association • Sellin = cultural deviance and conflict theories • Merton = Strain theory based on Durkheim's anomie • Cloward & Ohlin = continued work on strain theory • Cohen = continued work on strain theory • Becker = social reaction = labelling theory (Oh 4.2) The Names Behind the Theories

100

KEY TERMS • Law Enforcement • Order Maintenance • Peacekeeping • Police Accountability Internal/external - Civil/criminal - Local/mass media • Police Discretion • Police Autonomy • Police Powers

(Oh 5.1) List of Key terms

..

101

Evolution of Policing • Historical development of Policing rooted in English and Irish paramilitary models • Sir Robert Peel - England 1829 influences on early policing in Canada and the resurgence of community policing in the late 1980s • The "Great March" west and the development of the North West Mounted Police • Three Tiers of Policing in Canada 1.Federal - RCMP 2.Provincial 3.Municipal • The Philosophy & Practice of Community Policing • The Future of Policing and Private Security ..

102

(Oh 5.2) Evolution of Policing

The Canadian Criminal Courts • Provincial court • Youth Court • Superior Court • Appeal Court • Supreme Court

The Key Players in Court • Judge and or Jury • Crown Attorney • Defence Counsel • Witnesses/Victims • Accused Oh # 6.1 - The Canadian Criminal Courts

..

103

Key Terms • Summary Conviction Offence = minor offence • Indictable Offence =

serious offence

• Circumstantial Evidence = implied and not clear • Direct Evidence = clear and obvious like a photo • Youth Criminal Justice Act = established in 2002 deals with youths between the ages of 12-17 years • Alternative Measures = avoid formal court by using other means to repair damage or injury ..

104

• Plea Bargain = reduced penalty for guilty plea (Oh 6.2) Key terms and associations

Key Terms • Concurrent Sentence • Consecutive Sentence • Deterrence • Incapacitation • Just Deserts • Probation • Rehabilitation ..

105

• Restorative Justice • Suspended Sentence (Oh 7.1) List of Key Terms

The Prison System - Key Terms Auburn System =Labour and tiered cells Incarceration Rate = per 100,000 Inmate Subculture = norms & rules inside Panopticon = Bentham's tiered system Pennsylvania System = Quaker influence ..

106

Prison Argot = inside jargon Protective Custody = 23 hours per day Security Classifications = calculated risk (Minimum, maximum, medium & Mixed) Solitary Confinement = the cooler (Oh 8.1) List of Key Terms and associations

List of Key Terms • Carceral Network + Foucault • Community Corrections = not in prison • Probation = established in the 1950s • Parole = established in 1868 • Parole Boards = political appointees ..

107

• Day Parole = use of halfway house • Full parole = living on one's own • Prerelease programs = reintegration process • Wilfred Coffin + Pierre Trudeau = repeal of capital punishment in Canada • Faint hope clause and life 25= Section 745cc • Restorative Justice = healing and repairing (Oh 9.1) List of Key Terms and associations

Key Terms - Victims of Crime • Victimization and Victimology • Secondary Victimization • Situated Transaction ..

108

• Victimization Survey • Victim Impact Statement • Victim-Offender Reconciliation Program (VORPs) • Victim-Precipitated Crimes • Restitution • Compensation and CICBs (Oh 10.1) List of Key Terms - Victims of Crime

..

Power Points The Canadian Criminal Justice System 2nd Edition

Copyright © 2008 Pearson Education Canada Inc.

Key Terms: Chapter 1 ◼ ◼

◼

◼ ◼ ◼ ◼ ◼

Arrest Canadian Charter of Rights and Freedoms Corrections Court System Criminal Code Criminal Justice System Criminology Due Process Copyright © 2008 Pearson Education Canada Inc.

High-Profile Examples of Injustice in Canada ◼ "Imprisoning the Innocent" ◼ First degree murder convictions -

overturned ◼ The Donald Marshall case ◼ The Guy Paul Morin case ◼ The David Milgaard case

Copyright © 2008 Pearson Education Canada Inc.

Key Terms for Understanding Crime Patterns in Canada Crime Map ◼ Crime Rate ◼ Dark Figure of Crime ◼ Demographics ◼ Incidence of Crime ◼ Official Statistics ◼ Prevalence of Crime ◼ Self-report Survey ◼ Unofficial Statistics ◼ Victimization Survey ◼

Copyright © 2008 Pearson Education Canada Inc.

Opposing Perspectives on the Purpose of Law ◼ VALUE CONSENSUS MODEL ◼ VERSUS

◼ THE CONFLICT MODEL

Copyright © 2008 Pearson Education Canada Inc.

Schools of Thought on Crime Causation ◼ ◼ ◼ ◼ ◼

◼ ◼

◼ ◼

◼ ◼ ◼ ◼ ◼ ◼

Classical Criminology Criminal Law as a deterrent to crime The pleasure/pain theory Rational choice Crime as opportunistic Positivism and Trait Theories of Crime Scientific methods Biological determinants Social engineering Sociological Theories of Crime Social structures, processes and reactions Relationship of individuals in society Crime as learned behaviour Labelling Inequality in society - power & conflict

Copyright © 2008 Pearson Education Canada Inc.

The Names behind the Theories ◼

◼ ◼ ◼ ◼

◼ ◼ ◼ ◼

Classical Thought Becarria & Bentham = criminal law as a deterrent Bentham coined "hedonistic calculus" -pleasure/pain Becarria published "On Crimes & Punishments" Felson & Cohen = Routine Activities Theories = Suitable targets, capable guardians, motivated offenders Positivism Lombroso = scientific methods & trait theories E. Wilson, J.Q. Wilson, Herrnstein = biology & crime Booth & Osgood = biochemistry & aggression

Copyright © 2008 Pearson Education Canada Inc.

The Names behind the Theories Sociological Theories ◼ Sutherland's Social Process = differential association ◼ Sellin = cultural deviance and conflict theories ◼ Merton = Strain theory based on Durkheim's anomie ◼ Cloward & Ohlin = continued work on strain theory ◼ Cohen = continued work on strain theory ◼ Becker = social reaction = labelling theory ◼

Copyright © 2008 Pearson Education Canada Inc.

Policing in Canada Key Terms Law Enforcement ◼ Order Maintenance ◼ Peacekeeping ◼ Police Accountability ◼ -Internal/external ◼ -Civil/criminal ◼ -Local/mass media ◼ Police Discretion ◼ Police Autonomy ◼ Police Powers ◼

Copyright © 2008 Pearson Education Canada Inc.

Evolution of Policing Historical development of Policing rooted in English and Irish paramilitary models ◼ Sir Robert Peel - England 1829 influences on early policing in Canada and the resurgence of community policing in the late 1980s ◼ The "Great March" west and the development of the North West Mounted Police ◼ Three Tiers of Policing in Canada: ◼

1.Federal - RCMP ◼ 2.Provincial ◼ 3.Municipal ◼

The Philosophy & Practice of Community Policing ◼ The Future of Policing and Private Security ◼

Copyright © 2008 Pearson Education Canada Inc.

The Canadian Criminal Courts ◼ Provincial court ◼ Youth Court ◼ Superior Court

◼ Appeal Court ◼ Supreme Court

Copyright © 2008 Pearson Education Canada Inc.

The Key Players in Court ◼ Judge and/or Jury ◼ Crown Attorney ◼ Defence Counsel

◼ Witnesses/Victims ◼ Accused

Copyright © 2008 Pearson Education Canada Inc.

Key Terms: The Court System Summary Conviction Offence = minor offence ◼ Indictable Offence = serious offence ◼ Circumstantial Evidence = implied and not clear ◼ Direct Evidence = clear and obvious like a photo ◼ Youth Criminal Justice Act = established in 2002 deals with youths between the ages of 12-17 years ◼ Alternative Measures = avoid formal court by using other means to repair damage or injury ◼ Plea Bargain = reduced penalty for guilty plea ◼

Copyright © 2008 Pearson Education Canada Inc.

Key Terms: Corrections Concurrent Sentence ◼ Consecutive Sentence ◼ Deterrence ◼ Incapacitation ◼ Just Deserts ◼ Probation ◼ Rehabilitation ◼ Restorative Justice ◼ Suspended Sentence ◼

Copyright © 2008 Pearson Education Canada Inc.

The Prison System - Key Terms Auburn System =Labour and tiered cells ◼ Incarceration Rate = per 100,000 ◼ Inmate Subculture = norms & rules inside ◼ Panopticon = Bentham's tiered system ◼ Pennsylvania System =Quaker influence ◼ Prison Argot = inside jargon ◼ Protective Custody = 23 hours per day ◼ Security Classifications = calculated risk ◼

◼ (Minimum, maximum, medium & Mixed)

◼

Solitary Confinement = the cooler Copyright © 2008 Pearson Education Canada Inc.

List of Key Terms: Prison System Carceral Network + Foucault ◼ Community Corrections = not in prison ◼ Probation = established in the 1950s ◼ Parole = established in 1868 ◼ Parole Boards = political appointees ◼ Day Parole = use of halfway house ◼ Full parole = living on one's own ◼ Prerelease programs = reintegration process ◼ Wilfred Coffin + Pierre Trudeau = repeal of capital punishment in Canada ◼ Faint hope clause and life 25= Section 745cc ◼ Restorative Justice = healing and repairing ◼

Copyright © 2008 Pearson Education Canada Inc.

Key Terms - Victims of Crime Victimization and Victimology ◼ Secondary Victimization ◼ Situated Transaction ◼ Victimization Survey ◼ Victim Impact Statement ◼ Victim-Offender Reconciliation Program (VORPs) ◼ Victim-Precipitated Crimes ◼ Restitution ◼ Compensation and CICBs ◼

Copyright © 2008 Pearson Education Canada Inc.