crim 103 #2
Compare and contrast the court models
Mental health: objective/process; reduce criminalization outcomes; reduce offending, time in custody, and improve life circumstances Drug: objective/process; address addictions and reduce recidivism with treatment outcomes; cost-effective, can help long-term offenders, but has high rates of non-completion Vancouver downtown community court: objective/process; address needs of residents in downtown Eastside, reduce recidivism, and improve safety outcomes; lower remand, more alternatives, high completion rates, but cases times are long than provincial courts Aboriginal or Gladue: objective/process; dress circumstance of aboriginal offenders and reduce overrepresentation outcomes; more detailed documentation of offenders, but overrepresentation continues
Describe hybrid offences
Offences that can be proceeded summarily or by indictment, a decision always made by the crown counsel
Judicial discretion
judicial discretion: enactment prescribes different degrees or kind of punishment or sentencing
What are the collateral consequences of sentencing?
the sanctions and prohibitions that are placed on persons convicted of criminal offences, particularly those offenders who have been incarcerated
What is a victim impact statement and what role does it play?
statement a victim makes at court about how they feel and how the crime has affected them and the people around them, is important because it shares an emotional story that can make the jury and judge feel something and be on your side
Limits to discretion
1) bound by purposes and principles set out in the criminal code 2) must follow relevant case law 3) every offence has maximum sentence that the judge cannot exceed 4) some offenders carry, upon conviction, minimum sentences 5) sentences can be changed by appellate courts if deemed too lenient or too severe
Describe the defence of not criminally responsible on account of mental disorder, why is there controversy?
A defence that the accused person is not responsible for an act because of his or her mental state at the time, there is usually an assessment ordered by the court which is used to determine the verdict, which isn't the finding of guilt or conviction for the offence. NCRMD is controversial because one could not believe the accused or maybe they still think they deserve the sentence regardless on their mental state
What is a preliminary hearing and what role does it play?
A hearing to determine if there is sufficient evidence to warrant a criminal trial, it plays a huge role because it determines what the rest of the next step in the criminal justice system is for the accused
What are search warrants, and how have the courts viewed the use of search warrants by police?
A search warrant is a document that permits the police to search a specific location and take items that might be evidence of a crime, courts view search warrants as necessary and have specific guidelines depended on the crime
Why are security certificates the focus of controversy?
A security certificate is a process whereby non-Canadian citizens who are deemed to be a threat to the security of the country can be held without charge for an indefinite time, can be controversial because could be interpreted as an racist act
In what situations would a crown counsel enter a stay of proceedings?
A trial takes place when the accused person who pleads not guilty doesn't change that plea and the Crown doesn't withdraw the charges or terminate the matter with a stay of proceedings which is an act by the Crown to terminate or suspend court proceedings after they have commenced
What role do an arrest warrant and an information play in police response to accused person?
Arrest warrant: a document that permits a police officer to arrest a specific person for a specified reason Information: a written statement sworn by an informant alleging that a person has committed a specific criminal offence
What role do clearance rates and crime displacement play in discussions of measuring police performance
Clearance rates: the proportion of the actual incidents known to the police that result in the identification of a suspect, weather or not the suspect is ultimately charged and convicted Crime displacement: the relocation-because of effective crime prevention and crime response initiatives-of criminal activity from one locale to another
What role do Compstat, and intelligence-led policing play in community-focused strategic policing?
Compstat: a strategy designed to increase the effectiveness and efficiency of police services while holding police personnel accountable for achieving crime reduction objectives Intelligence-led policing: policing that is guided by the collection and analysis of information that is used to inform police decision making at both the tactical and the strategic level These two strategies are examples of how police services use technology to generate information and how they use it to use department resources more effectively
Compare and contrast concurrent, consecutive, and intermittent sentences
Concurrent sentence are served simultaneously, consecutive sentences are served one after another, and intermittent sentences are served part-time usually on weekends
Describe suicide by cop
Instances in which despondent individuals act in a manner calculated to force police to use lethal force, often these incidents involve individuals who are suffering from suicidal tendencies, mental illness, or extreme substance abuse.
What role does remand play in the pre-trial process?
It is the status of accused persons in custody awaiting trial or sentencing
What are judicial determination and judicial restraint orders and what role do they play in sentencing?
Judicial determination: an order by the sentencing judge that the offender must serve one-half of the sentence before being eligible for parole Judicial restraint: encourages judges to exercise their own powers
What are the issues that surround plea bargaining?
Plea bargaining is an agreement whereby an accused pleads guilty in exchange for the promise of a benefit, some issues include... plea bargaining bring the administration of justice to disrepute, it doesn't follow any policy or guidelines and is therefore subject to abuse, it places pressure on innocent defendants to "cop a plea" to avoid being found guilty at trial an receiving a more severe sentence, it places pressure on persons who committed the offence to plead guilty, and it is a closed process that is not subject to public scrutiny and threatens the rights of accused persons
Define and discuss primary and secondary crime prevention programs and note the effectiveness
Primary: programs that identify opportunities for criminal offences and alter those conditions to reduce the likelihood that a crime will be committed 1) crime prevention through environmental design: altering the physical environment of structures and places to reduce criminal opportunities; has helped reduce crime in some areas 2) closed circuit television: placing cameras in business or residential areas to provide live images 24/7; most effective when directed at specific locales 3) operation identification: citizens or businesses mark their property with ID numbers to make it difficult to fence stolen goods; impact of property crimes is uncertain 4) neighbourhood watch: organizes residents to make them aware of strangers and criminal activities in their neighbourhood; is effective in reducing crime rates 5) citizen patrol: citizen foot and vehicle patrols under police supervision; no Canadian evaluations 6) media-based programs: educate the public about crime and solicit public assistance in locating offenders; can increase arrest rates but have little impact on overall crime rates Secondary: programs that focus on areas that produce crime and disorder 1) drug abuse resistance education for youth: school-based program that provides informations to youth about the perils of drug use; no impact on students beliefs 2) crime prevention through social development: collaborative efforts to reduce the risks faced by individuals, families and communities; some evidence of effectiveness. 3) programs for at risk youth: developing leadership and lifeskill in at risk youth and increasing positive police/ youth interactions; few evaluations have been done. 4) police-school liaison officer programs: police officers are assigned to schools on a residential or non-residential basis; few evaluations have been done. 5) positive youth development program: based on crime prevention through social development, a strategy designed to build capacity in communities and in youth to improve the quality of life and decision making among youth and to facilitate the development of positive attitudes and behaviour; potential to significantly impact youth. 6) crime reduction: multi agency approach designed to prevent crime, apprehend and prosecute offenders, and address citizens fear of crime; it is effective. 7) community mobilization: strategy designed to reduce crime and victimization, strengthen at risk communities and families and increase community wellness; example program resulted in fewer calls for police service, reduced rates of violent and property crime and decline in emergency room visits.
Describe problem-oriented policing, zero tolerance policing, and quality-of-life policing and note the effectiveness
Problem-oriented policing: (POP) a tactical strategy based on the idea that the police should address the causes of recurrent crime and disorder Zero tolerance policing: a police strategy that focuses on disorder and minor infractions, most often associated with the broken windows approach to policing a community Quality-of-life policing: police efforts to improve conditions in an area by targeting disruptive and annoying behaviour All effective in different ways, POP has the potential to reduce crime rates and improve police-community relations while Zero tolerance and quality of life policing can alter offenders behaviours.
Compare and contrast the professional model of policing, community policing, and community-based strategic policing?
Professional model of policing: a model of police work that is reactive, incident driven, and centered on random patrol Community policing: a philosophy of policing centered on police-community partnerships and problem solving Community-based strategic policing: a model of police work that incorporates the key principles of community policing with crime prevention, crime response, and crime attack approaches Compare and contrast: first is reactive and deals with the actually catching of criminals, second is connecting and building relationships with the community and as a team figuring out the problems, and third is the prevention of criminal behaviours
Mr. Big
RCMP pose as organized crime figure who preside a suspect (usually in a murder) to admit to the crime, used in Canada but not in the states because it is seen as entrapment there, sometimes this can lead to false accusations.
Describe the approach of problem solving courts, provide examples, effectiveness?
Specialized courts that are designed to divert offenders with special needs from the criminal justice system, include community courts, drug courts, and mental health courts. The effectiveness of specialized courts is hard to measure because of the wide variations of who is allowed to partake, how they court process works, and what the end goal is.
Describe a suspended sentence and a conditional sentence
Suspended sentence: a sentencing option whereby the judge convicts the accused but places the offender on probation, successful completion results in no sentence to be given Conditional sentence: offenders who receive a sentence or sentences totalling less than 2 years serve their time in the community under the supervision of a probation officer
What is meant by the courtroom workgroup, why is it important?
The criminal justice professionals, including the judge, Crown counsel, and defence lawyer, who are present in the criminal courtroom. It is important because
What is discretion, and how does it affect the exercise of police powers?
The freedom to choose among different options when confronted with the need to make a decision, it is an essential part of policing because no set of laws or regulations can prescribe what a police officer must do in each and every circumstance.
What is meant by the one plus one use of force standard?
The generally accepted use-of-force standard that officers have the authority to use one higher level of force than that with which they are confronted.
Define judicial independence
The notion that "judges are not subject to pressure and influence, and are free to make impartial decisions based solely on fact and law"
What is judicial interim release (bail) and what issues does it have?
The release by a judge or JP of a person who has been charged with a criminal offence pending a court appearance, it can have many issues such has the accused not showing up for their trial or committing another crime
What is therapeutic justice, how is it different?
The use of the law and the court as change agents in promoting the health and well being of offenders while ensuring that their legal rights are being protected and that justice is done, it is used by specialized courts but not actually its own thing
Describe the crime attack strategies used by police and the effectiveness of these approaches
They are proactive operations by the police to target and apprehend criminal offences - Tactical or directed patrol: reduce crime activity by patrolling high volume spots during high volume times - Hot spots policing: can reduce crime without displacing crime, long term - Focus on high risk offenders: can result in high levels of arrest and incarceration - Bike patrols: effective component to community - Foot patrols: emerging strategy that can reduce levels of crime in neighbourhoods Community notification: no evidence supporting its effectiveness
Table 7.1
Traditional courts VS problem-solving courts adversarial and legalistic VS therapeutic and restorative anonymous and impersonal VS personalized little collaboration among criminal justice, social services, and other agencies and community organizations VS collaborative offence focused VS offender focused sanction focused VS problem focused generic supervision VS individualized supervision minimal community involvement VS community involvement
What are typifications and recipes for action and how do they contribute to our understanding of the decision making of the police?
Typifications: constructs based on a patrol officer's experience that denote what is typical about people and events routinely encountered Recipes for actions: the actions typically taken by patrol officers in various kinds of encounter situations Used to tailor their decision making to the particular area and population being policed, they contribute to our understanding because the response of an officer in the same situation but in a different area could be different we as the general public might not understand it if we don't understand what typifications and recipes for action are
What was the Gladue decision?
a decision by the SCC that held that when a term of incarceration would normally be imposed, judges must consider the unique circumstances of aboriginal people
How do the designations of dangerous and long-term offenders impact a convicted person?
dangerous offenders: a designation made by the judge after conviction that results in an indeterminate term or imprisonment in a federal jail long-term offenders: a designation that requires the offender to spend up to 10 years under supervision following the expiry of his or her sentence impact a convicted person because they have a bad "title" and even if they try to change themselves later in life they will always have that title
Gladue supreme court decision and why is it important (social and historical facts)
landmark decision that the supreme court made, states that judges must take aboriginal background into account while sentencing, it is important because these experiences (caused by newcomers and whites) could explain the behaviour and then call for a lower sentence - family history of residential school - 60's scoop - history of unemployment because of lack of opportunity - racism - lack of education - substance abuse or family history of it - family violence
Mandatory/minimum sentencing (pros and cons)
pros: deter or prevent the person from re-offending, deter others from committing similar crimes by using examples, and public attitudes are such that the Canadian electorate would not stand from people held accountable in other ways than jail cons: high cost, no difference in crime rate in area with min/max than ones without
sentencing (purpose and principles)
purpose: contribute to a peaceful and safe community principles: a) to denounce unlawful conduct b) to deter the offender and other persons from committing offences c) to separate offenders from society where necessary d) to assist in rehabilitating offenders e) to provide reparations for harm done to victims or the community f) to promote a sense of responsibility in offenders and acknowledge of the harm done to victims or the community