CC 102 - concept charts PDF

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About 80 concepts...

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Concept Charts By: David Sivakumar Student ID:190339140 Professor: Wayne Morris Course Code: CC 102 Due date: Nov 26. 2019

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Concept/Term 1

Rule of Law

2

Canadian Charter of Rights and Freedoms

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Crime

4

Social Construction of Crime

5

Deviant Behaviour

6

Actus Reus

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Mens Rea

Important date(s) Magna Carta -1215

First part of Constitution Act – 1982

What it says

Reference

Examples/discussion

No person is above the law, all persons are bound by the law and the law should be enforced equally. Guarantees the Rights and Freedoms which are only subject to specific limits An act or omission that is prohibited by criminal law.

Text – pg. 12

Admiral principle, but difficult to apply

Text – pg. 14

Supreme Law of Canada

Text – pg. 6

The notion that the legal status of behaviours is not determined by the behaviour itself but is the result of the social response to the behaviour. Deviant behaviour that is contrary to the norms and values of the larger society, but not necessarily illegal. Actus Reus is the commission of a criminal act.

Text – pg. 7

Sometimes the omission of an act is a crime. For example, failing to give assistance to a person in peril or failing to report a case of child abuse. The legalization for the recreational use of marijuana in Canada.

Mens Rea is the

Text – pg. 6

Text – pg. 6

Dressing goth is not illegal but is not the normal attire wore by most of society.

Text – pg. 6

The Actus Reus is still considered present in attempted crime because the criminal act, however, not accomplished was attempted. For example, attempted murder is a crime because the defendant had the intention to kill the victim. If the defendant may 2

mental intent to commit a crime

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Civil Law

9

Criminal Law

1 0

Moral Entrepreneurs

1 1

Value Consensus Model

1 2

Conflict Model

Civil Law resolves disputes between individuals. That body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. Individuals, groups, or organizations who seek action against certain groups of people or certain behaviours and bring pressure on legislators to enact criminal statutes. The view that what behaviours are defined as criminal and the punishment imposed on offenders reflect commonly held opinions and limits of tolerance.

Text – pg. 15

The view that crime and punishment

be charged less severely if they did not intend commit crime. For example, if the defendant unintentionally kills someone (car accident) they would be charged with Manslaughter In a criminal law and civil law

Text – pg. 11

Stealing is considered wrong by society, so theft is a crime by the Criminal Code

Text – pg. 8

An example of a moral entrepreneur would be like Mothers Against Drunk Driving (MADD)

Text – pg. 8

This model ensures that the punishment fits the crime. For example, an individual who has been convicted of theft would not be sentenced the same punishment as an individual convicted for murder

Text – pg. 9

An example of this model, would be a 3

reflect the power some groups have to influence the formulation and application of criminal law. Law that sets out the rights and obligations of each person in society. The legal processes that protect and enforce the rights set out in substantive law.

1 3

Substantive Law

1 4

Procedural law

1 5

Common Law

Law that is based on custom, tradition, and practice and is generally unwritten.

Text – pg. 10

1 6

Precedent

Text – pg. 10

1 7

Stare Decisis

A judicial decision that may be used as a standard in subsequent similar cases. The principle by which the higher courts set precedents that the lower courts must follow.

1 8

Statute Law

Written laws that have been enacted by a legislative body such as the Parliament of Canada.

Text – pg. 9

Text – pg. 9

Text – pg. 10

Text – pg. 10

stock trader receiving less severe sentence compared to an individual who steals from a convenience store. An example of Substantive Law would include the Criminal Code The procedure for making an arrest would be an example of procedural law Showing respect to the judge in court would be an example of common law Judges may refer back to similar cases to help make a verdict for the present case. When women were given rights (a verdict given by higher court) lower courts, whether they agreed or disagreed, had to treat women equal to the rights they were given. Traffic regulation and tax laws are both examples of statute law.

4

1 9

Case Law

2 0

Criminal Code

2 1

Criminal Justice System

2 2

Constitution Act

Law that is established by previous court decisions and is based upon the rule of precedent.

First complete Criminal Code - 1892

1867

Text – pg. 10

Decisions made in Supreme Court which now have become laws to help deal with the verdict in a present similar case.

Federal legislation Text – pg. 14 that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice. All of the agencies, Text – pg. 21 organizations, and personnel that are involved in the prevention of, and response to, crime; persons charged with criminal offences; and persons convicted of crimes. The legislation setting Text – pg. 22 out the division of responsibilities between the federal and provincial governments.

Sir John Thompson had the leading role for Canada’s first complete criminal code.

A part of the criminal justice system would be the police force because they are involved with crime prevention and response to crime.

The federal government is responsible for the criminal code, while the provincial government is responsible for the enforcement and for administrating the justice system

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2 3

Crime Control Model

An orientation to criminal justice in which the protection of the community and the apprehension of offenders are paramount.

Text – pg. 23

2 4

Due Process Model

An orientation to criminal justice in which the legal rights of individual citizens, including crime suspects, are paramount.

Text – pg. 23

2 5

Adversarial system

Text – pg. 23

The Canadian criminal justice system is an example of an adversarial system.

2 6

Beyond a reasonable doubt

A system of justice that is based on two opposing sides—the prosecution and the defence—arguing the guilt or innocence of a person before a judge or jury. The standard that must be met to convict a defendant in a criminal case, which requires that the facts presented provide the only logical explanation for the crime.

Text – pg. 23

Even if there is high probability that an individual committed a crime, they cannot be convicted if there is some reasonable doubt.

Profiling and wire tapping would be considered aggressive crime control strategies. Focuses on having a more efficient justice system Focus is to have more fair and equal justice system that does not infringe any constitutional rights.

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2 7

Discretion

The power or right to decide or act according to one’s own judgment.

Text – pg. 27

A key factor in understanding how cases flow through the criminal justice system is discretion. This can lead to inconsistencies in how laws are applied, how cases are processed in the courts, and what decisions are made about offenders by police officers, judges, and correctional authorities. Text – pg. 28 Task environments range from small Inuit villages in Nunavut to inner-city neighbourhoods in major urban centres, such as Toronto.

2 8

Task Environment

The cultural, geographic, and community setting in which the criminal justice system operates and justice personnel make decisions.

2 9

Ethics

Text – pg. 28

The focus on ethics highlights the presence of moral issues in the criminal justice system.

3 0

Evidence Based Practices

The foundation of knowledge that describes right/wrong or better/worse and applies to harm/care and fairness/reciprocity. Policies, strategies, and programs that have been shown by research to be effective in achieving specified objectives.

Text – pg. 34

Carding is an example of evidence-based practices.

3

Restorative

A problem-solving

Text – pg. 34

Victim/Offender 7

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Justice

3 2

Racism

3 3

Prejudice

3 4

Discrimination

3 5

Racialized Persons

3 6

Racialization

3

Racial Profiling

approach to responding to offenders based on the principle that criminal behavior injures victims, communities, and offenders, and that all of these parties should be involved in efforts to address the causes of the behaviour and its consequences. Prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one’s race is superior. The unsubstantiated, negative prejudgment of individuals or groups, generally on the basis of ethnicity, religion, or race. An action or a decision that treats a person or a group negatively for reasons such as their race, age, or disability. Persons, other than Indigenous people, who are nonCaucasian in race or non-white in colour. The process by which societies construct races as real, different, and unequal in ways that matter to economic, political and social life Any action

Mediation or Dialogue

Text – pg. 43

Hate crimes are an example of racism.

Text – pg. 43

Muslims tend to have the negative prejudgment of individual believing they are terrorists

Text – pg. 43

Most of the time an African American male will be stopped for ‘random’ police street checks.

Text – pg. 45

African Americans are an example of racialized persons.

Text – pg. 45

African American women may often be stereotyped as uneducated, loud, or improper.

Text – pg. 45

Police stopping a 8

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3 8

Re-victimization

3 9

Policing

4 0

Pluralization of Policing

4 1

Social Contract Perspective

undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment. The negative impact on victims of crime caused by the decisions and actions of criminal justice personnel.

The activities of any individual or organization acting legally on behalf of public or private organizations or persons to maintain security or social order. The expansion of policing beyond the public police to include parapolice and private security. A perspective that considers the police to be a politically neutral force that acts primarily to enforce the law and protect the public.

African American because African men have been stereotyped to be highly involved in crime. In other words, the African American was stopped based on the colour of his skin.

Text – pg. 56

Can occur if victims are not provided proper to recover from their experience both mentally and physically

Text – pg. 69

Public police officers would be an example of policing.

Text – pg. 69

Police no longer have a monopoly on policing due to parapolice and private security. The police use of force as necessary to maintain order and maximize collective good by maintaining a safe and workable society.

Text – pg. 70

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4 2

Radical Perspective

4 3

Political Policing

4 4

Police Acts

4 5

Policing Standards

4 6

Police Boards and Police Commissions

A perspective that views the police as an instrument used by governments and powerful interests to suppress dissent, stifle protest, and help maintain the status quo. Secretive police investigative activities and surveillance of persons and groups deemed to be a threat to the stability and status quo of the State

Text – pg. 70

The radical perspective considers police as a repressive force that is instrumental in the maintenance of an unjust social system.

Text – pg. 71

Throughout the 20th century, the RCMP carried out extensive surveillance of politicians, university students, and faculty, and it maintained confidential files on hundreds of thousands of Canadians.

The legislative framework for police service

Text – pg. 73

Provisions that set out how police services are to be maintained and delivered. Bodies that provide oversight of police.

Text – pg. 73

Also makes the principles of policing, covering topics like disciplinary procedures for police officers. A supplement to police acts.

Text – pg. 73

Composed of community members and city council members

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4 7

Order Maintenance

4 8

Core Policing

Early 21st Century

4 9

Royal Canadian Mounted Police Act

1985

5 0

Contract policing

Designed to prevent and control behaviour that disturbs the public peace, including quieting loud parties, policing protests, responding to (and often mediating) domestic and neighbourhood disputes, and intervening in conflicts that arise between citizens. Often referred to as quality-of-life policing; involves the police playing a multifaceted role in the community, which includes collaborative partnerships with the community.

Federal legislation that provides the framework for the operation of the RCMP.

An arrangement whereby the RCMP and provincial police forces provide provincial and municipal policing services.

Text – pg. 74

It is this role of the police that is most often the subject of criticism and investigation.

Text – pg. 76

One responsibility involved with core policing would be developing and sustaining partnerships with the community.

Text – pg. 81

All RCMP recruits are trained at its training academy in Regina, Saskatchewan. The officers are then deployed across the country in detachments. Text – pg. 81 The RCMP is a federal police force, yet about 60 percent of its personnel are involved in contract policing; that is, they serve as provincial and municipal police officers under agreements between the RCMP and the provinces/territories.

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5 1

Basic Qualifications (for police candidates)

The minimum requirements for candidates applying for employment in policing.

Text – pg. 86

Some basics qualifications would include being a Canadian citizenship and a minimum age of 19.

5 2

Preferred Qualifications (for police candidates)

Text – pg. 86

Some preferred qualifications would include knowledge of a second language or culture.

5 3

Operational Field Training

Requirements that increase the competitiveness of applicants seeking employment in policing. Instructing the recruit how to apply principles from the training academy in the community.

Text – pg. 89

During this critical phase, the specially trained senior officer makes sure that the recruit is able to meet the demands and challenges of police work.

5 4

Working Personality of the Police

Text – pg. 89

This concept is used to explain how the police view their role and the world around them.

5 5

Occupational Stress Injuries

Text – pg. 90

An example of occupational stress injuries can be as insignificant as minor annoyance and as serious as suicide

5 6

Post-traumatic stress disorder (PTSD)

A set of attitudinal and behavioural attributes that develops as a consequence of the unique role and activities of police officers. Physical and/or mental conditions in police officers caused by their organizational and operational experiences on the job. An extreme form of critical incident stress that includes nightmares, hypervigilance, intrusive thoughts, and other forms of psychological distress.

Text – pg. 91

Officers who are involved in critical incidents, such as a shooting, or who are exposed to extreme violence, individual suffering, and death may develop PTSD. 12

5 7

Principle of accountability

The actions of police officers and police services are subject to review and there are formal channels that individuals can use to lodge complaints against the police.

Text – pg. 104

5 8

Typifications

Text – pg. 106

5 9

Recipes for Action

6 0

Bias-free Policing

Constructs based on a patrol officer’s experience that denote what is typical about people and events routinely encountered. The actions typically taken by patrol officers in various kinds of encounter situations. The requirement that police officers make decisions on the basis of reasonable suspicion and probable grounds rather than based on stereotypes about race, religion, ethnicity, gender, or other prohibited grounds. A disproportionate police focus on a racialized population or neighbourhood. Police stops or searches for a minor reason that are used for more intrusive intervention.

6 1

Over-policing

6 2

Pretext policing

There are two external boards of review that oversee the activities of RCMP officers: The External Review Committee (ERC) and the Civilian Review and Complaints Committee for the RCMP (CRCC).

Text – pg. 106

Text – pg. 106

Text – pg. 107

Text – pg. 107

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6 3

Carding

Street checks/carding is an intelligencegathering technique used by the police in which persons who have not committed an offence are stopped and questioned.

Text – pg. 107

A study in Kingston, Ontario found that Blacks were overrepresented in both traffic stops and...