CRIM 131 - Chapter 2 PDF

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Chapter 2: The Structure and Process of Criminal Justice Learning Objectives:        

Define and contrast criminology and criminal justice Discuss the key differences between the fields of criminology and criminal justice Compare and contrast the two models of criminal justice administration Discuss the various influence on the criminal justice system Discuss the roles and responsibilities of the provincial and territorial governments, and the federal governments as related to the criminal justice Discuss the deterrent value of the criminal justice system Describe the importance of accountability, legitimacy, and evidence-based practice in the criminal justice system Discuss several trends in Canadian criminal justice in the early 21st century

Definitions: Criminology: The scientific study of crime and criminal behaviour. Criminal Justice: The study of social control and the agencies that are involved in the apprehension, prosecution, defence, sentencing, incarceration, and supervision of those suspected or charged with or convicted of criminal offences. Criminal Justice System: All the agencies, organizations, and personnel that involved in the prevention of, and response to, crime and to persons charged with criminal offences and persons convicted of crimes. Crime Control (Model of Criminal Justice): An orientation to criminal justice in which the protection of the community and the apprehension of offenders are paramount. Due Process Model: An orientation to criminal justice in which the legal rights of individuals citizens, including crime suspects, are paramount. Task Environment: The cultural, geographic, and community setting in which the criminal justice system operates, and justice personnel make decisions. Constitution Act, 1867: The legislation setting out the division of responsibilities between the federal and provincial or territorial governments. Criminal Code: Federal legislation that sets out criminal laws, procedures for prosecuting federal offences, and sentences and procedures for the administration of justice. Discretion: The freedom to choose among different options when confronted with the need to make a decision. Ethics: The foundation of knowledge that describes right/wrong or better/worse and applies to harm/care and fairness/reciprocity.

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Ethical Issues: Broad social questions, often concerning the government’s social control mechanism and the impact on those governed, for example, what laws to pass, what sentences to attach to certain crimes. Ethical Dilemmas: Situations in which criminal justice personnel must decide what do to. Duty To Act Fairly: The obligation of corrections to ensure that offenders are treated fairly by corrections personnel. Evidence – Based Practice: Policies, strategies, and programs that have been shown by evaluation research to be effective in achieving specified objectives. Penal Populism: Corrections policies that are formulated in pursuit of political objectives, often in the absence of an informed public or in spite in public opinion. Adversarial System: 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. Beyond A Reasonable Doubt: 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. Key Points Review: Criminology VS. Criminal Justice: What is the difference?  

Criminology: The scientific study of crime and criminal behaviour Criminal Justice: The study of social control and the agencies that are involved in the apprehension, prosecution, defence, sentencing, incarceration, and supervision of those suspected or charged with or convicted of criminal offences  The above terms are used interchangeably (sometimes), and the 2 fields of study do share some commonalities: the study of law and legislation, the study of crime trends and patterns, and the formulation and application of the criminal law Key Differences Between the Fields Of Criminology and Criminal Justice

Criminology Focuses:  Crime and criminal behaviour (law breaking)  The causes of crime  The explanations of crime (e.g., rational choice, biological explanations of criminal activity)  Specific types of criminal activity (e.g., violence, white collar crime, organized crime)  Crime patterns and trends  The nature and extent of victimization  How certain groups (e.g., persons in poverty, women) become criminalized  The formulation and application of the criminal law; law as an instrument of social control  Public perceptions of the law, crime, and offenders  Comparative studies of crime among

Criminal Justice:  Law making  Social control and punishment  The mandates and activities of police, courts and corrections  Decision makers in the justice system (e.g., police officers, Crown counsel, judges)  Non-government organizations involved in responding to and assisting offenders  At risk and vulnerable populations (e.g., Aboriginal persons) in the criminal justice system  The role and activities of the community in responding to crime, disorder, and offenders  The formulation and application of the criminal law; law as an instrument of social control  Ethics and accountability in the justice system

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jurisdictions and nations Specific groups of offenders (e.g., chronic offenders) The legislative of morality (e.g., studies of prostitution laws, drug laws) Methods of conducting research on crime and criminal offenders

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Misbehaviour and corruption of criminal justice personnel Racism and sexism in the criminal justice system Comparative studies in the criminal justice system Methods for conducting research on the criminal justice system Structures of governance of criminal justice agencies The effectiveness of criminal justice strategies, interventions, and decision making

Crime + Criminal Justice = persons who violate the law are viewed and the explanations of their behaviour are related to the response of the Justice System

The Criminal Justice System  

CJS more like a “loosely coupled system” where there are checks and balances Some factors arguing against the CJS being an actual system:  The different mandates of criminal justice agencies are a factor  A lack of interoperability, that is, the inability of the hardware and software from multiple databases from multiple agencies to communicate with one another

What Is The Criminal Justice System? 

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Criminal Justice System: All the agencies, organizations, and personnel that are involved in the prevention of, and response to, crime and to persons charged with criminal offences and persons convicted of crimes. It not only includes criminal justice professionals but many volunteers and other nonprofit groups who deliver programs and services on a contract basis CJS includes crime prevention and reduction. The arrest and prosecution of suspects, the criminal cases by the court, sentencing and the administration and enforcement of court orders, parole and other forms of conditional release, and supervision and assistance for ex-offenders released into the community Recently, restorative justice approaches have become part of the criminal justice process

Models of Criminal Justice Administration: Due Process Versus Crime Control 

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These are 2 competing value systems underlying the administration of criminal justice:  Crime Control (model of criminal justice): An orientation to criminal justice in which the protection of the community and the apprehension of offenders are paramount  Due Process Model (of criminal justice): An orientation to criminal justice in which the legal rights of an individual citizens, including crime suspects, are paramount. These two models conflict with each other, but in practice the CJS reflects elements of both models There is a fundamental and shifting balance to be struck between:

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Giving criminal justice agencies, like police and prosecutors, the unfettered power to apprehend and prosecute offenders (crime control)  Protecting citizens from the potential abuse of that power (due process) Early 21st century the Canadian federal government emphasized a crime control approach  Limited the use of conditional sentences (house arrest) for offenders convicted of serious and violent crimes The Crime Control and Due Process Models Of Criminal Justice Administration

Crime Control Model:  The primary purpose of the CJS is protection of the public through deterrence and incapacitation of offenders  Criminal offenders responsible for their behaviour  The administration of justice should be swift, certain and efficient  The CJS should focus on rights of victims instead of on protecting the rights of criminal defendants  There is a strong presumption of guilt  It reflects conservative values

Due Process Model:  The primary purpose of the CJS is to ensure that there is equal justice for all citizens, regardless of wealth, social status, or political connections  Criminal offenders are responsible for their behaviour  The administration of justice must be deliberate and ensure procedural fairness  The CJS should focus on ensuring that the rights of criminal defendants are protected and that the powers and discretion of criminal justice decision makers are structured and confined  There is a presumption of innocence and the onus is on the CJS to prove guilt; it is possible for a defendant to be factually guilty but legally innocent if proper procedures and rights of the accused have been violated  It reflects liberal values

The Dynamics Of Criminal Justice 

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A key feature is documenting the dynamics of the criminal justice process and exploring the disconnect between the formally stated objectives of the various components of the justice system and actual practice Difficult to develop theories of CJ because of complexity and diversity and scope of the CJS

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Therefore, a study of three parts is conducted:  Police (the behaviour of criminal justice personnel)  Courts  Corrections (the activities of criminal justice organization)  The aggregate characteristics of the CJS and its components in the context of larger societal issues like racism and inequality

The Task Environments Of Criminal Justice Task Environment: The cultural, geographic, and community setting in which the criminal justice system operates, and justice personnel make decisions.  

The characteristics of a task environment influence the types of crime and social disorder that justice system personnel are confronted with Crime manifests itself different in differently structured villages, town, cities, etc.  Influences include:  Demographics  Local economic conditions  Ethnic mix combination

The Role And Responsibilities Of Governments In Criminal Justice  

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Each level of government in Canada plays a role in the justice system Federal governments decide which behaviours are criminal offences, while the provincial or territorial governments are responsible for law enforcement and for administering the justice system RCMP is involved as federal, provincial and municipal Criminal code dates to 1869

The Flow Of Cases Through The CJS 

Refer to figures 2.2, 2.3 and 2.4  Fig 2.2 = shows where a person in the system at any point in the process, provides insight into dynamics of criminal justice  Fig 2.3 = called the criminal justice funnel, is an average recording of offences, cases, etc.  Fig 2.4 = is another funnel of attrition of reported spousal assault incidents (2009)

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Our adversarial system has many rules of procedure and evidence governing criminal prosecutions Some of the basic principles of the adversarial are:  Presumption of Innocence: A defendant is deemed innocent of the charges until convicted by evidence proving beyond a reasonable doubt that the act was committed

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The Crown Bears The Burden of Proof: It is the task of the Crown to prove to guilt, not the responsibility of the accused to prove his or her innocence Doli Incapax: A child under 12 cannot be held criminally responsible or prosecuted for criminal acts Severe Mental Disorders: No one is criminally responsible and liable to punishment if incapable of knowing the act was wrong owning to a mental disorder Attempts Are Crime: Those who attempt crimes (going beyond merely the planning stage) commit an offence and are generally subjected to half the penalty that the completed act would draw

Premises of adversarial system:  That the truth will emerge from the materials presented by the defence and Crown  That the judge or jury will be a neutral third party and will make decisions solely on the evidence, not subject to any other influence

The Role Of Discretion In The Criminal Justice System  

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CJ personnel respond to many events and must carry out their tasks within the framework of written laws and policies Discretion flexibility runs the risk of inconsistencies in how laws are applied, how cases are processed in the courts, and what decisions are made about offenders by correctional officers, parole boards, and parole officers  Has been shown that the ability for discretion has become more and more limited If discretion were not a factor, different justice system personnel would often make different decisions in each situation  difference called disparity

Ethics In Criminal Justice   

Ethics finds the moral issues in the CJS People who become involved with the CJS present with a broad range of issues, including mental illness and addiction Rights of inmates:  The right to serve time in a safe and secure environment  Appears that in CJS issues of what is legal and what is ethical come up

Is The Criminal Justice A Deterrent? 

Studies of the deterrent effect of the criminal law suggest that the low can serve as a deterrent only when certain conditions are present  People must be aware that legal sanctions will be applied if they engage in certain behaviours  There must be certainty of punishment

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 The sanction must be applied swiftly when a crime is committed For those who do become involved in conflict with the law, the criminal law may not be much of a deterrent either. Many offenders have a mental illness, an addiction, fetal alcohol syndrome (brain impairment), in positions of poverty or in marginalized groups It is likely that the criminal law and the CJS offer little in the way of deterrence. Punishment is neither certain nor swift, clearance catch rate is low: CJS is based on a adversarial model that incorporates many elements of due process

The Criminal Justice And At-Risk And Marginalized Persons Aboriginal People in the CJS

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Many aboriginal people live on the margins of Canadian society  Fact is reflected in pervasive poverty, high rates of unemployment, low levels of education, and high death rates because of violence Racism and discrimination toward Aboriginal people have increased their marginality and vulnerability Legacy of colonization of Aboriginal people is their over-representation in the CJS The systems have been found to be discriminating to Aboriginal peoples

Key Concepts In Criminal Justice Legitimacy

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Key to the effectiveness of the criminal justice system is that it be perceived as legitmate by citizens Public view of CJS is drooping, even regard for Police is. Police initiatives are more effective when community residents view their efforts as legitimate Consequences when public does not believe in CJS Shift towards crime control seen in the focus on risk management and surveillance

Accountability and Oversight   

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To help with legitimacy is the creation of structures of accountability and oversight Justice system personnel may be subject to criminal or civil prosecution, as well as to internal external review bodies The policies and decisions made by systems of corrections are examined by the courts in view of the provisions of the Charter of Rights and Freedoms and the Corrections and Conditional Release Act In corrections, offenders must have the opportunity to respond to any assessment made by correctional personnel about their conduct/performance

Selected Trends In Canadian Criminal Justice 

Some tends that lead to impact on criminal justice agencies and the response to criminal offenders include:  Higher costs  Increased centralization of authority

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Conservative penal populism and punitive penology Changing boundaries of CJ agencies Increased surveillance Downloading of responsibilities onto the justice system Challenges of diversity

The Escalating Costs Of The CJS     

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CJS is very expensive The estimated annual cost for policing in Canada is more than 13 billion dollars Corrections expenditures increased to 2.4 billion dollars (30% increase) 100,000 dollars a year to host male inmate, higher for women Bill C-10 and other legislation passed by federal government will result insignificant increases in:  Criminal justice expenditure for case prosecution, incarceration, parole reviews, and supervision in the community The CJS is under pressure to adopt evidence-based practices to develop performance measures and to document outcomes  Many times, the problem with the system and agencies is that they do not have the capacity to asses their performance and determine outcomes of their strategies and decisions

The Increasing Centralization Of Authority  

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Contribute to rising expenditures in CJS is because of a historical trend toward an expanding CJS This expansion mirrors the trend toward the centralization of authority, increased professionalization of CJ and a concurrent reduction in substantive community participation in the JS Before rise of complex societies, order was maintained by informal social controls based on revenge and actions carried out by groups or just one angry individual. Or groups and repulsion from society was used With time communities and their residents became less and less involved in the process of social control, the increasing centralization of the social control function resulted in the transfer of power and authorities to government and justice agencies

The Emergence Of Conservative Penal Populism And Punitive Penology 

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The penal populism has manifested in the Sates as a 3-strikes-you’re-out legislation and mandatory minimum  Are typically helpful to appeal to public when promoting electoral popularity but are ineffective in ensuring justice and reducing crime rates Authorities are trying to turn their attention to reintegration and community based treatment programs

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In Canada, a shift toward punitive penology occurred, federal legislation has increased the severity of criminal sanctions and expanded the control that is exercised over offenders A shift away from a liberal model of criminal justice policy can be seen with the Bill-C 10 during the 2010-2012-time period  New and increased mandatory minimum sentences, constraints on the use of conditional sentences and new criminal offences CJ agencies are also target of civil suits launched by crime victims and inmates

Changing Boundaries Of Criminal Justice Agencies 