Crim 131 Final Notes - Summary Introduction to the Criminal Justice System PDF

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Summary

Midterm Crime Violations Justice Process Victim Role Questions? Emotions Stigma Involvement Issues Community Tools Violation of law and state Create guilt Assigns imposes pain Case is referred from police Charges are laid Crown Crown and defence argue Judge decides then sentences Victims are periphe...

Description

Midterm Crime Violations Justice Process

Victim Role Questions? Emotions Stigma Involvement Issues Community Tools

Adversarial/Criminal Violation of law and state Create guilt Assigns blame; imposes pain Case is referred from police Charges are laid by Crown Crown and defence argue guilt/not Judge decides then sentences Victims are peripheral What law is broken? Who did it? What do they deserve? Blame and guilt Permanent, no encouragement for forgiveness Dependent on professionals of criminal justice system in a fixed procedure Law Abstractly represented by state Punishment and controlling

Restorative Violation of people and relationships Create obligations Involves; V, O, communities Referrals come through programs Prep casework Victim/offender/community meetings Follow up on agreements Involved in all processes; involved Who is hurt? What are their needs? Whose obligations are these? Problem solving and future Removable, potential for forgiveness Direct community involvement in own issues in a flexible procedure Relationships (Vic, Off, Community) Facilitator for healing Healing and support

Chapter 7 Structure & Operation of Criminal Courts Courts -

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SCC: given in Constitution act; final court of appeals in Canada; tries Charter appeals & reference cases  9 judges; always tried by odd number  Landmark cases o Reference re Secession of Quebec: Reference re same sex marriage o Canada (AG) v PHS Community Services: safe injection site on DES o R v Sharpe: (child porn); Morgentaler v R: (abortion); R v Zundel: (Hate crime) o R v Stinchcombe: Crown has to disclose evidence to defence counsel (discovery b/c hold burden of proof)  Criticisms: too socially activist (potential election); too deferential to law enforcement; not anti-terrorism enough Provincial courts  P/T Appeal: appeals from PTS & PTC; issues of fact, law, or both; most often sentencing appeals  P/T Supreme: tries the most serious cases; indictable offences; first court of appeal in the province  P/T Courts: tries less serious offences; most criminal offences, traffic, & preliminary hearings  Problem-solving courts: designed to divert offenders with special needs from CJS (concerns of net-widening) o 3: Focus on underlying problems (individual, community); interagency/disciplinary collab; accountability o Therapeutic justice: law & courts used as change agents promoting health of offenders & community o Mental health: reduce criminality of mentally ill people; operates at pre- and post- charge o DTC: address alcohol/drug offenders and reduce reoffending; specified conditions o DCC: address DES members; reduce crime & recidivism; improve public safety & justice efficiencies o Aboriginal: address special circumstances of FN offenders (culturally appropriate); reduce FN incarcerated

Traditional Courts Adversarial and legalistic Anonymous and impersonal Little collab CJS, social service, agencies & community orgs Offence focused Sanction focused Generic supervision Minimal community involvement Court Objective/Process Mental Health Reduce criminalization Drug Van Downtown

Problem-solving Courts Therapeutic and restorative Personalized Collaborative Offender focused Problem focused Individualized supervision Community involvement (eg. Personal mentors) Outcomes Reduce offending, use of acute care, & time in custody; improve life circumstances Address addictions & reduce recidivism Cost-effective; can help long-term offenders; but high w/treatment rates of non-completion Address needs of residents in DE; reduce Lower remand; more alternatives; high completion; but

Community Court Aboriginal (Gladue)

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recidivism, improve safety Address circumstance of Aboriginal offenders; reduce overrepresentation

case times longer than provincial court Detailed documentation of offenders; effectiveness inconclusive; overrepresentation continues

 Circuit courts: travelling courts to rural communities (often FN); issues often backlog, cultural, & language Federal courts  Federal Appeal: hears appeals from the F/C; limited criminal jurisdiction  Federal Court: federal offences; piracy, maritime law, copyright law, tax law

Workgroup -

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Judge: trier of fact; determines sentences; interpret law; rule on motions; determine truthfulness  Judicial principles: equality; impartiality; independence; integrity; & diligence  Accountability: have independent oversight; CAD judicial council; public complains; BC complaints  Criticisms: lack of accountability & transparency; government agenda  Discretion: in sentencing; verdicts; considers aggravating/mitigating factors Crown: represents government in criminal trials; interviews witnesses; works in courtroom; trial preparation; plea bargains  Challenges: increasing workload; sensitive cases (may have special Crown like for DD); culture/language issues  Discretion: to divert offenders before the trial; not charge; bail decisions; plea negotiations; sentences; appeals Defence: represents accused; goal is to uphold due process rights; create narrative of innocence if necessary Other: court administrators (clerks); sheriffs; court reporters

Trial Flow -

Summary conviction: always seen by lower court judge in provincial/territorial court Indictable offence: falls into 3 categories  Absolute jurisdiction of P/T courts: seen by judge alone; minor offence (theft, fraud, mischief)  Jurisdiction of PT Supreme: judge/jury; prelim hearing (prima facie); preferring indictment (murder)  Electable: most fall here – Charter guaranteed right to jury trial if 5+ year sentence minimum o Trial by PT court judge: attorney general may force jury trial o Trial by supreme court judge: entitled to prelim hearing; attorney general may force jury o Trial by supreme court judge & jury: entitled to preliminary hearing

Chapter 8 Prosecutions Role Of Crown -

Represents government & present facts for the court to decide (SCC v the Queen) Prosecute criminal cases: PT (CC offences) or federal (drug offences) Considerable discretion: able to divert offenders Activities: advise police; negotiate pleas; prepare for trial; recommend/appeal sentences; bail Challenges: increasing workload; sensitive cases (specialized Crown); cultural/language barriers

Laying Information/Charge -

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Police responsible for laying information (outline lawbreaking) → Crown ratifies → brings to JP  Police acts as informant to JP; anyone may act as one  In BC/NB the Crown lays information Police may issue (without information): summons, traffic offences, appearance notice/promise to appear  Accused released on their own recognisance (responsible to appear for themselves) Influenced by: discretion (of police or Crown); workload; time; priority (seriousness)

Compelling Appearance -

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Routes  Appearance notice by police → lay information → released on own recognizance → court appearance  Accused arrested w/o warrant → release of accuse/laying info → bail → detention/judicial release  Laying information → arrest warrant/summons → bail/officer release → detention/judicial release Appearance notice: police determined that offender has no reason to not show up (gives: details, dates, warning) Summons: made by JP (includes: allegation, dates, youth rights) then issued by police (bench warrant if no show)

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Arrest: by warrant JP or w/o → instant release or right within 3 days to bail hearing (Charter)  Bail not given for: Charge of serious indictable offence w/5+ years in prison  Bail not given for: Public interest o Reasonable grounds to believe accused won’t appear o Reasonable grounds to detain for public safety

Release -

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By police  Discretion: police choose if offenders are detained or released for the most part  Summary Conviction or Elective: issue court summons  IO: compel appearance by promise to appear, undertaking to appear, recognizance...