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12 Cards in this Set

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criminology vs criminal justice

criminology: scientific study of crime and criminal behavior


criminal justice: people are arrested, prosecuted, and sentenced. they can be defended or supervised when suspected or charge with criminal offenses. The job is to study how to control them.

components of criminal justice system

agencies, organizations, personnel that are involved in the prevention of, and response to crimes and criminals

crime control vs due process models

crime control


-purpose: protect the public through deterring and arresting offenders.


-offenders are held responsible. strong presumption of guilt


-admin of justice should be swift, certain and efficient


-cjs focus on rights of victims


-reflects conservative values


due process model


cjs ensures equal justice for all.


-offenders are responsible, but presumed innocence until proven guilty by law


-admin of justice must be deliberate, and fair.


-cjs focus on rights of criminal defendants; cj decision is discrete.


-reflects liberal values


task environment?


why important in the study of cjs

task environment: cjs does not operate in a vacum, but in a context which includes the cultural, geographic, and community setting.


-characteristics of environment will influence the types of crime, and in turn the available decision-making options, or the effectiveness of a justice policies and programs or the potential for a community-based programs.

why Constitution Act, 1867 important in the study of Canada cjs?


according to this, cjs has what duties?

1867 CA sets out the division of responsibilities between federal and provincial or territorial governments.


-fed govt: criminal code: sets out criminal laws, procedures (prosecution), procedures (admin of justice)


-provincial/territorial govt: law enforcement and admin of justice.

criminal code?

fed legislation that sets out criminal laws, procedures (prosecuting fed offences, sentences), procedures (admin of justice)

adversarial system: key principles, advantages, disadvantages?

two opposing sides: prosecution and the defence


advantages: 2 premises:


(a)-from the materials presented emerge the truth


(b)-judge or jury is neutral 3rd party, makes decision solely on evidence


disadvantages:


-events presented in trial can be distorted


-concerns with quality of legal representation for defendants


-cjs is passive, and merely reacting but not solving problems.



beyond a reasonable doubt?



use this standard when convict a defendant.


the facts should only explain the crime in a logical way.

role of discretion, ethics, duty to act fairly in cjs?

discretion: 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 issues of harm/care and fairness/reciprocity.

ethical issues vs ethical dilemmas?

ethical issues: broad social questions, concerning govt's social control mechanisms and the impact on those governed


ethical dilemmas: the difficult situations in which cj personnel must decide.

penal populism?


how is it manifested in cjs?

if penal populism, government policies


-used to promote electoral popularity of govt of the day.


-pursue political objectives in spite of public opinion


-thus, if penal populism's policies, ineffective in ensuring justice and reducing crimes.


example:


the increase in tough-on-crime legislation and policies.

evidence-based practice?

if evidence-based practices, policies are effective in achieving specified objectives.


some characteristics:


-based on evidence


-focus on all goals in cjs


-focus on cost


-focus on role of information by community


-progressive


-quality over quantity