...A Retreat in the CJS 1 A Retreat in the Criminal Justice System Stephanie Karam ENG1100BB Karenza Sutton-Bennett November 25, 2014 A Retreat in the CJS 2 Abstract In contemporary culture, an emphasis on a “tough on crime” criminal justice system has been a topic of debate amongst all citizens. In this paper, a comparison of statistical evidence and treatment rates will be discussed. The purpose is to stipulate evidence of declining crime rates, and alternative sanctions to the crime bill c-10. In addition, a consultation of rehabilitation methods and apprehension of why there is a disproportionality of Aboriginal people in the Criminal Justice System will be explored. The data discovered suggests that the legislation was enacted for political reasoning, without the consideration of underlying causes of criminal activity. Furthermore, rehabilitation treatments have shown to lower recidivism, and are used to stress the importance on investigating the root cause of criminal behaviour. Finally, the restorative justice model is adopted to promote the sense of moral wrong in the individual’s crime. A Retreat in the CJS 3 In recent years, the Canadian government has been working on implementing a stricter justice system. The omnibus crime bill C-10, was enacted in order to achieve this measure. The act consists of a concept in which includes harsher sentencing, mandatory minimums and a zero tolerance policy. This legislation attempts to put victims first, instead of defending the...
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...|Carleton University |Department of Law and Legal Studies | Course Outline | | | | |Course: | |LAWS 2301T | | | | | |Term: | |Summer 2016 | | | | | |Prerequisites: | |LAWS 1000 | |Class: |Day & Time: |online | | |Room: |N/A - there is no classroom; lectures will be viewable online | | | | ...
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...and all have found that Aboriginal people are clearly over-represented in Canada’s criminal justice system. Each study has provided many reasons for the high incarceration rates. A justice system that is not responsive to the experiences and needs of Aboriginal people contributes to the high Aboriginal incarceration levels. Many Aboriginal people have other social factors that contribute to their overrepresentation in the criminal justice system. “Aboriginal peoples experience disproportionately high rates of crime and victimization, are over-represented in the court and the correctional system, and further, feel a deep alienation from a justice system that is to them foreign and inaccessible, and reflects both overt and systemic racism.” (“Aboriginal People,” n.d) The overrepresentation of Aboriginals is a long-standing problem. Reports over the years have pointed to institutional bias within the criminal justice system as a cause for this problem. Courts were more inclined to deny bail and to impose more and longer prison sentences on Aboriginal people than on non-Aboriginals. (“Combating aboriginal”, 2012) Aboriginal accused are more likely to be denied bail and spend more time in pre-trial custody than non-Aboriginal people. One of the reasons for Aboriginal over-representation is related to interpretive problems. The Canadian Criminal Justice System is based on a system of offender punishment and deterrence. That is, Canada is attempting to systematize...
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...U.S. Criminal Justice System Compared To Canada U.S. Criminal Justice System Compared To Canada The United States Criminal Justice System is used by national and local governments to maintain social control and punish violators of the law with criminal penalties. The primary agents responsible for upholding the law under the United States criminal justice system are the courts, defense attorneys and prosecutors, law enforcement officers along with prisons and jails. In joint efforts these agents work together to arrest, charge, adjudicate and punish those individuals found guilty of a crime. They are also responsible for ensuring that the accused are given a fair trial and that their individual rights are protected throughout the process. By law, individuals tried through the United States criminal justice system remain innocent until proven guilty (Criminal Justice System , 2011). The carry of firearms for protection and other lawful purposes is legal in forty-nine states, either under license or as a matter of course. Washington, D.C., and the State of Illinois are the only regions that both prohibit carry by statute, and neither issue a license exempting one from the statute. Open carrying of firearms without any licensing requirement is legal in thirty-one states. There is no federal law generally prohibiting the carry of firearms by citizens for protection or other lawful purposes. Some states' statutes prohibit carry in vehicles without a license; concealment without...
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...Changes in the Aboriginal Justice System through Colonialism Austin Jamieson 11153678 Native Studies 107 Ron Laliberte November 20, 2013 Aboriginal justice system has gone through many changes throughout history. This has mostly been because of Colonialism. Its presence is highly noticed in the formation of cultures and their ways, as well as in the elimination of others cultures and their ways. Colonialism has affected Aboriginal culture in several ways; however, a significant area that has been affected is the traditional Aboriginal justice system. Aboriginal communities had their own sense of justice and punishment prior to the arrival of the Europeans in Canada, Aboriginal communities lost their traditional means of sentences to the implementation of European corporal punishment. In the Western concept of justice, the system punishes the offender through a process of trying to make the offender conform, often locking them away to protect society from the dangers that offender brings to those around them. Aboriginal systems (which varying) try to focus on restoring the peace and harmony of the community. The concept is meant to use the justice system to bring equilibrium into the offender and community, as balance is necessary for kinship and relationships to flourish. Elders within Aboriginal communities began to bring many of these traditional correction techniques back into society to fix the growing numbers of criminal offenders throughout the country nearing...
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...Policing is perhaps one of the most controversial components of the Canadian criminal justice system and yet, it is the one component that Canadian citizens have the most contact with. People rely on the police for safety and security because, when confronted with criminal offences or dangerous situations, police officers are often the ones who protect the people. It is also important to note that many Canadians have never had any contact with other components of the criminal justice system, and therefore, the police are all that they know. It is no surprise that policing is considered to be such an important part of the criminal justice system. That being said, people are now becoming aware of the misconduct of some police officers. While...
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...More common than not, the horrid implications of the actions of Canadian citizens are overlooked, and their consequences are similarly revoked to an unjust standard. With the lack of punishment as severe as the death penalty, the astonishing number of criminals that walk the streets after serving their short sentences are a risk to not only our current generations, but future justice systems as a whole. In turn, I propose the implementation of the death penalty in the Canadian justice system. The death penalty is a form of punishment one convicted of a serious crime receives which results in the ending of the offender’s life. These executions are primarily conducted through the use of lethal injections or hangings, often leaving the choice to the condemned. Introducing this form of punishment is a necessity for the Canadian justice system. Canada has always taken pride in its “just” society, but is this truly the case? According to dictionary.com “Just” refers to being or behaving accordingly to what is fair. A just society requires the death sentence as the punishment an individual receives for their action must be fair and according to the crime they have committed. In the case of a murder, jail time would not be seen as a fair consequence in comparison to the event the victim was forced to overcome. The only appropriate retribution for the disorderly conduct would be equally taking the offenders life. It is not to say that the death penalty must be used in every conviction...
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...100896803 2015 2015 There are many issues surrounding the content of Bill C-10. This essay will examine issues that affect the criminal code and provide evidence that the Bill is not progressive for Canada to deal with crime and the judicial process. By looking at the issues such as mandatory minimum sentences and the proposition of the bill we will look at the challenges that will be faced and met. The bill also introduces eliminating conditional sentences and eliminates double credit for time already served as well as introduces changes to the Youth Criminal Justice Act to impose harsher sentences for young offenders. This essay will delve into information that will bring the various issues to light. Firstly an explanation of Bill C-10 will be provided to understand what changes will be made to the Criminal code and who it affects. The dissection of the Bill will open the dialogue for this essay for appropriating topical issues with the concept of progress in a manner that reflects the trouble that this Bill brings to Canadian society. Bill C-10 was introduced by the Minister of Justice on the 20th of September 2011. The Act includes the enactment of the Justice for Victims of Terrorism Act and amendments to the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other relevant legal documents (parl.gc.ca). Bill C-10 is also titled...
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...Present: Dickson C.J. and Beetz, Estey, McIntyre, Lamer, Wilson and La Forest JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO Constitutional law -- Charter of Rights -- Life, liberty and security of the person -- Fundamental justice -- Abortion -- Criminal Code prohibiting abortion except where life or health of woman endangered -- Whether or not abortion provisions infringe right to life, liberty and security of the person -- If so, whether or not such infringement in accord with fundamental justice -- Whether or not impugned legislation reasonable and demonstrably justified in a free and democratic society -- Canadian Charter of Rights and Freedoms, ss. 1, 7 -- Criminal Code, R.S.C. 1970, c. C-34, s. 251. Constitutional law -- Jurisdiction -- Superior court powers and inter-delegation -- Whether or not therapeutic abortion committees exercising s. 96 court functions -- Whether or not abortion provisions improperly delegate criminal law powers -- Constitution Act, 1867, ss. 91(27), 96. Constitutional law -- Charter of Rights -- Whether or not Attorney General's right of appeal constitutional -- Costs -- Whether or not prohibition on costs constitutional -- Criminal Code, R.S.C. 1970, c. C-34, ss. 605, 610(3). Criminal law -- Abortion -- Criminal Code prohibiting abortion and procuring of abortion except where life or health of woman endangered -- Whether or not abortion provisions ultra vires Parliament -- Whether or not abortion provisions infringe right to life, liberty...
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...| Law Summative Essay | Does the Canadian System of punishment meet the needs of society? | | Vincent Ng | 5/4/2012 | | The Canadian system of punishment does not meet the needs of society. Our justice system is sentencing criminals very few years in prison for outrageous crimes. Criminals who are sent to prison are actually getting more violent because of the conditions of those prisons. In addition, society gets very upset when sexual offenders are given anonymity or when the most dangerous inmates are given the chance of parole. The Canadian system of punishment is typically going to court and if determined guilty by the court, a sentence will be given by the judge and jail time will follow depending on the severity of the crime. The Canadian system of punishment does not meet the needs of society because of how upset society gets when criminals are sentenced to very few years in prison for the most outrageous crimes (Cowie). “Judges are not supposed to levy the maximum penalty unless it is the worst example of that particular type of offence. While there is nothing to stop a judge from giving the maximum sentence for every offence, most judges fail to see the point of rendering a sentence that is inappropriate or that is destined to be overturned by the higher courts” (McCrimmon). This shows how flawed our Canadian system of punishment is because judges cannot give out deserved sentences that the public feels is right....
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...Wrongful conviction, often referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people...
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...found myself thinking sociologically when I realized that equality in Canada is less practiced as what the Canadian Constitution Act of 1982 claims. In this constitution, it is stated that every individual should be treated equally regardless of their race, ethnicity, colour, religion, sex, age, and any disability; however, in reality, individuals experience inequality in the form of racism throughout the Canadian society. For instance, a few months ago, a black male was asked to leave the St. Laurent shopping centre by the mall securities as the position of his pants were viewed as not family-friendly but this type of fashion is normal for teenagers who are influenced by the hip-hop culture. As the man did not want to cause any trouble, he obeyed the securities but as he was escorted, the securities used unnecessary forces which caused scars and bruises to the individual. Furthermore, the black male was arrested and detained for 3 hours, then fined $65 by the Ottawa Police, and banned from the mall for 5 years. One witness stated that this was a case of racial profiling as she saw that the mall securities had no reason to assault the individual. Although many deny the existence of racism in the Canadian society, this type of inequality still largely exists. To further analyze this topic, articles written by various scholars on racial profiling in the criminal justice system and racism in the workplace in Canada will be compared and contrasted. Moreover, various sociological concepts...
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...me the most was the over representation of Aboriginal people in our Canadian prison system. A shocking statistic that I read was that 2.8% of the Canadian population is Aboriginal but they account for 18% of our federal prison inmates. Aboriginal people have been faced with so many historic inequities such as being forced to move to reserves with almost none of the basic infrastructures needed to run a functioning society. Having their children taken from their families and put in abusive residential schools, being forced to learn and live by a foreign culture and beliefs as well as being faced with racial discrimination and having their rights ignored. Due to the history of injustice and discrimination aboriginal people have experienced higher unemployment rates and lower incomes leading to lives of poverty, substance abuse, and family violence. I think that the residential schools play a big role in the problems some of the Aboriginal people faced because when they took young children who had learned only a small amount of their families cultures and tried to teach them western cultures and beliefs. As well some of the children were sexually traumatized and beaten, which likely caused a lot of confusion and difficulties growing up. In my opinion because of all the injustice in the past there is a huge lack of trust that the aboriginal people have with the Canadian government and our criminal justice system. In 1996 the Royal Commission on Aboriginal Peoples wrote a report...
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...Look at the Supreme Court of Canada's 2012 decision in R v. Ipeelee. Which of the two summaries of the reasons of the Supreme Court justices is most persuasive? R v. Ipelee, 2012 SCC 13 is a complicated lawsuit. This case is about an aboriginal person who was put up without parental guidance involved in criminal offenses in the early years. On the one hand, the six justices of the Supreme Court of Canada know the reality that most of the Aboriginal people are ended up spending time in prison compared to other Canadians. In accession, their opinion was that aboriginal descent lives in an unjust environment since their birth, and the lower court must find out a creative solution when handling with their shells. Further, they alleged the judge must weigh the elements outlined in R. v. Gladue, [ 1999] CanLII 679(SCC),[1999] 1.S.C.R. 688 (Neil Boyd 43). On the other hand, one judge of the Supreme Court of Canada held a different view than the bulk ones. What he said the public safety must be of prime concern than rehabilitation or reintegration of the offender, when sentencing the offender who breached LTSO (Neil Boyd 44). He also said that violation of...
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...The criminal justice system consists of three main parts: 1) the police; 2) the courts; and 3) the corrections. In the criminal justice system, these three groups function together under the rule of law to maintain the law within society. Despite its important role, there is a sufficient amount of evidence that blacks and aboriginal people are over-represented in the criminal justice system. The logic behind this problem is that racial discrimination and profiling is present, or it is the result of the differential offending patterns of the minority. After researching, I believe that aboriginal and blacks are over-represented in the criminal justice system due to racial discrimination and profiling. My reasoning behind this is based on the collected data that supports the fact that racial discrimination and profiling is apparent in the criminal justice system. Racial discrimination and profiling is most associated with the police, and that is strictly because they are the first contact with the suspects, victims, citizens, and the offenders. I also believe that the causes of the problem and the potential solutions are the same for both aboriginal and black people. The only variable that might alter the causes of the problem, and the potential solutions is the location in which the aboriginal and blacks live in. This being said, racial discrimination and profiling are without doubt the primary attributes in the over-representation of aboriginals and blacks in the criminal justice...
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