Understanding the Criminal Justice System: Key Stages and

School

Wilfrid Laurier University**We aren't endorsed by this school

Course

CC 101

Subject

Law

Date

Dec 9, 2024

Pages

Uploaded by BaronBoar4846

Module 3 and 4 Study Sheet: Introduction to Criminal Justice System1. Overview of the Criminal Justice ProcessStages of Criminal Cases:1.Investigation: Police gather evidence and determine whether charges should be laid.2.Charging: Crown prosecutors decide based on evidence and public interest.3.Bail Hearing: Determines whether the accused is detained or released before trial.4.Pre-Trial Procedures: Includes disclosure of evidence and preliminary inquiries.5.Trial: Determines guilt or innocence.6.Sentencing: Imposed if the accused is convicted.7.Appeals: Review of decisions for legal errors or new evidence.Key Rights Under the Charter:1.Right to be presumed innocent until proven guilty.2.Right to legal representation and fair trial.3.Protection from unreasonable search and seizure.2. Prosecution and the Court SystemCourt Structure:1.Provincial/Territorial Courts: Handle summary offences and preliminary inquiries.2.Superior Courts: Handle indictable offences, jury trials, and appeals from lower courts.3.Appeal Courts: Address legal errors in trial decisions.4.Supreme Court of Canada: Final appellate body for national issues.Role of Crown Prosecutors:1.Decide on charges, conduct trials, negotiate plea bargains, and argue bail/sentencing.2.Represent society, not individual victims.Trial Types:1.Summary Offences: Judge alone in lower courts.2.Indictable Offences: Can be tried by judge alone or by judge and jury in superiorcourts.3. Trial ProceduresAdversarial System:1.Crown must prove guilt beyond a reasonable doubt.2.Defence challenges evidence and advocates for the accused.Evidence and Witnesses:1.Evidence must be legally obtained and relevant.2.Witnesses are cross-examined for credibility.Verdict:

1.Judge or jury determines guilt based on presented evidence.Appeals:1.Allowed for legal errors, procedural issues, or new evidence.2.Crown can appeal acquittals or lenient sentences.4. Sentencing Principles and GoalsSentencing Objectives:1.Proportionality: Reflect the gravity of the offence and the offender's responsibility.2.Denunciation, Deterrence, and Rehabilitation: Prevent crime, punish appropriately, and reintegrate offenders.3.Separation from Society: Protect public safety.4.Reparation and Responsibility: Address harm and promote accountability.Sentencing Options:1.Discharges (absolute, conditional): No conviction under specific conditions.2.Probation: Supervised release with conditions.3.Fines: Financial penalties.4.Conditional Sentences: Custody served in the community.5.Imprisonment: For more severe offences.Mandatory Minimum Sentences (MMS):1.Required for specific crimes; criticized for reducing judicial discretion.5. Corrections and RehabilitationInstitution Types:1.Minimum Security: Few restrictions, focus on rehabilitation.2.Medium Security: Moderate restrictions and programming.3.Maximum Security: Strict controls for high-risk offenders.Incarcerated Population Profile:1.Typically young, male, single, and poorly educated.2.Disproportionate representation of Indigenous and Black individuals.3.High rates of mental health issues and substance abuse.Correctional Officer Roles:1.Custodial: Enforce rules and maintain order.2.Rehabilitative: Support offender reintegration.Dynamic vs. Static Security:1.Dynamic Security: Interaction-based, proactive.2.Static Security: Fixed barriers and controls.Pains of Imprisonment:1.Loss of freedom, family separation, and stigmatization.6. Probation and Community-Based CorrectionsProbation:1.Most common sentence; involves supervision and conditions.

2.Can accompany or replace custodial sentences.Diversion Programs:1.Alternative to formal court processing.2.Focus on reducing stigmatization and addressing underlying issues.Intensive Supervision Probation (ISP):1.Increased monitoring and treatment for higher-risk offenders.Electronic Monitoring:1.Tracks offenders under community supervision; raises privacy concerns.7. Parole and Conditional ReleaseTypes of Release:1.Temporary Absence: Short leave for specific purposes.2.Day Parole: Gradual reintegration, returning nightly to custody.3.Full Parole: Supervised release for the remainder of the sentence.4.Statutory Release: Automatic release after two-thirds of a sentence (except for life sentences).Parole Board Considerations:1.Risk of reoffending and potential societal benefits of reintegration.2.Release conditions tailored to offender needs and risks.Challenges of Re-Entry:1.Lack of housing, employment, and social support.2.Stigma and mental health issues.8. Special PopulationsIndigenous Offenders:1.Overrepresented; high needs for culturally sensitive programs.2.Gladue principles encourage alternatives to incarceration.Women in Corrections:1.Higher rates of trauma, substance abuse, and health issues.2.Specialized programming for reintegration.Mentally Ill and High-Needs Offenders:1.Face challenges with housing, employment, and supervision.2.Risk of recidivism due to inadequate support.9. Issues in Criminal JusticeWrongful Convictions:1.Causes include faulty eyewitness testimony, coerced confessions, and systemic biases.2.Solutions: Improved forensic methods, legal reforms, and accountability.Public Perception of Justice:1.Media and high-profile cases shape public attitudes toward sentencing and parole.2.Efforts needed to educate the public on the effectiveness of rehabilitation and release programs.

Community Notification:1.Alerts public to high-risk offenders but may hinder reintegration.2.Balances safety with offender privacy rights.Overcrowding in Prisons:1.Linked to longer remand periods, mandatory minimums, and lack of facilities.2.Solutions: Diversion programs, sentencing reforms, and increased resources.