Professional Documents
Culture Documents
Full Download PDF of (Ebook PDF) Exploring Criminal Justice in Canada Second 2nd Edition All Chapter
Full Download PDF of (Ebook PDF) Exploring Criminal Justice in Canada Second 2nd Edition All Chapter
http://ebooksecure.com/product/ebook-pdf-exploring-criminal-
justice-in-canada-second-2nd-edition-2/
http://ebooksecure.com/product/ebook-pdf-criminal-justice-in-
canada-8th-edition/
http://ebooksecure.com/product/ebook-pdf-diversity-crime-and-
justice-in-canada-second-edition-by-barbara-perry/
http://ebooksecure.com/product/ebook-pdf-career-guide-in-
criminal-justice/
(eBook PDF) Criminal Justice in Action: The Core 9th
Edition
http://ebooksecure.com/product/ebook-pdf-criminal-justice-in-
action-the-core-9th-edition/
http://ebooksecure.com/product/ethical-dilemmas-and-decisions-in-
criminal-justice-9th-edition-ebook-pdf/
http://ebooksecure.com/product/original-pdf-ethical-dilemmas-and-
decisions-in-criminal-justice-9th-edition/
http://ebooksecure.com/product/original-pdf-ethical-dilemmas-and-
decisions-in-criminal-justice-10th-edition/
https://ebooksecure.com/download/criminal-justice-in-action-
ebook-pdf/
Contents vii
Sentencing 200
“Troopers” in North West Mounted Police (NWMP) dress costume perform at Fort MacLeod Museum in Alberta (on the
grounds of Fort MacLeod, which was built in 1874. The NWMP became the RCMP in 1904. Why do you think Canadians
(and the RCMP) hold on to these reminders of the RCMP’s history? (Photo credit: wwing/iStockphoto)
Police Organization
and Structure
LEARNING OUTLINE
After reading this chapter, you will be able to
• Describe how Canadian policing evolved from the 1800s to today
• Describe the different urban and rural policing arrangements, and the agencies delivering these services
• Identify some possible reasons for differences in police strength
• Describe the five roles of the police in Canada
PART V
Youth Justice
On 8 July 2019, there were only 26 youth held in custody facilities in all of Atlantic Canada (Davie, 2019). Prior
to the introduction of the Youth Criminal Justice Act in 2003, the number of youth behind bars was much higher; in
2001/2002, the four provinces incarcerated 364 youth (Statistics Canada, 2019a). Why did youth incarceration drop
by more than 90 per cent? A change in legislation in 2003 made it more difficult to place non-violent youth in custody,
and youth crime rates have been decreasing. The drop in youth incarceration has happened throughout the nation,
rud33751_ch04_087-113.indd 87 12/15/19 03:14 PM although in many provinces the unused correctional beds have been filled by adults. (Photo credit: Emma Davie/CBC)
LEARNING OUTLINE
After reading this chapter, you will be able to
• Describe current trends in youth crime
• Identify the differences between the Juvenile Delinquents Act, the Young Offenders Act, and the Youth
Criminal Justice Act
• Provide some reasons why sentences for youth are mitigated
• Describe the differences between open and secure custody
• Identify the pathways to girls’ involvement in crime
180,000
160,000
140,000
120,000
100,000
80,000
60,000
40,000
20,000
0
2001 2003 2005 2007 2009 2011 2013 2015 2017
Year
Sentenced Remanded 270 PART IV Corrections
FIGURE 10.2 The Relationship Between Solitary Confinement and Inmate Assaults, 2010 to 2017
White (2017)
for violence. Yet, Figure 10.2 also suggests that As the Eddie Snowshoe case illustrates, there
how prison staff manage prisoners impacts in- are concerns about the adverse effects of using
stitutional safety. Can you think of factors other segregation to manage an offender’s behaviour.
than placing prisoners in segregation that might Long-term confinement in segregation can in-
increase or decrease prison violence? crease mental health problems such as anxiety and
One of the frustrations of working with pris- depression (Haney, 2018). Prisoners in segregation
oners who might be a decade or longer away sometimes engage in self-harm behaviours such as
slashing from their release is that staff members have slashing themselves with sharp objects or hitting
When a prisoner
few options other than placing disruptive in- their heads against the wall. These incidents tend
engages in
self-harming mates in segregation—which is like a “prison to happen more often in segregation, treatment
behaviour by within a prison.” Inmates in segregation might centres, and maximum security facilities—places
cutting their skin
using metal or only receive a few hours each day outside their the Office of the Correctional Investigator (2013)
plastic objects. cells, which generally consist of a cement-walled has called austere. The Office of the Correctional
room with a metal bunk that is bolted to the Investigator statistics show that there are about
floor and a stainless-steel toilet. three self-injuries per day or over 1,100 incidents
Given the overcrowded, bleak, and some- per year in all the CSC facilities (Zinger, 2017,
times noisy conditions in many facilities, it is p. 11). Women tend to be overrepresented in these
not surprising that most inmates will break the acts of self-harm, and a relatively small number of
institutional rules at some point. Placement in inmates who slash are generally responsible for a
administrative segregation, however, is reserved large proportion of these incidents; these prison-
for prisoners who have engaged in assaults, ers may be at a higher risk of dying by suicide.
threatened others, or breached security. In
2015/2016, almost half of all CSC inmates were Prisoner Advocacy
admitted to segregation at least once; almost In Chapter 9, the role of provincial ombudsmen
three-quarters of male prisoners were returned in advocating for correctional centre inmates was
to the general population within 30 days, while briefly described. Several federal and community-
only 6 per cent of women inmates served more based organizations also advocate on behalf of
than 30 days (Public Safety Canada, 2018, p. 67). federal prisoners. The Correctional Investigator of
Online Chapter
Humboldt Broncos assistant coach Chris Beaudry (shown here in a courtroom sketch) gave a victim impact
statement following the collision that killed sixteen people. What function do victim impact statements serve in
the criminal justice system? (Photo by the Canadian press/Cloudesley Rook-Hobbs)
Victimization
LEARNING OUTLINE
After reading this chapter, you will be able to
• Describe the Canadian populations most at risk of victimization
• Explain the differences between criminology and victimology
• Describe how the lifestyle exposure model can predict victimization
• Provide a definition of a hate crime
• Describe the strengths and limitations of the Canadian Victims Bill of Rights
Exploring Criminal Justice in 4.0 3.8 physically or sexually abused by their spouse during the pre-
3.6
ceding 5 years.” Figure 3 presents the findings from the GSS
3.5 3.2 about self-reported violence and reveals that Newfoundland
region is policed in conjunction with the Royal Canadian that there were no homicides at all in Corner Brook and three 1.0 3.5 3.3
1.0 3.0
Mounted Police (RCMP). For these reasons, as well as others other cities, and the rate for St John’s was 0.97 per 100,000
2.5 2.1
related to political and historical arrangements, Newfound- residents, or about half as many as Cape Breton, Halifax, and 0.5
2.0
land and Labrador has a distinctive context for exploring Saint John. One has to be fairly careful in interpreting these 0 0 0 0 1.5
0.0
criminal justice. results, especially in less populated towns and cities because 1.0
wn
de
on
on
’s
ok
ax
oh
to
hn
0.5
si
ct
et
lif
ro
to
ic
tJ
er
Ha
on
Jo
Br
rB
tte
er
in
m
0.0
M
ed
St
pe
lo
e
Sa
m
rn
ar
Fr
Ca
Su
NL PEI NS NB QC ON MB SK AB BC
Co
Ch
*The ten provincial summaries follow a common template and although the examples presented in this supplement differ from the other nine, some of the content is very similar
or will have identical text. FIGURE 2 Homicide Rates, Largest Cities in Atlantic Canada (per 100,000 FIGURE 3 Victims of Self-Reported Spousal Violence in the Past Five
residents), 2015 Years, per cent, 2014
Source: Adapted from CANSIM Table 252-0075. Source: Adapted from Canadian Centre for Justice Statistics (2016).
A Closer Look
Politics and Crime Control: A 2015 Election Promise
and Legalizing Marijuana in 2018 a vehicle, and whether landlords and homeowner before the law came into effect there was disagree-
Defining the acts that become criminal offences and organizations to capture the public’s mood on this associations can ban smoking (CTV News, 2018). In ment about the constitutionality of the new laws and
the ways we control crime are political issues. The le- issue (Government of Canada, 2018). After consider- addition, many workplaces are also grappling with the fairness of the regulations. As a result, some of
galization of marijuana in 2018 shows how politicians ing that feedback the legislation was introduced and whether employees will be able to use marijuana on the long-term outcomes of the federal law, provincial
can change laws to adapt to a society’s changing be- the bill passed after readings in Parliament and the the job or whether marijuana can be smoked on their regulations, and workplace decisions will be heard
liefs about what is right and wrong. Until the 1960s Senate, with amendments and review at each point. properties, including on university campuses. Even before Supreme Courts well into the future.
few were concerned about marijuana use and only Figure 1.1 provides a timeline of the legislative steps
two per cent of drug arrests between 1946 and 1961 taken to legalize marijuana.
involved marijuana (Carstairs, 2000, p. 112). As its use Although the recreational use of marijuana be- November 2015 Liberals form government
became more popular, so did the number of people came legal on October 17, 2018, new laws restricting
June 2016 Task force to study legalization is formed
arrested for various marijuana-related offences, and access to youth, possession, production, and sales
between 1998 and 2016 there were almost 930,000 were also introduced, and some of those crimes November 2016 Results of the Task Force published
arrests for possession (Statistics Canada, 2018a). could result in five- to 14-year prison sentences. For April 2017 Bill C-45: Legislation introduced (first reading in the House of Commons)
Despite being illegal its use was widespread. A 2017 example, under the new legislation giving or selling
poll revealed that over one-third of Canadians (38 per marijuana to a person under 18 years of age could re- June 2017 The second reading of C-45 in the House of Commons, followed by the
bill being sent to a Committee for review
cent) had used marijuana recreationally (Ispos, 2017, sult in a 14-year-prison term. Kirkey (2018) says these
pp. 1–2). sanctions are harsher than current laws regarding in- November 2017 A report is prepared, followed by the third reading and a vote on the
Legalizing marijuana was a key promise of the toxicants, such as providing liquor to a minor, which amendments based on the report
Liberals in the 2015 election. While they promised can result in a maximum sanction of only one year’s First reading of the bill in the Senate
to quickly introduce new legislation, amending the incarceration in Ontario. As a result, people will still
Controlled Drugs and Substances Act (the legislation be arrested and punished for marijuana-related of- March 2018 Bill C-45 is adopted at its second Senate reading and reffered to a
Committee
that made marijuana use illegal) was complicated fences. It will take several years before we have a bet-
as changes also had to be made to the Criminal Code ter understanding of the impact of these new laws June 2018 Committee recommendations for amendments are sent to the House of
and 12 other acts, ranging from the Criminal Records and it is likely some marijuana users and sellers may Commons, which accepts the amendments
Act to the Canadian Victims Bill of Rights. Changes in be punished more severely than we imagine. Senate passes the amended legislation
criminal justice legislation also impact the opera- While recreational marijuana use was legalized
tions of provincial and municipal governments, as there are differences in how the provinces regulate Bill receives royal assent by the Governor General
they are often forced to change their crime preven- the drug. These provincial regulations define where October 2018 Law takes effect
tion and enforcement activities to reflect legislative marijuana can be sold, the minimum age limit for use
February 2019 Government waives application fees and removes the waiting period for
changes, and sometimes those changes are costly. (18 years old in Alberta and Quebec, 19 years of age in
individuals convicted of marijuana possession and applying for a record
Prior to introducing the bill to legalize marijuana, the the other provinces), the legality of growing marijuana suspension (formerly known as pardons)
Liberal government formed a task force that received at home (which Manitoba and Quebec have banned),
submissions from more than 30,000 individuals and whether marijuana can be smoked in public or in FIGURE 1.1 Timeline of the Progress of Bill C-45 Through Parliament
General Social
Survey (GSS)
including the type of court where the hearing will THE STRUCTURE OF THE An annual
survey of
be held and whether the individual has the right see on television, and some of that information Police
to a jury trial. The maximum sentence that can be
CRIMINAL JUSTICE SYSTEM is incorrect—for example, it is often based on US
Canadians that
is conducted
imposed on someone found guilty of a summary There are three components of the justice system: examples—or has been simplified, such as a com- The police are the most visible component of the by Statistics
Canada about a
offence is also limited to a maximum fine of $5,000 police, courts, and corrections. The three parts plicated law explained in a 60-second news seg- justice system, and they are the officials we are range of social
and/or six months in jail (although there are ex- are interrelated but also somewhat independent ment. This section provides a basic foundation of most likely to encounter. Information from the trends, with each
annual survey
ceptions for some sexual offences). These issues are of each other. For the most part, our knowledge of the structure of the criminal justice system that 2014 General Social Survey (GSS) on Victimiza- addressing one
described in more depth in Chapter 7. the Canadian justice system is based on what we will be expanded on in the chapters that follow. tion, which is a survey of Canadians conducted theme in depth.
1 An Introduction to Crime and Justice 21
A critical, diverse, and practical box program maintained and updated for this new edition
Six different types of boxes in each chapter highlight influential cases, important concepts and events, issues related
to diversity, differences in criminal justice practices, myths and commonly held beliefs about the justice system, and
various careers in the field.
CASE STUDY
“Case Study” boxes start each chapter with a vignette that outlines a famous or controversial real-world case
related to the chapter content and accompanied by critical thinking questions.
Donald Marshall Jr 2 Open Courts, Publication Bans, and Privacy: The
Do White-Collar Criminals Deserve Harsher Rehtaeh Parsons Case 173
Sentences? 30 What is the Correct Punishment for Bad Driving
Vigilante Justice, Drunk Driving, and the Long Road to Causing Serious Injuries or Death? 201
the Supreme Court of Canada 60 A High-Risk Probationer Murders Three Ontario
Investigating Crimes 88 Women 229
A Family’s 10-Year Struggle to Understand their A Federal Prisoner Commits Suicide After Falling
Daughter’s Murder 115 Through the Cracks in the System 258
Representing Oneself in Court: The Case of Dellen Youth Involved in Homicide 288
Millard 144 Self-Driving Vehicles and the Justice System 318
A Closer Look
“A Closer Look” boxes provide an in-depth look at important topics, including rural crime, policing, and
victimization.
Politics and Crime Control: A 2015 Election Promise Landmark Supreme Court Cases: Top 10 Criminal Law
and Legalizing Marijuana in 2018 8 Cases in Canada 152
Auto Theft 37 Rural Courts and Access to Justice 188
How to Calculate a Crime Rate per 100,000 Bail: The Decision to Detain or Release 190
Residents 45 Battered Woman Syndrome in Homicide Cases:
Rural Crime 54 Unanticipated Outcomes 210
Does the Punishment Fit the Crime? 67 Sentence Calculation in Provincial and Territorial
The CSI Effect 76 Correctional Centres 218
Robert Peel’s Nine Principles of Policing 95 Correctional Training 253
Police Responses to the Lac-Mégantic Train Assessing Risks and Needs 266
Disaster 109 Record Suspensions 282
Becoming a Police Officer in Canada 124 Adolescent Brain Development and Crime 294
Understanding Legal Citation 146 Using PESTEL to Scan the Environment 322
Publisher’s Preface xv
A COMPARATIVE VIEW
“A Comparative View” boxes explore interprovincial and global variation in criminal justice practices and
outcomes.
Wrongful Convictions 24 Cross-National Differences in the Rule of Law 192
Interprovincial Variation in the Crime Severity Prison Waiting Lists 207
Index 46 Offender Rehabilitation versus Surveillance in Canada
Rates of Imprisonment 73 and the United States 237
Police Strength: Canada’s Place in the World 101 Prison Murders 271
Use of Lethal Force in Canada Minimum Ages of Criminal Responsibility 298
and the United States 128 The Future of Urban and Rural Justice Systems 338
Canadian and US Court Operations 164
MYTH OR REALITY
“Myth or Reality” boxes address commonly held beliefs about the justice system and explore the evidence to
support or refute those beliefs.
Crime, Justice, and Offenders: Myths and Is Plea Bargaining Really a Pact with the Devil? 224
the Media 26 You Don’t Need Theory to Understand How the Jus-
Stranger Danger 34 tice System Operates 239
Do Tough Punishments Deter Crime? 83 Parole Is “Soft” on Prisoners 273
Most Police Duties Are Related Indigenous Youth: Factors in Criminality 309
to Fighting Crime 110 Will Future Justice Policies Be Driven by
Dangers of Police Work 139 Revolutionary Change? 341
Equality before the Law 168
The Independence of Prosecutorial Discretion
and the Robert Latimer Case 195
xvi Publisher’s Preface
Career SNAPSHOT
“Career Snapshot” boxes—written by professionals working in the Canadian criminal justice system—offer
students insight into the types of jobs available, different pathways to starting a career, and potential career
challenges and opportunities.
Victim Advocacy—Heidi Illingworth, Federal Crown Prosecutor—Omar Siddiqui, Crown Counsel,
Ombudsman for Victims of Crime 27 Manitoba Justice 197
Crime Analysis—Amy Balfour, Manager, Strategic Probation Officer—Elizabeth Engel, Probation Officer,
Services, Regina Police Service 56 Regina Adult Community Corrections 225
Regional Communications Officer—Kerry Gatien, Correctional Officer—Jennifer Wolfreys,
Regional Communications Officer, Parole Correctional Officer II and Acting Parole Officer,
Board of Canada 85 Bath Institution, Ontario 254
Search and Rescue Preparedness Officer—Marina Community Parole Officer—Tara Tomasi, Community
Carbonell, Inshore Rescue Boat Coordinator, Parole Officer, Correctional Service of Canada 284
Canadian Coast Guard 112 Facility Youth Worker—Catherine Wimmer,
Police Officer—Rick Abbott, Sergeant, Edmonton Correctional Service Worker II, Calgary Young
Police Service 140 Offender Centre 314
Criminal Defence Lawyer—Jordana H. Goldlist, Owner, Conservation Officers—David Bakica, District
JHG Criminal Law 170 Conservation Officer, Environment Yukon 343
Publisher’s Preface xvii
For Everyone
In addition to the chapter on Victimization and the provincial briefs listed above, the following online materials are
available to further enhance the learning and teaching experiences:
• a list of celebrated cases of crime in Canada that covers the most high-profile and dramatic cases in Canadian history;
• a timeline of milestones in Canadian policing traces moments of historical importance in policing in Canada; and
• a short narrative titled “Surviving a Life Sentence of Imprisonment One Day at a Time,” which is based on an inter-
view the author conducted with an individual sentenced to life imprisonment, provides a more personal look at
what life is like in the prison system.
For Instructors
The following instructor’s resources are available to qualifying adopters. Please contact your OUP sales representative
for more information.
• A comprehensive instructor’s manual provides an extensive set of pedagogical tools and suggestions for every
chapter, including overviews, suggested class activities and debates, and links to relevant videos and online teach-
ing aids with discussion questions for each resource.
• Classroom-ready PowerPoint slides summarize key points from each chapter and incorporate graphics and tables
drawn straight from the textbook.
• An extensive test generator enables instructors to sort, edit, import, and distribute hundreds of questions in multi-
ple-choice, true or false, and short-answer formats.
• Invaluable supplemental packets of information are available for each province and provide details on key top-
ics—such as police departments, courts, offenders, crimes, and miscarriages of justice—offering useful insights and
facts for use in preparing class lectures and assignments.
For Students
• The student study guide includes chapter overviews, learning objectives, key terms, self-grading quizzes, as well as
annotated lists of recommended readings and websites to help students enhance their knowledge of the concepts
presented in each chapter.
www.oup.com/he/Ruddell2e
Preface
Introductory classes can be difficult for students and instructors because there is so much content that
needs to be covered in a relatively short period of time. This challenge is further complicated in criminal
justice courses because Canada’s justice system is becoming increasingly complex, and the provinces
and territories often have somewhat different priorities and approaches to each of their responses to
crime presented in the chapters that follow. After teaching many introductory criminal justice courses
over the years I found that students often expressed frustration about their textbooks as many of them
have become so lengthy that it is almost impossible to cover the content in one semester. There are
sometimes so many examples of police, court, and correctional operations that readers can become
overwhelmed with details instead of focusing on the key issues. In order to focus on these key issues
this book provides a streamlined overview of Canada’s justice system using a “back to basics” approach.
While some have said that “the devil is in the details,” that content can be explored in your upper level
courses.
One of the goals in writing this book was to present only the basic information that students need in
order to have a working knowledge of Canada’s justice system. As a result, a number of factors differen-
tiate this overview of Canada’s justice system from other textbooks, including a focus on issues related
to Race, Class, and Gender in each chapter and how those factors influence both crime and the search
for justice. In addition, each chapter contains a boxed feature titled Myth or Reality, where our ideas
about the justice system are challenged and presented in a Canadian context. This is important as many
of our ideas about the police, courts, and correctional systems come from our exposure to the US news
and entertainment media. This is an ongoing challenge for instructors as Canada’s justice system is very
different from the US system, and our responses to crime are also distinctively different. As a result, this
book focuses on providing a wide variety of Canadian examples, although there are comparative sec-
tions in each chapter that contrast Canadian criminal justice practices against those in other nations.
Last, each chapter contains a contribution from a criminal justice practitioner who shares information
about his or her work experiences, career pathways, and providing practical advice to students consid-
ering careers in the justice system.
ACKNOWLEDGEMENTS
Although the author’s name is the only name that appears on the cover, it takes dozens of people to
transform an idea to the finished book you are reading. The first edition took three years from the time
when the book was first proposed until the first copy was printed; the second edition was in develop-
ment for over a year. During that time, I had the opportunity to work with a great team of professionals
starting with Amy Gordon, development editor, who helped me through the process of responding to
the reviewer’s comments, and making thoughtful revisions to the content so the book was easier to read.
I also thank the editorial team at Oxford, including Jess Shulman and Steven Hall. Their hard work
made the book more visually appealing, structured, and easier to read, and their attention to detail is
very much appreciated.
Six reviewers critiqued the first edition of the book and made a number of recommendations to
strengthen the work, including Lorree Bogden (Douglas College), Stephen Dumas (University of Cal-
gary), Tamari Kitossa (Brock University), Lisa Monchalin (Kwantlen Polytechnic University), Kim
xx Preface and Acknowledgments
Polowek (University of the Fraser Valley), and John Winterdyk (Mount Royal University). Several law-
yers helped me with the law and courts chapters in both editions, including Heather Nord (University of
Regina), Heather Donkers (Robichaud’s Criminal Defence Litigation), and Sarah Burningham (Univer-
sity of Saskatchewan). I also thank the scholars who provided reviews for the second edition, including
Annmarie Barnes (Nipissing University), Sheri Fabian (Simon Fraser University), Greg Flynn (McMas-
ter University), Carolyn Gordon (University of Ottawa), Hannele Jantti (Douglas College), Darrell Kean
(Langara College), Leslie Anne Keown (Carleton University), Kristen Kramar (University of Calgary),
Keiron McConnell (Kwantlen Polytechnic University), Lisa Monchalin (Kwantlen Polytechnic Univer-
sity), Jane Lothian Murray (University of Winnipeg), Ritesh Narayan (Mount Royal Univeristy), Wil-
liam Russell (Seneca College), and Kendra Waugh (Vancouver Island University), as well as those who
chose to remain anonymous. One of the challenges in writing the second edition was accepting as many
of their suggestions as possible without adding to the page count.
I thank the contributors who graciously commented about their career experiences and provided
insight about obtaining jobs in the justice system. My hope is that their comments give readers ideas
about potential careers they had not considered.
I offer special thanks to wife Renu who has the patience of a saint, a trait that was frequently tested
during the last months of the revisions. Thanks also to my colleagues at the University of Regina, includ-
ing Sarah Britto, Gloria DeSantis, Hirsch Greenberg, Nick Jones, James Gacek, Muhammad A sadullah,
and Heather Nord for their ongoing support and encouragement. I am also grateful for the ongoing
support of my friends and family: although the time spent with them is often too short, they are always
in my thoughts.
Last, all Canadians owe a special thanks to the workers who respond to antisocial behaviour, crime,
and victimization throughout Canada. We do not always appreciate the efforts of these individuals, and
they quietly go about their jobs in safeguarding us—often at great personal risk and with little formal
acknowledgement.
PART I
Foundations
The interior of the Supreme Court of Canada is adorned by the Canadian coat of arms, which includes symbols
of England and France. How does the Canadian criminal justice system reflect the influence of both of these
countries? (Photo credit: peterspiro/istockphoto)
An Introduction to
Crime and Justice
LEARNING OUTLINE
After reading this chapter, you will be able to
• Describe the different ways of defining and classifying crime
• Describe the three components of the justice system
• Describe the reasons why the number of people in the “criminal justice funnel” decreases before the
harshest punishments are imposed
• Describe five main goals of the criminal justice system
• Explain the differences between the crime control model and the due process model
• Explain why wrongful convictions damage the public’s confidence in the criminal justice system
CASE STUDY
Donald Marshall Jr
Donald Marshall Jr., a 17-year-old Indigenous youth Like many others who served lengthy prison terms
from Nova Scotia, was convicted in the 1971 mur- after being wrongfully convicted of an offence, Donald
der of Sandy Seale, a 17-year-old A frican-Canadian. Marshall had to overcome the stigma of his conviction
Marshall served 11 years of a life sentence in prison and the impact of living 11 years behind bars knowing
before his conviction was overturned and he was he was innocent. Given these experiences, his return
acquitted by the Nova Scotia Court of Appeal. The to the community was difficult. Marshall was unable to
Royal Commission on the Donald Marshall, Jr., Pros- hold a permanent job and he was involved in some vio-
ecution (1989) found that one of the factors that led lent altercations resulting in further court appearances
to M
arshall’s wrongful conviction was that he was of (Armstrong, 2018). Despite those troubles, Marshall was
Indigenous ancestry. Other factors that resulted in well-regarded for his efforts in educating youth about
his conviction included a shoddy investigation com- wrongful convictions and he was also involved in a Su-
pleted by the police, witnesses who lied in court, preme Court case that upheld hunting rights for Indig-
poor representation by his lawyers, and errors enous people. Donald Marshall suffered from chronic
made by the judge. health problems and he died at only 55 years of age.
Critical Questions
1. Marshall received $225,000 in compensation accountable for compensating the wrongfully
plus interest ($158,000) for the 11 years he convicted?
served in prison (Ontario Ministry of the 2. Why would the race or ethnicity of Seale and
Attorney General, 2015) and a lifetime monthly Marshall influence the outcome of this case?
pension from the Nova Scotia government, and 3. How do our own biases and stereotypes influence
all together this compensation totalled more the way we interact with others in our personal
than $1 million. Why should taxpayers be held and professional lives?
determine how the justice system ought to punish Code offences, at some point in our lives most of us
wrongdoers: For example, should youth under 18 have been victims of crime—although most of our
years of age be treated differently than young adults experiences have been with relatively minor of-
or people with mental health problems? If we im- fences such as property crimes. Although workers
prison criminals, who is going to pay for their in- in justice systems do not usually consider a minor
carceration, and who decides when prisoners will theft to be a very serious offence, these acts can have
be returned to the community? These are not new a big impact on an individual’s life; for example,
questions and these topics have been asked and if someone stole your backpack containing your
debated for centuries by politicians, religious lead- university textbooks and course notes, it would be
ers, philosophers, workers in justice systems, and costly and time-consuming to replace those items.
ordinary people. A simple answer to all of those Even what we consider to be minor violent offences
issues is that if easy solutions to controlling crime can have a significant impact on a victim, and acts
existed, we would have found them by now. of bullying can have lifelong effects on an individ-
When considering issues related to crime and ual’s loss of confidence. As a result, we have to look
justice, many people automatically think of seri- beyond the harm of a physical injury and consider
ous offences such as assaults causing bodily harm, the range of emotional and behavioural impacts on
robberies, and homicides. Although these acts are an individual. For instance, survivors of assaults
relatively rare, they are reported as the lead stories may live in fear, and their ability to form positive
on internet home pages, on television, and on the relationships with others may be affected. In rec-
front pages of newspapers. When asked about se- ognition of the impact of crime on individuals, the
rious crime, many Canadians believe that crime number of victim services programs—often oper-
rates are increasing, despite the fact that govern- ated by police services—has greatly increased in
ment statistics have repeatedly shown that there the past few decades (Allen, 2014; Department of
are fewer victims of violence today than there Justice Canada, 2019).
were two decades ago. Most of our knowledge In the chapters that follow, readers will de-
about crime and justice has been shaped by the velop a much broader understanding of the crim-
media—and most crime stories reported by the inal justice system in Canada. In doing so, we will
media are about serious offences. In many cases, be forced to confront our own ideas about crime,
media reports come from the United States; how- the experiences of victims and offenders, and the
ever, there are considerable differences between roles of justice system workers. In some cases, our
the crime rates and the responses to crime in ideas about responding to crime might challenge
America and in Canada. As a result, we are some- our notions of “common sense”—for instance, we
times confused about the volume and seriousness might consider the decision to not place low-risk
of crime that occurs in Canada and about how our inmates in correctional treatments or the fact that
justice system responds to criminal acts. more lives can be saved through traffic enforce-
With respect to types of crime, Canadians are ment than through traditional policing. Another
more likely to encounter antisocial behaviour, goal of this book is to move beyond the task of antisocial
behaviour
which is objectionable conduct such as noisy simply identifying problems (which is relatively
Conduct
people loitering in groups or individuals who are easy to do) and examine a number of promising that can be
drunk, rude, or rowdy in public, and these acts can strategies that have been shown to prevent crime, disruptive and
reduce our
reduce the quality of our lives. For the most part, streamline the operations of the justice system, or quality of life,
these behaviours are infractions of local bylaws or reduce the likelihood of criminals reoffending. but might not
be considered a
are minor Criminal Code offences such as causing a In order to put these issues into context, this criminal act.
disturbance, and while individuals can be arrested chapter provides a brief description of crime,
for this conduct, the police often respond to these describes the different components of Canada’s
behaviours with warnings. In terms of Criminal criminal justice system, explains how people
4 PART I Foundations
accused of crimes flow through the justice system, legal systems. These arrangements involved the
highlights the goals of the justice system, and ex- military, clergy, monarchy, organizations that po-
amines two ways of looking at our responses to liced for profit, and different levels of government.
crime using the crime control and due process Every society has developed its own methods of
models. Throughout the following sections, atten- ensuring that individuals conform to an accepted
tion will be paid to the role of the media in shap- way of doing things that most people agree with:
ing our ideas about crime and justice, and how these standards of acceptable behaviour are called
our beliefs influence the operations of the justice norms. In Canada, the laws that evolved were
system. based on patterns of settlement from different im-
migrant groups, and the colonists brought with
them the laws they were familiar with from their
CRIME AND LAW homelands. As a result, there were some differ-
Acts that are considered to be crimes in Canada ences between Indigenous laws, which differed
are defined by the Criminal Code. Decisions about by Nation and across the continent; early legal
what acts are defined as crimes are the result of systems in what would become Quebec, which
political and legal decisions, and there is not al- was settled by the French; and early legal systems
ways agreement on what acts should be labelled adopted in what would become Atlantic Canada
as crimes. There has been debate for centuries and Ontario, by settlers who were primarily from
over what are the best responses to control acts England.
defined as crimes. According to the Department Prostitution, for example, has been called the
of Justice (2015b), laws are rules that forbid some world’s oldest profession. Although most societies
behaviours and are enforced by the courts in or- have tried to control whether an individual can sell
der to reduce fear, chaos, and disorder, as well as sex, these efforts have failed because of the num-
provide a way to resolve conflicts. Hundreds of ber of willing customers and the number of people
years ago when people lived in small communities who will sell sexual services. In December 2013,
there was less need for formal ways of regulating the Supreme Court of Canada ruled that existing
behaviour. Most people conformed through in- prostitution laws were not constitutional, because
informal social formal social control, which refers to the actions they placed sex workers at risk of victimization.
control When
and opinions of one’s parents, peers, neighbours, In the Canada (Attorney General) v Bedford (2013)
people conform
to the law and and community members—such as their dis- decision, the chief justice stated that “Parliament
other social approval—that influence our behaviour (e.g., a has the power to regulate against nuisances, but
norms because
of the actions friend tells you not to drive after drinking). These not at the cost of the health, safety and lives of
and opinions informal methods, however, broke down when prostitutes,” and “it is not a crime in Canada to
of other
individuals, people settled into larger communities and no sell sex for money.”
such as praise or longer knew their neighbours. Balko (2013, p. xi) In striking down Canada’s existing prostitu-
disapproval.
points out that “once neighbors stopped speaking tion law in 2013, the Supreme Court gave Parlia-
norms
Standards of
the same language and worshipping in the same ment one year to enact new laws. Although the
acceptable buildings, shunning and social stigmatization lost existing law was considered unconstitutional, it
behaviour their effectiveness.” remained “on the books” for one year, meaning
that are based
on tradition, As the strength of informal social control de- that individuals purchasing sex could still be ar-
customs, and creased, more formal approaches to responding rested. Most police services did not enforce these
values.
to antisocial behaviour and crime evolved. The laws, because they believed that prosecutors would
methods of preventing and responding to crime not bring those cases to court. This example shows
that emerged were dependent on a nation’s his- how changes in one part of the justice system (the
tory, religious influences, culture, political struc- courts) can influence practices in other compo-
tures (including the influence of royalty), and nents (police and corrections). In December 2014,
Another random document with
no related content on Scribd:
toute sorte que la Prusse rencontra jusqu’à la dernière heure [34] .
C’est une curieuse page d’histoire et qui mérite d’être connue chez
nous.
[34] Die Kæmpfe um Reichsverfassung und
Kaiserthum 1870-71, von Dr Wilhelm Busch, Tübingen,
1906.
I
LES ANNÉES D’APPRENTISSAGE.