POLSCI 2C03 Study Guide - Fall 2018, Comprehensive Midterm Notes - Proactive Policing, Ipperwash Crisis, Ford Focus
12 Oct 2018
School
Department
Course
Professor
POLSCI 2C03
MIDTERM EXAM
STUDY GUIDE
Fall 2018
POLSCI 2C03:Force and Fear, Crime and Punishment
Kezia Mathew
September 4&6, 2018
POLI SCI 2C03 → Week 1
● Force and Fear → Foundations of the criminal justice system
○ Substantive and procedural aspects
■ What is wrongful conduct or conduct sought to be controlled
■ How does the state achieve control
● Three related themes (may appear on the EXAM)
○ Privatization of justice system
■ It takes public resources and public labour and puts it in the hands of the private to benefit
○ Unintended consequences of Law and Order policy Choices
■ When we don't have enough evidence to prove the accusations and and showcase them as guilty
■ This lets many people walk free, though they have committed crimes
○ Targeting of specific communities
■ Ex. in the USA the police were trying to lower the use of crack cocaine in comparison to powder
cocaine
● Crack cocaine was relatively cheaper, whereas powder cocaine was more on the high end
for people who can afford it
○ What was the difference bw the two → not much
● But the police were after targeting low communities (lower class)
○ In specific, in the USA (w/out conforming to the stereotype) the government
was after gangs (in particular, african american gang members)
○ Choices the state makes in enforcing its rules → this has ramifications
Foundations of the Canadian Criminal Justice System
Constitutional Monarchy → since 1953
● Queen has been the head of state
○ This is a ceremonial position
○ The Governor General is more in the position of ‘head of state’, she has the last say on decisions
● Many cases are brought in with the Queen’s name on it
○ It is presented by saying it is on behalf of the queen
■ That is why we have R vs
■ Or regina vs the constitution
● Crown attorneys are known as crown attorney’s because they represent the queen in
court
○ Their authority comes from the queen
■ The federal gov’t has the power to make laws under section 91
■ The provinces have the authority to make laws and changes under section 92
■ This is different from the USA, as each state has different laws, whereas the provinces are
regulated under the federal law
○ Administration of JUstice
■ The ones who appoint you into which court you will appear in
The courts and the Justice System
● Provincially appointed courts
● Federally appointed courts
○ Trial courts
○ Appeal courts
● Hierarchical Structure
find more resources at oneclass.com
find more resources at oneclass.com
POLSCI 2C03:Force and Fear, Crime and Punishment
Kezia Mathew
September 4&6, 2018
Judicial Hierarchy in Canada
JCPC
● Authority to deal with the appeals from colonies to the JCPC
Federally Appointed Courts
● Deals preliminarily w/ criminal law offences
● Criminal law offences
Court of Appeal
● Can only hear trials from appeal courts
Federal C.A.
●
The Charter of Rights and Freedoms
● Constitution of 1982
● A series of rights and limit the ability of the state in relation to us
○ Does not give us rights, but instead limit the government from taking certain actions against us
● All of these rights are subject to the notwithstanding clause
Stages of the Criminal Justice System Process
1. conduct/ activity deemed/ defined as criminal
a. Ilegal vs irregular
b. How we define situations to be unlawful
2. conduct/ activity committed
a. Someone's commits the crime
b. The court has to prove this
3. Conduct reported → police investigate
4. Charges laid
a. Usually the police lay charges
b. In the USA it’s a bit different
5. First appearance (bail recognizable)
a. You do not plea at this point in time
i. It may take 6-8 weeks to be proven as guilty or innocent
b. If the state has reason to believe that you are in fact guilty or that you will not appear to court on your
own then they will make sure that you attend by making someone liable for your presence → this is
to ensure that you do in fact show up
c. People who are guilty or who are not able to pay the sum of the charges laid are more likely to not show up
6. Preliminary Hearing
a. Assuming that this stage does happen and the crown is successful you move on to the next stage
7. Trial
a. Crown leads evidence and the district attorney does as well after
b. If the parties are not able to prove the persons guilty then the case ends if they are able to prove their gult
you move on to the next stage
8. Sentencing
a. Hear is where you take in the personal factors of the individual to give a proper and appropriate sentencing
b. You hear the witness statements and judge based on the individual's past and the extent of the crime
committed
9. Punishment
a. Either going to jail
b. Or pay a fine
10. Post-punishment
a. Not so much in canada but its basically a criminal record , even if you aren't incarcerated or not
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Force and fear foundations of the criminal justice system. What is wrongful conduct or conduct sought to be controlled. Three related themes (may appear on the exam) It takes public resources and public labour and puts it in the hands of the private to benefit. Unintended consequences of law and order policy choices. When we don"t have enough evidence to prove the accusations and and showcase them as guilty. This lets many people walk free, though they have committed crimes. Ex. in the usa the police were trying to lower the use of crack cocaine in comparison to powder cocaine. Crack cocaine was relatively cheaper, whereas powder cocaine was more on the high end for people who can afford it. What was the difference bw the two not much. But the police were after targeting low communities (lower class) In specific, in the usa (w/out conforming to the stereotype) the government was after gangs (in particular, african american gang members)
