Under section 15 (1) of the Charter of Rights and Freedoms and Section 3 (e) of the Canadian Multicultural Act, proclaim the rights of residents to be free from discrimination (Griffiths, 2013, 2008). The lack of community relations between the police and the community they serve creates a potential for distrust and misunderstanding by both parties. This sometimes leads to targeting specific people or profiling entire minority groups with criminal activity (Griffiths, 2013, 2008). “Racial Profiling can lead to racial discrimination, which may manifest itself overtly, subconsciously, or systemically” (Griffiths, 2013, p. 299). Research shows that Aboriginal people represent 4% of the Canadian population and 1 in 5 inmates in federal prisons (Griffiths, 2013,…
Herbert Packer has developed two important models of crime deterrence. The first, is referred to as the crime control model, a conservative approach whereby a suspect should be detained or arrested until he or she is proven guilty (Cooper, 2014). The second is referred to as the due process model. According to the basic stipulations of this model, a suspect should be presumed as being innocent until there is adequate evidence to prove that he or she is guilty. This implies that a suspect should not be detained or arrested until the due process of determining his or her involvement in crime is completed. In view of these stipulations, it is evident that the due process model is founded on a liberal approach while the crime control model is founded…
Viewed by many as the most legitimized form of government, Democracy is a form of government for the people by the people. Acting supposedly in the main interests of the majority of its residing population, democracy is meant to accommodate the many. This paper will be examining if that is indeed true with the manner of policing tactics used during the G20 meetings in Toronto in June 2010. Faced with a major challenge of the largest scale protest in Canadian history, police agencies from all over Canada came together to try and keep a democratic level of policing, while maintaining social order and providing security to the international delegates. Leaning more towards the latter, the police did not fulfill the main democratic role set in place for them by the Canadian citizens. The police did act in accordance, for the most part, within Canadian law, but legislation was passed and as well orders given through politicians which ultimately ended with an undemocratic system of policing being implemented during the G20. The police are the face of security within democratic societies, but what went on behind the scenes and the reasons for why certain actions were implemented go far beyond the joint police forces used in Toronto. Political objectives carried heavy weight on the actions of the police which pulled them farther away from performing their democratic duties of protecting the people in their own nation. Examining what democracy is and how the police fit within a democratic country is essential to understanding what occurred during the G20 in Toronto. International pressure, and political factors will be brought to the limelight to show that while police were the main actors in the events that occurred in Toronto, the politicians where the puppeteers ultimately pulling the strings.…
he text, Diversity, Crime, and Justice in Canada edited by Barbara Perry highlights the fundamental knowledge on topics discussed in Canada and its society. The text examines the concept of racial difference. It delves into topics like society and crime, minorities, diversity, inequality, culture and all how all of these subjects intertwine with the criminal justice system in Canada. The specific chapters that will be discussed in this paper are in regards to conceptualizing difference. These chapters examine the ways various racial groups are subjected to similar marginalization, victimization, and criminalization.…
Public citizens and lawmakers scrutinize the decisions and actions of police departments around the world on a daily basis. Some would say this is unfair while others would say it is the nature of what they do that make them so susceptible to inquiry. The amount of authority and power, law enforcement agencies wield, is in direct correlation to the amount of oversight they need from lawmakers. To have the authority to not only arrest individuals, but also legally end the life of a suspect is a monumental power. This power is what makes oversight of the deficient practices of the police departments so important. The National Investigative Commissions in the 1930s and 1960s noted six distinct areas law enforcement agencies around the country are deficient in (Adler, Laufer Mueller, 2010, p. 430). This paper will discuss three of the serious issues in which law enforcement agencies have ignored constitutional due process, abused civil rights, and police been found guilty of brutality to include the use of deadly force. Constitutional Due Process…
The goal of this paper is to prove, using distinctive evidence that the Canadian Criminal Justice System is unfair. This paper argues that many Canadians of different race, religion, and sexual orientation are treated unfair in the Criminal Justice System. It is extremely important to argue that the Canadian Criminal Justice System is unfair because most Canadians are unaware of the vast majority of hate crimes committed by the police. As mentioned previously, the majority of Canadians are overall pleased with the Criminal Justice System, however, they may not be aware of the victims affiliated to the unfairness of the justice system.…
Juries are a fundamental institution within Canadian law and decide a large portion of important cases, changing many lives. Considering that a jury is simply a group of citizens who appeared to be the right fit for jury duty on a list, do we place too much power in their hands? This paper looks at the jury’s power of nullification and why it should or should not continue to be a part of the Canadian justice system and if it should, how can we improve it? Drawing on real cases and scholarly journals this paper will attempt to address some major points on this issue. First of all, what exactly is jury nullification and how is it used in Canadian courts? Also what are the strengths and weaknesses of nullification and how have we seen these in…
In fact, being one of the most institutionalized and widely known forms of authority, there tends to be a great deal of pressure on the criminal justice system. If society does not view the justice system as legitimate, then there is little chance for other, less influential figures of authority to obtain a sense of legitimacy (Hoffman, 1977). Any lack of public cooperation could lead to a decline in structure, order, and compliance. For example, a repercussion to lack of legitimacy is the inclination that citizens have to disobey or even disregard police mandate (Skogan and Frydll, 2003) or court decisions (Tyler, 2003). However, it has been found that legitimacy of the law is more influential in determining offending behavior than the risk of punishment (Tyler, 1990). Essentially, the definition of legitimacy has found that the decision itself is not nearly as important as the discernment process or the means of rehabilitation (Franke, Bierie and MacKenzie,…
These two objectives are important because they ensure a safe community and a fair trial for all. The courts and the police work together to investigate a crime and apprehend the offender while at the same time ensuring that the accused has their due process. These two objectives can collide when the police want to get an offender off the streets and control crime by charging them even though there is not enough evidence for the court to fully convict. The police choose to control crime by removing an offender from the street and into the system even if it is only for a limited time. On the other hand the courts wish that they didn’t have to shift hopeless cases and get to series ones where a criminal has the potential of a conviction. The true way for these two components to work effectively together is to ensure a thru investigation of every…
The American judicial system 's need for an effective strategy to combat crime has been a continuously debated issue. While employing the adversarial models of crime control and due process, America struggles to find balance on a pendulum between individual rights and social order. In this window of opportunity, crime control and due process are examined and reflected into the eyes of society.…
Public debate on rising police costs must be considered in the context of increasing overall public spending in Canada and a more complex society. Policing has evolved beyond just dealing with crime and includes a wider range…
I believe that the United States should be a more crime control country than what we currently are right now as opposed to due process. I think crime control is more beneficial because it focuses more on protecting all of the citizens and their property not only for the sake of the victim but also for the better of the community and society as a whole as well. In my opinion it is more important to protect an entire community than focusing more on the rights of an individual and not so much on catching the criminal.…
Federalism and the constitutional divisions of power play two separate roles within Canada’s legal justice system. To start, federalism governs the country as a whole and deals with some of the countries worst legal cases. The administrative of justice began after confederation in 1867, which gave each province the responsibly of managing their own detention centres, prisons, police forces, minor offences etc..(Niejenhuis, 2011). Having separate divisions of both large and smaller scaled problems is beneficial to the country as it provides higher levels of security and organization for its citizens.…
Access to justice is a fundamental right and principle of democracy and rule of law. Equal access and protection under the law require that individuals have legal representation when before the court in serious matters. This is reinforced by the Charter and the justice system through formal equality. However, the justice system in Canada does not make accessibility easy and is limited, especially in regards to those living in poverty. People living in poverty face many obstacles to accessing the justice system. Primarily financial, social and physical obstacles, which perpetuate and exacerbate their disadvantage (Carmona, 2012). These obstacles deny those who are living in poverty the opportunity to claim their rights or challenge crimes, abuses…
Solutions for serious and popular crimes Almost everyone in American realizes that we have a crime problem. Being a criminal justice major, I will deal with crime my whole career. Cities have the highest crime rate, but small towns shouldn't be overlooked. Crime is like an iceberg, with only the tip of it being what is reported. Some criminals that are reported just serve half of their sentence. Punishment for a serious crime in American needs to be swift and sure, especially for homicides and drug related crimes. Criminals should be presumed guilty instead of innocent till proven guilty. Punishment should be written in stone, and all criminals should know what their punishment will be before they even commit the crime.…