Deck 2: The Structure and Process of Criminal Justice
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Deck 2: The Structure and Process of Criminal Justice
1
The federal Department of Justice is responsible for law reform and criminal justice policy.
True
2
Disparity in decision making in the criminal justice system is due, in large measure, to the considerable discretion available to criminal justice personnel.
True
3
The federal government has the absolute power to create, amend, and repeal criminal law for the entire country.
True
4
Most of the decisions of criminal justice decision makers are based on scientific formulas.
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5
Aboriginal individuals are overrepresented at all stages of the criminal justice system.
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6
Everyone who works in the criminal justice system is a government employee.
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7
Crown attorneys are typically protected from being required to testify in court.
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8
Criminal justice expenditures have increased over the past 10 years.
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9
There are few obstacles to the sharing of information among criminal justice agencies.
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10
Policing costs Canadians more than $13 billion per year.
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11
Criminal justice is the scientific study of crime and criminal behaviour.
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12
Housing a male maximum security inmate costs more than $100,000 per year.
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13
The terms criminology and criminal justice can be used interchangeably, since they are different terms with a shared definition.
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14
A key focus in criminology is on the potential causes of crime.
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15
Both federal and provincial/territorial judges are subject to review by the Canadian Judicial Council.
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16
Researchers agree that criminal justice should be considered a sub-field of criminology.
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17
Recent trends support increased accountability on the part of the criminal justice system.
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18
The term "penal populism" relates to correctional policies rooted in strong support from an informed public.
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19
Police officers are generally immune from criminal prosecution.
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20
Research shows that for deterrence to be effective, punishment must be certain and applied in a timely fashion.
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21
Which of the following spells out the division of responsibilities for criminal justice between the federal and provincial governments?
A) the Criminal Justice Act
B) the Constitution Act (1867)
C) the Charter of Rights and Freedoms
D) the Criminal Code
A) the Criminal Justice Act
B) the Constitution Act (1867)
C) the Charter of Rights and Freedoms
D) the Criminal Code
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22
In Canada, which of the following holds the power and responsibility for creating, amending, and repealing the criminal law?
A) the federal government
B) the provincial/territorial governments
C) the municipal governments
D) special committees comprising all three levels of government
A) the federal government
B) the provincial/territorial governments
C) the municipal governments
D) special committees comprising all three levels of government
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23
Which statement is most accurate with respect to municipal governments in Canada?
A) They have no involvement in the administration of justice.
B) They do not have the authority to impose fines.
C) They can enact bylaws that are valid within the city limits.
D) They enact bylaws that can encroach on the jurisdiction of other levels of government.
A) They have no involvement in the administration of justice.
B) They do not have the authority to impose fines.
C) They can enact bylaws that are valid within the city limits.
D) They enact bylaws that can encroach on the jurisdiction of other levels of government.
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24
Which of the following is NOT identified as a factor preventing criminal justice agencies and personnel from operating as a "system"?
A) multiple mandates
B) obstacles to information sharing
C) the diversity and complexity of the justice system
D) the inability to explain criminal behaviour
A) multiple mandates
B) obstacles to information sharing
C) the diversity and complexity of the justice system
D) the inability to explain criminal behaviour
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25
Which orientation to criminal justice prioritizes the legal rights of individual citizens, including crime suspects?
A) due process orientation
B) crime control orientation
C) legalistic orientation
D) social welfare orientation
A) due process orientation
B) crime control orientation
C) legalistic orientation
D) social welfare orientation
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26
Which of the following describes the exercise of discretion by criminal justice personnel?
A) It is prohibited by the Canadian Charter of Rights and Freedoms.
B) It is a key feature of the Canadian criminal justice system.
C) It is present only at the policing stage of the criminal justice system.
D) It is necessary to ensure uniformity in the decisions that are made about offenders.
A) It is prohibited by the Canadian Charter of Rights and Freedoms.
B) It is a key feature of the Canadian criminal justice system.
C) It is present only at the policing stage of the criminal justice system.
D) It is necessary to ensure uniformity in the decisions that are made about offenders.
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27
Which of the following is a responsibility of the federal government?
A) appointing every judge throughout Canada
B) making every conditional release decision throughout Canada
C) operating a national police force
D) housing every offender sentenced to a term of imprisonment
A) appointing every judge throughout Canada
B) making every conditional release decision throughout Canada
C) operating a national police force
D) housing every offender sentenced to a term of imprisonment
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28
Common-law rules for criminal prosecutions have been enshrined in the Charter of Rights and Freedoms. Which of the following is NOT a principle found in the Charter?
A) presumption of innocence
B) attempts are crimes
C) insanity
D) the defence bears the burden of proof
A) presumption of innocence
B) attempts are crimes
C) insanity
D) the defence bears the burden of proof
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29
When given the same information on a case involving a 22-year-old Aboriginal man charged with common assault, one judge orders probation whereas another judge orders a term of imprisonment for two years less a day. Which of the following best describes this scenario?
A) sentencing disparity
B) sentencing distinction
C) offence discrimination
D) offender discrimination
A) sentencing disparity
B) sentencing distinction
C) offence discrimination
D) offender discrimination
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30
Diane is a police officer with conservative political values who believes in the protection of victim rights over those of alleged offenders. Which of the following models aligns most clearly with these beliefs?
A) the crime control model
B) the due process model
C) the adversarial model
D) the inquisitorial model
A) the crime control model
B) the due process model
C) the adversarial model
D) the inquisitorial model
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31
Luke is a criminal defense attorney with liberal political values who believes in procedural fairness and protecting the rights of all involved in a criminal incident (including alleged offenders). Which of the following models aligns most clearly with these beliefs?
A) the crime control model
B) the due process model
C) the adversarial model
D) the inquisitorial model
A) the crime control model
B) the due process model
C) the adversarial model
D) the inquisitorial model
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32
Which of the following is NOT a research topic commonality shared by criminology and criminal justice?
A) crime patterns and trends
B) the formulation and application of law
C) possible causes of crime
D) law and legislation
A) crime patterns and trends
B) the formulation and application of law
C) possible causes of crime
D) law and legislation
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33
Ciara is hoping to study racial profiling of potential offenders among police officers. Which of the following fields does this research best fit into?
A) legal studies
B) criminalistics
C) criminology
D) criminal justice
A) legal studies
B) criminalistics
C) criminology
D) criminal justice
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34
Theo is interested in studying public perceptions of long-term offenders. Which of the following fields does this research best fit into?
A) criminology
B) criminal justice
C) criminalistics
D) legal studies
A) criminology
B) criminal justice
C) criminalistics
D) legal studies
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35
Which of the following models encourages a strong presumption of offender guilt?
A) the due process model
B) the crime control model
C) the social welfare model
D) the individual rights model
A) the due process model
B) the crime control model
C) the social welfare model
D) the individual rights model
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36
Evan is a police officer in Vancouver's Downtown Eastside. This community is very different from his former position in a suburban area of Vancouver. What are these different areas called?
A) work placements
B) work environments
C) task environments
D) task placements
A) work placements
B) work environments
C) task environments
D) task placements
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37
Which level of government is responsible for the Criminal Code?
A) municipal
B) regional
C) provincial/territorial
D) federal
A) municipal
B) regional
C) provincial/territorial
D) federal
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38
Ellen is researching crime rates and trends. She has noticed that the number of crimes reported to police is considerable higher than the number of cases that result in convictions. Which of the following terms applies to this finding?
A) the criminal justice funnel
B) a due process orientation
C) penal populism
D) different task environments
A) the criminal justice funnel
B) a due process orientation
C) penal populism
D) different task environments
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39
Jenna is a police officer who often encounters young offenders in her day-to-day activities. If these offenders have not committed a serious crime and have a limited criminal history, Jenna is likely to avoid pursuing formal criminal charges. Which of the following best explains this behaviour?
A) departmental flexibility
B) officer discretion
C) differing task environments
D) duty to act fairly
A) departmental flexibility
B) officer discretion
C) differing task environments
D) duty to act fairly
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40
The RCMP is considering offering a monetary pay-out to a serial killer in exchange for information about the location the remains of several missing victims. Which of the following best describes this practice?
A) the duty to act fairly
B) departmental discretion
C) an ethical dilemma
D) a due process orientation
A) the duty to act fairly
B) departmental discretion
C) an ethical dilemma
D) a due process orientation
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41
Which of the following criminal justice system employees is NOT among those typically immune from prosecution?
A) probation officers
B) Crown attorneys
C) parole board members
D) police officers
A) probation officers
B) Crown attorneys
C) parole board members
D) police officers
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42
In recent years the federal government has pushed to increase the use and applicability of mandatory minimum sentences. Which of the following best describes this practice?
A) penal populism
B) a due process orientation
C) increased discretion
D) duty to act fairly
A) penal populism
B) a due process orientation
C) increased discretion
D) duty to act fairly
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43
In recent years the criminal justice system has seen an increase in the number of persons with mental illness and substance addictions entering the system. Which of the following best describes this challenge?
A) increasing diversity
B) downloading onto the justice system
C) changing boundaries of criminal justice agencies
D) the rise of surveillance society
A) increasing diversity
B) downloading onto the justice system
C) changing boundaries of criminal justice agencies
D) the rise of surveillance society
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44
Which level of government is responsible for the administration of justice?
A) municipal
B) regional
C) provincial/territorial
D) federal
A) municipal
B) regional
C) provincial/territorial
D) federal
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45
Which level of government is responsible for the operation of the Parole Board of Canada?
A) municipal
B) regional
C) provincial/territorial
D) federal
A) municipal
B) regional
C) provincial/territorial
D) federal
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46
Describe and discuss the responsibilities for criminal justice of a) the federal government; b) provincial/territorial governments; and c) municipal governments.
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47
Identify and describe the factors that hinder the criminal justice system operating as a "system."
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48
What is meant by the assertion that the criminal justice system is a "human enterprise," and what are the implications of this for how the justice system operates?
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49
Discuss the "criminal justice funnel" and note its implications for systems of corrections.
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50
Discuss whether Canadians are receiving "value for service" with respect to expenditures on the criminal justice system.
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51
Identify and discuss one example from the textbook that demonstrates the challenges of doing justice in a multicultural society.
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52
Compare and contrast the crime control model with the due process model as examples of models of criminal justice administration.
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53
Discuss what research studies suggest about the deterrent effect of the law.
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54
Identify and explain the basic principles of an adversarial criminal justice system.
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55
Compare and contrast the terms "ethical issue" and "ethical dilemma." Provide one example of each.
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56
Define and discuss the term "task environment," as well as its implications for the way the criminal justice system operates. Using your own city or province/territory as an example, identify differences between and even within one jurisdiction, identifying how these environments pose different and challenging circumstances for the criminal justice system.
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57
A key attribute of decision making in the criminal justice system is the exercise of discretion by criminal justice personnel. Discretion has both positive and negative connotations and the use and abuse of discretion has been the focus of extensive research and debate. A few observers have argued that discretion should be abolished, while others have argued that discretion should be structured and confined with specific, published guidelines. Still other criminal justice observers argue that discretion is a healthy and necessary component of the criminal justice system and that no guidelines or controls on its exercise should be imposed on criminal justice decision makers. Discuss these issues.
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58
Make a list of the potential benefits and possible difficulties with the exercise of discretion at various stages of the criminal justice system. Consideration should be given to the following questions: Should there be any controls on the exercise of discretion by criminal justice personnel? If not, why not? If so, what types of control should exist at the various stages of the criminal justice system?
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59
Consider the "criminal justice funnel" depicted in Figure 2.3 on page 27. Identify the factors that contribute to the attrition of cases from the police stage to the corrections stage. What role do factors such as being a member of a cultural or visible minority, being Aboriginal, being poor, the seriousness of the offence, plea bargaining, and having a good lawyer play in creating the "funnel"?
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60
Explore the factors that prevent the criminal justice system from operating as a system. Following a discussion of these factors, identify potential strategies to mitigate these factors in order to increase the efficiency and effectiveness of the criminal justice system. Identify the potential obstacles to the implementation of these strategies.
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61
Discuss the effectiveness of criminal law as a deterrent from committing crime. Discuss the conditions that must be present for criminal law to act as a deterrent, as demonstrated by research evidence. Why are you deterred from committing criminal acts? Does the law acts as an effective deterrent for you and your friends/family? Discuss whether or not they believe criminal law serves as an effective deterrent, the circumstances if/when it does, and what prevents criminal law from being an effective deterrent to criminal behaviour.
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62
Compare and contrast the key differences between the fields of criminology and criminal justice. How are these fields similar? What are the major differences between the two?
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63
Consider the Clifford Olsen and Shawn Lamb cases (Box 2.1) in Chapter 2. How do you feel about the practice of paying murderers for information about their crimes? Does this raise ethical concerns? Why or why not? Use examples to support your position.
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64
Consider Bill C-60 (The Quebec Charter of Values) as discussed in Box 2.2 in Chapter 2. How would this proposed Bill have altered some of the rights promised in the Canadian Charter of Rights and Freedoms? How do you feel about this proposed piece of legislation? Provide examples to support your stance on this issue.
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