The Canadian Criminal Justice System
explanatory Essay
1961 words
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society. The criminal justice system is made up of many components that are constructed to ensure justice for victims of crimes along with criminals. It is designed to guarantee that punishing those who are guilty will protect the innocent. Within the criminal justice system, there is a document that consists of all the jurisdictions of criminal law. This document is called the criminal code and entitles the offences that are acknowledged in the jurisdiction along with consequences that are enforced for these crimes. Throughout the years, there are offences constantly being added to the Criminal Code of Canada and many proposals being made by the Law Reform Commission of Canada.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
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...ty. It is available to reflect the social values of a society such as new concepts of justice. The law Reform Commission of Canada is persistently submitting legal proposals that can be used to improve a society and it also serves as a crucial role to the structure of law and the government and the Canadian Criminal Justice System. A proposal that has drawn a lot of debate is the idea of whether environmental destruction and maltreatment should be criminalized. After examining the given themes, environmental harm should not be considered a crime. The undesirable outcomes of criminalizing environmental harm outweigh the positives of criminalizing such a reform. Although the environment affects people’s lives, so do the laws and regulations. This crime is too broad and may result in more harm than good in the Canadian society and the Canadian Criminal Justice System.
In this essay, the author
- Explains that the law shapes the behavior and sense of right and wrong for every citizen in society. the law is designed as a neutral aspect existent to solve society’s problems.
- Explains that the canadian criminal justice system is made up of many components that are constructed to ensure justice for victims of crimes along with criminals.
- Explains that the law reform commission of canada is constantly importing and suggesting proposals towards the criminal code. the old proposal was that crimes against the environment should be criminalized.
- Explains that breaking laws by the criminal justice system results in crime, which is prohibited or punishable by law. incorporating the offence of disastrous environmental harm in the criminal code causes it to be recognized as a crime.
- Explains that every recommendation or proposal that is proposed to the criminal code of canada tends to have negative along with positive aspects, which are considered.
- Opines that criminalizing environmental harm is a costly contribution to the canadian government and society.
- Explains the law reform commission of canada's distinction between true crimes and mere offences. true crimes tend to violate essential rules, whereas useful rules are aspects carried out in a special capacity.
- Explains that environmental harm would be characterized under a true crime if enforced by the canadian government. criminalizing an action tends to influence the crime rate.
- Explains that overcriminalization influences the seriousness of non-serious offences. the canadian government's proposal about criminalizing disastrous environmental harm would take away serious crimes.
- Explains that overcriminalization is costly and leads to overcrowding in prisons around the country.
- Explains that the ouimet committee was principled about how the criminal justice system should be enforced.
- Opines that criminalizing environmental harm can be considered a peaceful way of correcting the government's flaws in the foundations of law.
- Opines that environmental maltreatment should be criminalized because serious environmental offences are crimes against the environment, which eventually leads to criminals against human health and life.
- Explains that environmental harm has a massive impact on human lives, and that criminalizing it will minimize these impacts and respect the law reform commission of canada's aspect to convalesce and support the criminal justice system and the canadian society.
- Explains that the law reform commission of canada accepts and rejects goals and principles that can be used to improve and support the canadian criminal justice system.
- Explains that the way legal authorities and the government define environmental harm varies from country to country. many countries have already criminalized it such as the united states, germany and japan.
- Opines that the law reform commission of canada is a key role in the legal aspect of society. they argue that environmental destruction and maltreatment should not be criminalized.
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In this essay, the author
- Explains that the youth criminal justice act (ycja) in canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues.
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- Illustrates how police use extrajudicial measures to help youths who are under the influence of a formal justice system.
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In this essay, the author
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- Describes how amber hagerman was abducted and killed while riding her bike in her neighborhood on january 1996. a neighbor heard her scream, saw as a man put amber into his pickup truck and ran to the police.
- Explains that amber hagerman's parents decided that something had to be done so that no child or parent could go through what they experienced. in 2003, president george w. bush signed into law the protect act.
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- Explains that amber alerts are used to help law enforcement locate abducted children faster. they are sounded through television, radio stations, and public highways.
- Explains that amber alerts have been adapted in more than 50 states including puerto rico and the virgin islands since 2003.
- Explains that the amber alert has been effective since 2001, when two children were recovered using the alert, while sixty-nine were safely recovered.
- Argues that since the amber alert is inexpensive, it makes sense to work on expanding and developing it to reduce false alarms and to get the alert out quicker to the public.
- Analyzes how the amber alert speaks to how law enforcement is working to safely recover children and speaks volumes to the communities.
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- Explains that amber's law helps put two-time sex offenders in prison for life, and the idea of notifying the public and police officers of abducted children became crucial after the abduction and murder of amber hagerman.
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In this essay, the author
- Explains that in the late eighties and early nineties major cities across the united states and canada experienced a major increase in illegal drugs, especially crack cocaine. judicial administrators explored alternatives to incarceration for non-violent offenders.
- Explains that the delicate balance came to fruition in a miami-dade county, florida 1989 according to the national association of drug court professionals. the first drug treatment court stemmed from being tired of same faces and the same cases repeatedly appearing before the court.
- Explains how the canadian judicial system eased their burden by implementing bill c-40 into parliament. justice allan rock introduced the bill that would give courts more discretionary powers to impose alternatives
- Explains that canada's first drug treatment court, toronto drug treatment court, was established in 1989. its success led to other courts opening in vancouver, edmonton, winnipeg, ottawa and regina.
- Explains that the tdtc is only available to accused persons charged with offences motivated by addiction to substances such as cocaine, crack, heroin, opiates and methamphetamine.
- Explains that the tdtc program takes between ten and eighteen months to complete. participants who successfully complete the program receive a non-custodial sentence.
- Concludes that drug treatment courts have become a viable and flourishing alternative to incarceration.
- Explains that outside of the court system, organizations like the tdtcaa continue to focus on restoring order and human rights by forming an alumni group to help individuals who are winning their personal battles against drug addiction.
- Opines that a key to improving our situation is braking through our denial and admitting our powerlessness.
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In this essay, the author
- Opines that if this bill is put forward, it will affect all classes of people, middle, upper and lower.
- Opines that the death penalty would lower our country's crime rates by reducing serious crimes and non-violent crimes.
- Opines that the death penalty would work for canada, since it would reduce crime and lower tax rates.
417 wordsRead More - Wrongful Conviction Has Plagued the Canadian Justice Systemexplanatory essayWrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
In this essay, the author
- Opines that wrongful convictions have plagued the canadian justice system since it came to be. professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable.
- Explains that david milgaard's story is one of the most striking and well-known representations of wrongful conviction as it happened right here in saskatoon.
- Opines that actions of those in charge of finding justice may in fact have caused the wrongful conviction of milgaard.
- Explains that the association in defense of the wrongly convicted (aidwyk) is an important resource for those that need assistance proving their innocence.
- Explains that the association in defense of the wrongly convicted identifies several key causes of wrongful conviction similar to roberts & grossman: eyewitness identification error, jailhouse informant testimony, false confessions, tunnel vision, systematic discrimination, evolution of and errors in forensic science.
- Explains that dna testing was a contributing cause in approximately 75% of convictions overturned.
- Explains that there are programs for wrongfully convicted people that will help them prove their innocence and be released from prison.
- Explains that roberts, j. v., & grossman, m. g. (2012). why say sorry when i didn't do it? remorse and the dilemma of the wrongfully convicted.
1110 wordsRead More - Canada's Justice Systemanalytical essayCanada's Justice System It’s a common belief that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. Whether or not that’s true is an entirely different scenario. Canadians take pride in our open mind approach to and acceptance of all cultures, multiculturalism is what makes this Canada so unique and great.
In this essay, the author
- Opines that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. canadians take pride in their open mind approach to and acceptance of all cultures.
- Analyzes why one race or class is more likely to be an inmate. is it in the genetics or the way that they are raised that inevitably lands them the hands of the judicial system?
- Analyzes how class segregation is evident in the legal system. the poor are more frequent in jail than the middle and upper class, but is it just a coincidence?
- Opines that class segregation is no secret, every country has it even if some are more unspoken than others.
- Opines that the gap between the poor and the rich is inevitable and that a portion of the population may live under the poverty line. the poverish live in rough neighborhoods, full of crime, drugs and violence.
- Analyzes the question of which came first, the chicken or the egg, or is the high crime rate responsible for their poverty?
- Explains that a life of drugs, violence, and lack of education can prevent any group/race of people from staying economically disadvantaged, with no pathway available to lead them to an economically stable lifestyle.
- Explains that if areas are rough, there will be more policing in that specific area, which leads to more arrests, and those living under the poverty line lack the funds to hire a decent attorney.
- Analyzes how achieving equality in the justice system between classes is near impossible. a man on welfare and a doctor both commit trafficking illicit street drugs.
- Opines that crime goes hand in hand with poverty in canada and that those who are poor must be identified.
- Opines that black people (african, black, caribbean) represent 3% of the total population, but they represent 15% of jail population.
- Explains that black people in canada have a relatively low income rate and high percentage of people under the poverty line compared to white people living in europe.
- Opines that racism plays a role in black people's high jail rates, or is just the fact that they are more frequently poor.
- Opines that racism is a personal viewpoint and the nation cannot control what each individual within its boarders, believe.
- Analyzes how racist cops target black males because they have been stereotyped as criminals, but if it's a rough area and there are predominantly black people there, the majority of people being pulled over are going to be black
- Argues that there is information that poses a problem to and discredits the above analysis of class segregation and racism within our justice system.
- Explains that black people aren't represented as heavily in jail as those with middle eastern heritage. however, there is a definite gap between the two cultures in respect of living below the low income cut off.
- Explains that there are more black people than middle easterners in canada, which adds up to a substantial amount of people living below the poverty line.
- Argues that a glorified stereotypical view that black people are more violent and therefore more criminal would have no scientific or sociological support to it.
- Opines that in a multicultural nation it's near impossible to create laws and regulations that do not discriminate on any particular culture and/or background of people.
- Explains that canada is multi-cultural and the most dominant face in respect of lawmaking is white males of european decent. the cultural norms they were raised upon will leak through to the laws and regulations that they create while in political power.
- Opines that class segregation in canada continues to be an issue, and economic turmoil is the biggest factor for commit a crime.
- Opines that incarcerating poor criminals isn't doing them any good, since they are amongst them, jail life is not an ideal place or circumstance to turn one's life in the right direction.
- Recommends rehabilitating the criminals, educating them, training them and giving them an economic option rather than a life of danger and crime.
- Argues that it's in the best academic judgment to see through the race and culture and focus on the economic discrimination.
- Analyzes how extreme poverty magnetizes criminal activity in canada, and explains that black people are more likely to commit an offence and to be acquitted due to lack of funds.
- Analyzes how race aside, the battle truly becomes the rich against the poor, a true capitalist society.
1517 wordsRead More - The Canadian Juvenile Justice Systemargumentative essayYouth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
In this essay, the author
- Explains that youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are worried about the trend of this problem.
- Explains that the nature of the developing society caused children at risk to commit crimes. in the nineteenth century, there were many orphaned and negected children in the society.
- Explains that the first canadian law on juvenile crime, the juvenile delinquency act, was adopted by canada in 1908. the courts, as the judicial role of parents, had to decide whether the young people should bear the consequences for their crimes.
- Explains that the juvenile delinquents act brought positive impacts on many young people who went through the juvenile justice system, but many flaws appeared in this act after a period of time.
- Explains that the juvenile crime act (yoa) replaced the juvenile delinquency act in 1984. it changed the justice system from a social welfare approach to human rights.
- Analyzes the leniency and harsh aspects of the young offenders act.
- Explains canada's new juvenile justice system, the youth criminal justice act, which covers the 12-17 year-old juvenile delinquency and exempts children under the age of 12 from criminal prosecution.
- Opines that the ycja introduced a number of new sentencing options for judges, including intensive support and supervision orders, deferred custody and surveillance orders and orders to attend non-residential programs.
- Concludes that the development of the juvenile justice system resulted from social development and human needs.
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