Abstract In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadianjusticesystem. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginal peoples within the Canadianjusticesystem and the third and last area revolves around the difficulty that Canadian law-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadianjusticesystem.
This well-researched paper examines the juvenile justicesystem and its method of dealing with juvenile offenders which has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception.
Abstract This paper explores the history of the juvenile justicesystem, dating back to the 1820s and until the present. The juvenile justicesystem in dealing with juvenile offenders has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception. The writer of this paper contends that in certain cases juvenile criminals should be treated differently than adults who commit the same crimes and supports this claim by detailing eight possible justifications. One justification is that adults are responsible for their acts, whereas juveniles are not. Another justification is that juveniles are more pliable than adults and respond better to treatment and rehabilitation.
This paper also details various research which examines the history of the juvenile justicesystem from 1820 which found that when juvenile crime is determined to be high, the justicesystem responds with severe punishments and few rehabilitative approaches. This paper also discusses the current approach to the juvenile justicesystem and questions its effectiveness in dealing with juvenile offenders.
From the Paper "What the models or approaches have neglected up to this point is the importance of the victim and the community, accountability of the offender, and competency development. So far there has been the debate between punishment versus treatment as options, but both have negative side effects and essentially ignore everything else. The need for retribution may be satisfied by punishment, but the offender can be negatively affected. Punishment can undermine self-restraint, stigmatizes the offender and creates problems of adjustment, which encourages delinquency, to name a couple, but it also encourages offenders to focus on themselves, not the victim and their responsibility."
Tags: youth, crime, law, legal, justice, system, court, rights
Abstract The paper contends that any solution that hopes to revise the American criminal justicesystem must address five issues. The paper details these issues: A lack of racial parity in criminal justice, a lack of socio-economic parity, overcrowding in the courts, overcrowding in the prisons and the rehabilitation of the thousands of prisoners when they are released.
From the Paper "That the criminal justice system in the United States is biased is beyond dispute. Statistics abound that all confirm the same thing; if you are white and wealthy in the US, the odds that you will end up in jail are remarkably slim. Felony convictions send a disproportionately high number of African American and Hispanic men to prison, while their Caucasian counterparts remain free. The reasons behind this phenomenon are many - too many to be listed in this brief overview."
Abstract This paper looks at the problems in the youth criminal justicesystem. It discusses the lack of representation in court, lack of adequate facilities, lack of adequate programs in facilities (particularly education and special education), lack of adequate staffing, and sentencing juveniles as adults.
From the Paper "The purpose was that youthful offenders could be rehabilitated before they became lifelong criminals. Today there are still separate justice systems for adults and juveniles in state and federal systems but the juvenile system is not equipped for the shift to increasingly violent crime among juveniles. Recently a Michigan case involved a juvenile convicted of second-degree murder he committed when ..."
Abstract The essay examines the advantages and disadvantages of Section 718.2 (e) of the Criminal Code of Canada. Some critics view it as an adequate option for sentencing criminals whereas others believe it directs the Western legal system away from adequate reform. The paper concludes that the code reflects the liberal character of the Canadianjusticesystem.
From the Paper "The arguments for Section 718.2 (e) most closely resemble Canadian legislative ideals. The point that Section 718.2 (e) only offers judges the option of employing sanctions other than confinement upon sentencing is demonstrative of the liberality of choice that is part of the Canadian justice system. The argument that Section 718.2 (e) is part of a general effort to represent enlightenment and a real effort to address the problem of Aboriginal overrepresentation in correctional institutes is one which is also particularly relevant to Canadian legal thinking."
Tags:Canadianjusticesystem, criminal code, Canadian minorities
Abstract The paper proposes the perfect criminal justicesystem, one that focuses on networking and collaboration among policing agencies, communities, legal representatives and those accused of or prosecuted for criminal activity. The paper states that the perfect criminal justicesystem will also concentrate on rehabilitative measures for criminals incarcerated younger than age 40, as research suggests that individuals receiving counseling are less likely to become repeat offenders than those who are simply punished and then released. The paper concludes that the perfect system is not a system that focuses on hostility or punishment for non-malevolent crimes; rather one where communities actively collaborate with legal authorities to build better communities and social networks.
Outline:
Introduction
The System Theory
Reform and Community Collaboration in the Perfect System Conclusion
From the Paper "The perfect criminal justice system begins with theory. The theories underlying the perfect system should rely on positive reinforcement and authentic repentance and reform among criminals (Goold, 2004). This system is modeled somewhat after the idealized Japanese policy system, where the policeman encourages during the initial point of contact, or interrogation, the offender to fell "tearful relief" as like "a child when confession of wrongdoing to his parents results in a gentle laugh and warm hug" (Goold, 2004, p.14). Typically the American criminal justice system has focused on retaliation and retribution; this opposes the system introduced here, where policemen should focus on being known for warm, supportive yet just and effective care, not simple strictness (Johnson, 2003) which is more likely to lead to less reform and increasing crime."
Abstract This paper explores the criminal justicesystem in Argentina. It looks at the historical development of the criminal justicesystem and examines the series of transformations of the criminal justicesystem over the decades, resulting in corruption, military uprisings, injustice and a culture of impunity. The paper looks at the junta and human rights oppression and violence.
From the Paper "The criminal justice system in Argentina like Argentina itself has endured a series of transformations overhauls purges and coups. At present it is impossible to evaluate Argentina's criminal justice system without simultaneously plumbing the murky depths of ..."
Tags: criminal justice, argentina, junta, dictatorship, due process
Abstract This paper surveys the way negative race perceptions affect minorities in the criminal justicesystem in the United States, a system administered almost exclusively by white to protect whites. It discusses the issue of racial profiling. The lack of opportunity for racial and ethnic minorities to work in the criminal justicesystem are explored. The author argues for a more culturally diverse law enforcement system to ensure the fair treatment of minorities.
From the Paper "The National Association for the Advancement of Colored People (NAACP) argues that racial inequities in the criminal justice system arise because the system is administered almost exclusively by whites and ..."
Abstract This paper reviews the evolution of the criminal justicesystem in the last ten years in light of technological advances such as DNA gathering at crime scenes. It discusses the national response to such technology whilst addressing many social as well as legal implications.
From the Paper "Advances in evidentiary technology have in the past ten years revolutionized the criminal justice system in the United States and to some extent the world. The process of integrating DNA technology into the criminal justice system has been laborious and time ..."
Tags: criminal justice, United States, forensics, DNA testing, CODIS, crime scene investigation, evidentiary technology
Abstract This ten-page undergraduate paper explores how and why Natives are oppressed and discriminated against in the justicesystem. Colonization and the "Indian Act" are part of it, and social conditions outside the system fully explain what happen within it: both control inferior people. 10 pgs. Bibliography lists 10 sources.
Abstract The paper explores why the public seems to have low levels of confidence and trust in the justicesystem and the extent to which community residents participate in justice initiatives. The paper examines the potential and the limits of restorative justice as a mechanism and discusses increasing community and citizen involvement in the justice process. The paper clearly shows the evidence that approaches to justice in our modern Western society are ineffective. The paper explains how the criminal justicesystem ignores the public's role in addressing crime, and thus alienates the community. The paper concludes that future approaches to justice should revolve around a restorative system as opposed to a criminal justicesystem.
Outline:
Introduction: The General Public and the Criminal JusticeSystem Why the Public Seems to Have Low Levels of Confidence and Trust
in the JusticeSystem The Extent to Which Community Residents Participate in Justice Initiatives
The Potential and the Limits of Restorative Justice as a Mechanism
For Increasing Community and Citizens' Involvement in the Justice Process
Conclusion
From the Paper "Evidence shows that public confidence and trust in the criminal justice system is low. In Canada, a recent survey revealed that most citizens were dissatisfied with the government's response to crime, even though they found no fault with the police themselves (p. 64). It appears to be the criminal justice system itself that dissatisfies the public. Canadian citizens are dissatisfied with the performance of the criminal court, the prison system, and, in particular, the parole system (ibid). The same findings tend to be replicated in studies of other Western countries, such as the U.S. and Europe (p. 65)."
Abstract This paper explains that England and Canada appear to have juvenile justicesystems similar to the system in the U.S. The author points out that, under the Youthful Offenders Act of 1854, England's Juvenile JusticeSystem was created separate from the adult system. The paper relates that the Canada's juvenile justicesystem has gone through three different phases throughout the 20th century; the Juvenile Justice Act of 1908 defined the age of juvenile delinquency from 7 to either 17 or 18, depending on the province; in the 1960s and 1970s, Canada protected children by legal rights, especially constitutional rights; and, in 1995, an act amended the Young Offenders Act to focus on a multidisciplinary approach focused on why young people commit crimes and on rehabilitation.
Table of Contents
England's Juvenile JusticeSystem Prevention
The Persistent Young Offender
Overview of Youth Court
Summary
Canada's Juvenile JusticeSystem Canada's Youth Court
Summary
From the Paper "Over the past few decades England has been trying to deal with an increasing crime rate. Property offenses have been increasing dramatically, which is creating a big concern for the public as well as those that work in the system. Throughout the past decade, the British have put a great deal of focus on dealing with a desire to divert more young people away from the formal adjudicatory process, while also developing a plan that deals with the most serious and persistent young offenders. Several Acts have been enacted to attempt to facilitate the administration and delivery of both objectives; they include the Criminal Justice Act (1991), the Criminal Justice and Public Order Act (1994), the Crime and Disorder Act (1998), and the Youth Justice and Criminal Evidence Act (1999)."
Abstract This paper discusses the history of the criminal justicesystem in the civilized world and in the United States in particular. It then looks at the evolution of the American criminal justicesystem and discusses the challenges that the criminal justicesystem has faced over time. Finally, the paper discusses what the future may hold for criminal justice in the United States.
Table of Contents:
Introduction
The History of the Criminal JusticeSystem The Criminal JusticeSystem Comes to America
Modern Challenges to the Criminal JusticeSystem Conclusion
From the Paper "Yet another complicated issue for the American criminal justice system to sort out at the current time is the issue of justice for foreign terrorists. Because those who wage terror against the US are often not parts of organized, recognized military organizations, they are not prosecuted under international military justice, but are subject to the laws of the US. Herein, however, the controversy lies, as there are those legal experts who maintain that Constitutional protection only applies to American citizens, not those who are foreigners who have sought to kill American citizens and destroy the American homeland. What has happened recently is that American jails have become filled with suspected terrorists from abroad and to merely release them could spell disaster for America, but keeping them locked up for years on end without due process of law once again violates the rights that some feel these individuals are entitled to receive. As such, the crisis is clear, and will have to be resolved somehow in the future (Cook, 2001)."
Abstract This paper discusses contemporary ethical issues in the criminal justicesystem; from the municipal levels all the way up through the courts and the corrections system. The paper discusses how sometimes it is necessary to have intervention of the court in order to ensure that these ethical issues are addressed and that the civil rights of the public are not compromised.
Table of Contents:
Abstract
Criminal Justice Ethics
Areas of Ethical Concerns
Events Affecting Criminal JusticeSystem Admissible Confessions After Periods of Detainment
McNabb-Mallory Rule
Indigent Defense
Flawed Defense System Indigent Defense System Reform
Prosecutorial Misconduct
The Duke Lacrosse Team Case
Significance of Events
Impact of Improvements to the Indigent Defense System Impact of Prosecutorial Misconduct
Future of the Criminal JusticeSystem Technology in Criminal Justice Other Changes in the Criminal Justice Field
Civilian Oversight of Police Departments
Conclusion
From the Paper "All levels of the criminal justice system encounter difficult moral and ethical issues on a daily basis. Previous court decisions have set forth safeguards and guidelines determining what are considered ethical behavior. Additional question regarding the ethical behavior of criminal justice employees will continue to be an issue as technological advancements continued to be used in the profession for example. The safeguards that have been previously determined by the court system will continue to shape the ethical behavior by the criminal justice professionals that work within. Without these safeguards, criminal justice professionals would be able be free to engage in any behavior they wished to without the regard of ethics thus placing the public is at risk for being on the receipt of misconduct."
Abstract This paper analyzes whether Black people are mistreated by the criminal justicesystem in Canada and if they face discrimination from both the police and the courts. It discusses the failure of the criminal justicesystem to provide appropriate services to people of minority groups. The paper specifically looks at the over-representation of black people in the criminal justicesystem. It then attempts to analyze some of the reasons how and why Black citizens are targeted by the criminal justicesystem.
Table of Contents:
Introduction
Background on Black Over-representation in the Criminal JusticeSystem Possible Reasons Behind The Black Over-representation Trend
Arguments Against Criminal JusticeSystem Racial Bias
Conclusion
From the Paper "It is difficult to know how to respond to racial prejudices in the criminal justice system, as the overrepresentation of black citizens is imbedded in socioeconomic factors which cannot be explained by discriminatory practices implicit in the criminal justice system. The most obvious solution to the problem is to have separate justice systems for people of Aboriginal descent, where most of the problems of racial discrimination in Canada lie. However, would not the existence of different courts of law for different ethnicities further encourage racial stratification in society? The solution is not an easy one, and much more research must be done on the topic before an answer is forthcoming. A number of factors must be explored before a solution is implemented, such as what the current statistics revolving around discrimination studies mean, the relationship between social and economic factors and the criminal justice system, and the impact of developing stratification between Aboriginal and non-Aboriginal citizens (La Prairie, 2004, p. 277). "
