This website uses cookies to ensure you have the best experience. Learn more

Canadian Criminal Justice System Essay

2284 words - 9 pages

Introduction
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my observations to the bail court. What I found is a systemic evidence of a two-tier justice system. In this essay, I will outline the roles of the 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor.
Observations
I attended the Bail court on Monday, February 22 at the Ontario Court of Justice in Scarborough. After some searching, I found the court assignment sheet posted outside a clerk's office. It had listed each courtroom number and what they were assigned to hold. Courtroom 412 was bail, courtroom 406 was guilty pleas, and 407 was first appearance. When I approached courtroom 412, I saw the crown counsel have a brief conversation with a colleague. They were critical of the Judge being late – the court was scheduled to reconvene at 2pm. She sarcastically stated that 'he must need a longer lunch break because it must be tough to make three decisions a day'.
When the court was finally in session, the Crown called on the first defendant, and duty counsel informed her that they have been moved to courtroom 406. This dialogue repeated itself several times over the next 30 minutes with most of the defendants having been moved to courtroom 406. At this point, the crown requested that a Judge call a 10 minute recess so that she could locate the paperwork for one of the contested release cases, and the Judge obliged.
During the recess, I asked the duty counsel why so many defendants had decided to change their plea to guilty. She let me know that after speaking with her about the prospect of receiving a lenient sentence, she convinced the defendants to plead guilty to a lesser charge and avoid potential detainment order.
The court reconvened, and the crown called the next person, Tim. B. Tim, a young white male, was already out on bail pending his charge of assaulting his ex-girlfriend. The Crown stated that this was a reverse-onus because he was charged with failure to appear three times. The duty counsel informed that Tim voluntarily turned himself in earlier in the morning when he found out about the charges, and...

Find Another Essay On Canadian Criminal Justice System

Criminal Justice System Essay

1518 words - 6 pages One of the main objectives for the Criminal Justice System is to reduce the crime and the fire of crime. In order to achieve this it is using different agencies and the major of them are the Police, Prosecution, Courts, Prisons and Probation. They all are operating in synchrony for achieving their legal responsibilities and particularly for reducing the level of crime. The aim of this essay specifically is to discuss the functions of the police

The Criminal Justice System Essay

2417 words - 10 pages The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more

The Criminal Justice System

901 words - 4 pages The Criminal Justice System The Criminal Justice System is one of the most important tools available to society for the control of anti-social behavior. The criminal justice system needs to prove a balance between punishing the guilty and protecting the innocent being found guilty; however it is not as easy to convict those who are guilty of committing crimes. There have been many miscarriages to justice where innocent

The Criminal Justice System

1487 words - 6 pages The Criminal Justice System After speaking with several different individuals, I think the reason I chose to use the responses and thoughts of Alissa C. in my paper is because she had straight yes and no answers with thoughtful explanations, and she had very few "I don't know" or "maybe" type answers. Alissa C. seemed genuinely concerned about the state of the criminal justice system and, obviously, had given it a great deal of thought

U.S. Criminal Justice System

1847 words - 7 pages Before proposing a reform to the American criminal justice system, we must first examine the problems that plague the process of justice on all levels. American society plays an important role in shaping the criminal justice system. Their beliefs and values determine the type of deviants and the consequences of the crimes. Often their beliefs contradict each other. Americans believe that the more serious a crime is, the longer a person

The Criminal Justice System

3698 words - 15 pages The Criminal Justice System Is this a hellish nightmare that I have to awaken from? Caged and confined, thinking and pondering, I wonder what human is this that he should be subjected to imprisonment that neither improves nor corrects his soul? Is there no compassion for restoring a man to contribute to this nation? Or does the dark side of humanity see offenders of the law as utter undesirables unworthy of aid and therapy

The Canadian Juvenile Justice System

1131 words - 5 pages 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. Before 1908, the nature of the developing society caused children at risk to

The Dutch Criminal Justice System

2201 words - 9 pages offender is a recidivist, and specific circumstances of the other case. Finally, life imprisonment is seldom imposed, although the use of this penalty has increased in recent years. Another aspect of Dutch criminal justice that has shown a recent increase is that of stricter disciplinary sanctions for juvenile offenders. In the Dutch criminal justice system, children below the age of 12 cannot be subjected to criminal prosecution. Children in the 12–17

Criminal Justice System and Law

1324 words - 6 pages cultural and or ethnic backgrounds, but they are still looking into common law and order. (Longley, 2013) There are several different levels of the government that involve the criminal justice system; this allows the local level to have an important position in enforcing the policies and or decisions that are made by the state and or federal officials. Consequentially the criminal justice system policies at the federal and state levels affect the

Criminal Law, Criminal Careers, and the Criminal Justice System

2544 words - 10 pages "America imprisons 756 inmates per 100,000 residents, a rate nearly five times the world's average. About one in every 31 adults in this country is in jail or on supervised release. Either we are the most evil people on earth or we are doing something very wrong." (Webb, 2009, p. 4) This paper will look at basic criminal law, the reasons for lives of crime, a brief outline of the modern criminal justice system, and its future.Criminal

The Canadian Justice System vs. Aboriginal People

569 words - 2 pages The Canadian Justice System vs. Aboriginal PeopleTopic: Be it resolved that the Canadian justice system be significantly changed.The Canadian justice system has failed the Canadian people. It has failed the aboriginal people of this nation on a massive scale. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Aboriginal people who are arrested

Similar Essays

Roles And Challenges In The Canadian Criminal Justice System

862 words - 4 pages , books, and even the police themselves. Officers not only conduct a criminal investigation, but they also decide whether or not to proceed with obtaining an arrest which is a serious step in the justice process (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2 & 4). Authors of The Canadian Criminal Justice System (2007, p. 4) states that because it is impossible to convict every single person who has broken the law, police officers may make

Miscarriages Of Justice: The Faults In The Canadian Criminal Justice System

1258 words - 6 pages The Canadian Criminal Justice System is a system that is rooted in fairness, justice, and equality. It does not discriminate against religion, sex, or race, and it is governed by the rule of equity. All this would suggest that the Canadian Criminal Justice System is one that Canadians can have faith in, knowing that the system will protect everyone: society from the criminals, and innocent people from wrongful incarceration. It is

Canadian Justice: The Youth Criminal Justice Act

2108 words - 8 pages Youth within the Canadian justice system lose their identities. Their age places them under the jurisdiction of the Youth Criminal Justice Act. The criminal charges identify them as criminals and their “’character traits’ … label [them] for society” (1957:45). Such procedures as pre-sentencing reports, encapsulate their history and reduce the youth to “object[s] of a more or less easy absorption” (1957:45). It is this pre-sentencing report

U.S. Criminal Justice System Essay

1008 words - 4 pages U.S. CRIMINAL JUSTICE SYSTEMIn order to keep a safe society, it is important to establish a nation with good education to teach people judging from right or wrong , excellent police force to keep our street safe, and most of all, a good criminal justice system to carry out the justice. United States is a place with little crimes, a nation with nice houses, beautiful beaches, and expensive shops without property just like what I seen in the