1. 1 SOCI3085 Lecture #6 1. 1. Course Administration in-class presentations! essays

2. 2 2. Organization of the Legal System a coordinated system, or individual ‘silos’? a coordinated system, or individual ‘silos’? judicial, legislative, administrative and judicial, legislative, administrative and enforcement components enforcement components the growth of the legal system, the the growth of the legal system, the “institutionalization” of dispute resolution “institutionalization” of dispute resolution the specter of administrative law the specter of administrative law the adversarial versus the inquisitorial system the adversarial versus the inquisitorial system

3. 3 3. Courts principle function - dispute resolution principle function - dispute resolution types of disputes: types of disputes: note: courts process and ‘resolve’ disputes only note: courts process and ‘resolve’ disputes only in a limited legal sense: they do not in a limited legal sense: they do not solve, or bring closure to a dispute solve, or bring closure to a dispute

4. 4 organization of the courts organization of the courts - most common-law systems, a series of superior, lower courts superior, lower courts - local variations at lower court level - move to more efficient lower court processing through resort to use of justices of the peace, through resort to use of justices of the peace, Crown Attorneys Crown Attorneys - e.g. : Canadian court system

5. 5 participants in court process participants in court process (a) litigants: plaintiffs and defendants - ‘one-shotters’ versus ‘repeat players’ (b) lawyers - the Crown attorney as ‘representative of the will of the people’ will of the people’

6. 6 - types of lawyers (1) public interest representatives (1) public interest representatives (2) corporate/in-house (2) corporate/in-house (3) defense/trial lawyers (note functions (3) defense/trial lawyers (note functions such as intermediary, counsellor, advocate) such as intermediary, counsellor, advocate) (4) ‘hired guns’ (4) ‘hired guns’ (c) judges - in Canada, judges appointed provincially or federally, NOT elected positions federally, NOT elected positions

7. 7 (d) juries - most common in common-law based systems - usually 12

8. 8 - issue: scientific jury selection - variants: shadow juries, simulated juries/mock trials trials

9. 9 - concerns with scientific jury selection: (1) bias in verdicts (2) ‘buying’ verdicts (3) state use of scientific techniques? (4) public perception of justice system (5) ‘jury made’ law - other issues:

10. 10 4. Litigation - Processes, Issues celerity - swiftness of justice celerity - swiftness of justice bail - and the soaring remand counts bail - and the soaring remand counts police investigation and identification of police investigation and identification of suspects - science or fiction? – suspects - science or fiction? – plea-bargaining plea-bargaining sentencing - discretion versus the ‘sentencing sentencing - discretion versus the ‘sentencing calculus’ calculus’

11. 11 5. Legislatures conflict management functions (e.g. Royal conflict management functions (e.g. Royal Commissions) Commissions) integrative functions (support for judicial, integrative functions (support for judicial, executive functions) executive functions) legitimization of laws, judiciary, enforcement legitimization of laws, judiciary, enforcement mechanism for change mechanism for change participants participants

12. 12 6. Administrative Agencies a key element in social control, in the enactment a key element in social control, in the enactment and management of legislation and management of legislation note the pervasiveness of administrative control note the pervasiveness of administrative control (Vago, p. 144) (Vago, p. 144)

13. 13 administrative process: administrative process: -investigation -rulemaking - adjudication

14. 14 7. Law Enforcement Agencies in Canada, one Criminal Code in Canada, one Criminal Code federal, provincial, municipal, First Nations, federal, provincial, municipal, First Nations, university/college, transportation, university/college, transportation, waterways, parks, CSIS, private/corporate, etc. waterways, parks, CSIS, private/corporate, etc. about 21,000 sworn police officers in Ontario about 21,000 sworn police officers in Ontario

15. 15 8. Canadian Court System a formalized dispute resolution mechanism a formalized dispute resolution mechanism a combination of ‘determination of the facts’ and a combination of ‘determination of the facts’ and ‘determination of the law’ ‘determination of the law’ burden of proof different for criminal as opposed burden of proof different for criminal as opposed to civil cases - ‘reasonable doubt’ versus to civil cases - ‘reasonable doubt’ versus ‘balance of probabilities’ ‘balance of probabilities’ trial courts versus appeal courts trial courts versus appeal courts the structure of the courts: the structure of the courts:

16. 16

17. 17 Supreme Court of Canada Supreme Court of Canada - appeals from other federal, provincial courts - questions of constitutional, federal, provincial law - ‘leave to appeal’ in civil cases, or importance of matter in criminal cases matter in criminal cases Provincial Court (Ontario Court, Prov. Division) Provincial Court (Ontario Court, Prov. Division) - provincially appointed judges - small claims, family, youth, traffic, etc. - preliminary step in criminal matters

18. 18 Superior Court (Ontario Court, General Division) Superior Court (Ontario Court, General Division) - trial court (may also hear surrogate, probate matters) matters) - federally appointed judges Appeal Courts (Ontario Court of Appeal) Appeal Courts (Ontario Court of Appeal)

19. 19 Civil Litigation Civil Litigation - writ of summons - in Ontario, filing a ‘notice of action’ - response is to file an appearance, otherwise a default judgment is issued default judgment is issued - plaintiff issues statement of claim as the first step in the a series of pleadings step in the a series of pleadings - defendant issues statement of defence

20. 20 - demand for further information and interrogatories - Chambers application - discovery process - procedural delays - pretrial hearing - payment into court

21. 21 - trial - jury - judgment

22. 22 - damages (1) special (2) general (3) specific performance (4) injunction (5) punitive damages (6) declaratory judgment

23. 23 - enforcement (1) examination in aid of execution (2) garnishment (3) costs (4) bankruptcy (5) jail - small claims courts

24. 24 2. Police Operations policing in Canada policing in Canada å about 75,000 (3/4 of these are sworn)

25. 25 3. Police Organization paramilitary, bureaucratic paramilitary, bureaucratic “professional” model of policing: “professional” model of policing: patrol function: patrol function: å core role in policing å socialization function (‘street time’) å generalist role å high public visibility

26. 26 patrol activities: patrol activities: reactive/proactive elements reactive/proactive elements

27. 27 4. Patrol Strategies incident-driven patrol incident-driven patrol å post-1930’s development å impact of the Kansas City Patrol Experiment (Kelling et al, 1974) (Kelling et al, 1974)

28. 28 directed patrol directed patrol å reliance on ‘crime analysis’ management of demand patrol management of demand patrol å “differential response” model

29. 29 foot/bike patrol foot/bike patrol å effective? å public relations value? å fear of crime proactive/reactive patrol proactive/reactive patrol å ‘constable generalists’ å combined approach å ‘empowerment’ of officers

30. 30 5. Criminal Investigation most crimes solved / suspects apprehended based most crimes solved / suspects apprehended based on information obtained by officer at the scene on information obtained by officer at the scene

31. 31 6. Recent Changes in Policing problem-oriented policing problem-oriented policing community policing community policing First Nations policing First Nations policing ‘intelligence-led’ policing ‘intelligence-led’ policing education & training education & training

32. 32

33. 33