NCJ Number
59911
Journal
Criminologie Volume: 12 Issue: 1 Dated: SPECIAL ISSUE (1979) Pages: 43-56
Date Published
1979
Length
14 pages
Annotation
THE RESULTS OF A STUDY ON THE MECHANISMS OF THE CANADIAN CRIMINAL JUSTICE SYSTEM AND THEIR DAILY OPERATION ARE PRESENTED.
Abstract
INFORMATION BASED ON OBSERVATIONS AND INTERVIEWS OVER A 5-MONTH PERIOD WITH POLICE OFFICERS, LEGAL EXPERTS, AND SHOPKEEPER VICTIMS SHOWS THAT THE CRIMINAL JUSTICE SYSTEM'S OPERATION IS HINDERED BY A STRATEGY OF DELAY USED BY DEFENDERS TO LESSEN THE IMPACT OF WITNESSES AND EVIDENCE AS WELL AS THE INTEREST OF THE POLICE, PROSECUTORS, AND JUDGES. SUCH DELAYS ARE EXPENSIVE AND INCONVENIENT TO WITNESSES AND VICTIMS, WHO ARE FURTHER VICTIMIZED BY THE LOSS OF TIME AND MONEY. CITIZENS, WHETHER VICTIMS OR OFFENDERS, ARE REDUCED TO THE ROLE OF INCOMPETENT BY-STANDERS IN PROCEEDINGS DOMINATED BY DEFENSE LAWYERS, SOME OF THEM UNSCRUPULOUS AND EXPENSIVE, AND BY LEGAL EXPERTS. VICTIMS FREQUENTLY SEE OFFENDERS AT LIBERTY AGAIN 2 WEEKS AFTER THE CRIME. THE JUDICIAL SYSTEM FURTHER DISILLUSIONS ORDINARY VICTIMIZED CITIZENS WITH ITS COMPLEX JARGON, ITS PRACTICES SUCH AS PLEA BARGAINING WHICH APPEAR TO BE DISHONEST, AND ITS TENDENCY TO TREAT VICTIMS LIKE OFFENDERS. AT THE SAME TIME, OFFENDERS CAN ONLY CONCLUDE THAT THEY ARE BEING PUNISHED NOT FOR THEIR OFFENSES, BUT FOR BEING UNABLE TO AFFORD GOOD LAWYERS. VICTIMS' RIGHTS SHOULD BE EXPRESSLY STATED TO ASSURE COMPENSATION. JUDGES AND POLITICIANS SHOULD SEEK TO PROTECT VICTIMS AT LEAST AS CONSCIENTIOUSLY AS OFFENDERS. REFERENCES ARE SUPPLIED. --IN FRENCH. (KMD)