Evaluating and explaining

Introduction

The purpose of a flowchart is to graphically present information in a logical pattern according to whatis.com (2018), usually showing the progression within a process from beginning to end. This flowchart will illustrate the pattern of progression in the criminal justice systems of Canada and India. In most countries policing, the courts, and the correctional systems are interdependent in this relationship, the police are the first step and the other steps follow in a logical progression. The purpose of mapping the steps of these countries criminal justice systems is to give visual context to this progression.

Criminal Justice of Canada

Police

Canada’s criminal justice system is not that different from other systems from around the world. The Canadian system comprised of the police who investigate crimes, collects evidence, and apprehend suspects for trial in the court system. Canada’s policing uses a decentralized multiple coordination model. In Canada, the federal government is constitutionally responsible for legislating in all areas that relate to criminal matters Braiden (2006), but legislating police activity is the responsibility of the provinces.

Each province has passed a Police Act to meet their responsibilities. Police forces in Canada deal with all types of crimes, from Crimes against Persons to Crimes Against Property according to the Canadian Department of Justice (2017). The crime being investigated will dictate the course of the investigation that will follow. To satisfy their role in the criminal justice flowchart the police must collect evidence and this evidence will be used at trial.

The gathering and preserving of evidence according to rules established within the Police Act and federal legislation spelled out in the Canadian Constitution Canadian Department of Justice (2017). Once an investigation occurs with the collection of evidence, and this evidence obtained through interviews and legally issued search warrants the police will develop a most likely and viable suspect and the police will request an arrest warrant for the suspect spelling out who they are looking to arrest and for what crime they wish to arrest them for.

Courts

The arrest is one of the final steps for the police in this matter and the beginning of the court process. The first step in this process is to put the person in custody into a holding cell usually at a detention center, the person is typically seen by a judge or a justice of the peace as soon as possible, this is usually done in twenty-four hours according to the Canadian Department of Justice (2017). At this point, the judge determines a pre-trial date in some cases will release the party on bail.

A bail hearing allows the prosecution to present evidence in hopes to keep the accused in custody. In the Canadian system, the state has all the expense of investigation, except for those expenses incurred by the defense with one exception, an accused person below a certain income level according to Chris Braiden (2006, February 6). In Canada anyone accused of a crime has the right to stand trial within a reasonable period of time Canadian Department of Justice (2017), the Constitution does not give any specific length of time but judges consider four factors to establish if a reasonable time is possible: one; the length of delay, two; the reason for delay, three; whether the accused agreed to the delay, and four; whether the delay affected the accused’s ability to put forward a fair defense.

The rights of the accused protected by both common law, and legal charter, this means guilt is established beyond a reasonable doubt. The courts also protect the accused from evidence that is not obtained within the boundaries of the legal charter, violating reasonable search and seizure, or if the accused was in some way compelled to supply evidence against him/herself Canadian Department of Justice (2017). At the end of the trial process, a few things can happen, the accused is found not guilty, called an acquittal and the person is free to go. Another outcome is the person is found guilty of the crime with this outcome the judge must decide an appropriate sentence when making this decision judges in Canadian Courts must consider:

1. The seriousness of the crime;

2. The range of sentences possible in the Criminal Code or other statutes;

3. Preventing or deterring the offender or other from committing similar crimes;

4. Denouncing the harm to the victim and the illegal conduct; and

5. The prospects of rehabilitation for the guilty party.

Correctional System

Sentencing is not limited to incarceration but for this assignment, we will follow that path. An incarcerated person in Canada falls under the Correctional Service of Canada and as such this CSC oversees the offender through several stages, starting with sentencing and ending with Warrant Expiry Date or the end of Sentencing according to the guidelines of Correctional Service of Canada (2018). CSC retains custody of all offenders the courts have sentenced for two or more years. Summary offenses in Canada are for crimes deemed minor carry sentences of fewer than two years Correctional Service of Canada (2018).

There is a customary intake process with CSC inmates with an information assessment that includes the offense, court and trial information, victim information, information on the inmate’s family, and any medical information concerning the inmate CSC (2018) The inmate is given a security classification, these classifications are minimum, medium, and maximum security levels are given based on three factors: one; institutional adjustment, two; escape potential or risk, and three; risk to the public in the event of an escape. After an inmate is classified for security a corrections plan is developed.

Correctional plans developed for each inmate, these plans outline treatment and recommend a rehabilitation process for each inmate. CSC provides a range of programs to match the information collected during the intake assessment process, at the same time they address the risk of the inmate re-offending. Each inmate is assigned a case manager to monitor their progress and give counseling, the case manager is part of a team that includes:

· Corrections Officers.

· Parole Officer.

· Manager of assessment and intervention.

· An Aboriginal Liaison Officer (when applicable).

· An Elder (when applicable).

Parole is part of the Correction process, CSC plays a major role in the Parole process. When an inmate is considered for conditional release (parole), CSC makes certain that appropriate facilities are available for holding Parole Board of Canada hearings. CSC supervises the inmate and coordinates the necessary party for the PBC hearing according to Correctional Service of Canada (2018).

Criminal Justice of India

History

The legal system of India has consciously concentrated on preserving the ties to their Hindu or Dharma past, along with concepts found in Islamic legal traditions and added to all of this they have included customs found in British common law according to R.K. Raghavan (ND.). During this time the distinction between civil wrong and criminal offenses was clear. In the Seventeenth Century India became British colony, the British considered Muslim criminal law irrational and draconian Raghavan (ND.), this became an age of change for India for the criminal justice system.

Police

In India the police are subordinate to civil authority of the Executive Branch. The Executive Branch is headed by the Prime Minister at the federal level and by Chief Minister at the State level. Policing in India is decentralized police are represented by the Central Bureau of Investigation at the federal level, Border Security Force state and federal, Central Reserve Police Force, Central Industrial Police Security Force, and the Indo-Tibetan Border Police each one of these units reports to a Director/Director-General who carries the military rank of a three-star general R.K. Raghavan (ND.).

Although leaders in India’s police services are trained by the Indian Police Service, the various states train officers to meet their specific needs, this makes for a complex police structure according to the Encyclopedia Britannica (2018). In India an officer-in-charge of a police station has the authority to investigate crimes considered cognizable offenses. He can involve his subordinates to investigate the same crime under section 157 of the Code from the Indian Police and Law (2013, June 3). Cognizable offenses can be either bailable or unbailable, other cases qualify as Police-remand. Police-remand is no longer cases that allow the police to use mental and physical torture Indian Police and Law (2013), now other forms of restriction fall under police-remand. No admission by the accused is admissible during trial if the circumstances are not supported by rule the admission.

Courts

The court system of India is one of the oldest legal systems in the world, the current system dates back 200 years to the beginning of Colonial rule, India’s courts are an adversarial system according to the Society of Indian Law Firms (2011). The courts of recognize bailable, non-bailable, police-remand, judicial-custody/remand as types of offenses. A bailable offense is an offense that after the production of surety is pledged to secure the release the accused this is done at the police-station level, bailable offenses are also cognizable Indian Police and Law (2013). Non-bailable offenses are instances that the police-station cannot grant to the accused except in cases that meet special circumstances, the officer in charge is also required to present the accused person to a judicial magistrate within 24 hours of his arrest, these 24 hours excludes travel time from the place of arrest to the magistrate’s court. In these cases, the magistrate can grant bail to the accused.

Police-remand mentioned earlier also includes that accused can only be held for a maximum of 14 days Indian Police and Law (2013). Judicial-custody/remand places the accused in custody from sixty to ninety days this time is allowed for further investigation, investigation beyond this point can be granted after the police petition the courts and request additional time to investigate the matter Indian Police and Law (2013).

Correctional System & Parole

The role of in India has changed from merely custodial to a system that emphasizes training and re-education of inmates this comes from An Analysis of Prison Systems in India (ND.). Prisoners are classified as habitual the worst classification for inmates, these prisoners are separated from other inmates for the length of their incarceration. Criminals are considered habitual in India when they use crime as a livelihood, or when they have previous convictions. Other classifications are Star-class, and Ordinary-class these classifications are for non-habitual offenders An Analysis of Prison Systems in India (ND.).

The correctional system in India has a system of parole and After-care for released prisoners. Parole is a general release granted by the correctional system with specific conditions, it is also known as a pre-mature release of an offender after strict scrutiny of long-term prisoners. The principles of parole are:

1. Careful diagnosis of prisoners.

2. Selection for parole is based on the probability that the inmate will do well upon release.

3. Selection for release for those who will not outrage the sense of justice of the community from which the inmate came.

4. Proper employment should be secured prior to parole.

5. Placement in proper surroundings.

6. The institution must prepare for parole.

7. A system to carefully follow- up on inmate.

8. Co-operation with private and public social agents.

9. Full-time parole agents in populated states.

10. The board should not be composed of political appointees. Etc.

Conclusion

This flowchart displays the classic requirements of flowcharts it illustrates how the correctional systems of Canada and India progress through policing, the courts, corrections, and parole. The chart and subsequent essay chronical how history and tradition has helped to form and advance the legal systems in these two countries.

References