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It is easy to get a criminal record. Simply being accused of a crime will lead to police making a record (usually called incident or occurrence report) of the event, even if no charges are laid. And if police do decide to lay charges, which they will do if they have the slightest belief that the person is guilty, fingerprints and photographs are taken. These become a criminal record, even if the charge may not result in conviction, if the person is found innocent, or if the case is thrown out of court. The vast majority of people with criminal records are everyday folk. They have jobs. They are mothers and fathers. They pay taxes. They don't own guns, and do not hang out in gangs. In Canada, 4.5 million adults (one in five) have been charged with a crime. More than 500,000 people are charged every year. This means that you, or one of your family members, a friend, a neighbour, or someone else you care about has, or will acquire, a criminal record. Criminal records can adversely affect your ability to get a job, to rent accommodation, to secure a mortgage, to travel, to do volunteer work, to become a Canadian citizen, and much more. This book explains what criminal records are, how they impact peoples' lives, and how a criminal record can be removed.
For over sixty million Americans, possessing a criminal record overshadows everything else about their public identity. A rap sheet, or even a court appearance or background report that reveals a run-in with the law, can have fateful consequences for a person’s interactions with just about everyone else. The Eternal Criminal Record makes transparent a pervasive system of police databases and identity screening that has become a routine feature of American life. The United States is unique in making criminal information easy to obtain by employers, landlords, neighbors, even cyberstalkers. Its nationally integrated rap-sheet system is second to none as an effective law enforcement tool, but it has also facilitated the transfer of ever more sensitive information into the public domain. While there are good reasons for a person’s criminal past to be public knowledge, records of arrests that fail to result in convictions are of questionable benefit. Simply by placing someone under arrest, a police officer has the power to tag a person with a legal history that effectively incriminates him or her for life. In James Jacobs’s view, law-abiding citizens have a right to know when individuals in their community or workplace represent a potential threat. But convicted persons have rights, too. Jacobs closely examines the problems created by erroneous record keeping, critiques the way the records of individuals who go years without a new conviction are expunged, and proposes strategies for eliminating discrimination based on criminal history, such as certifying the records of those who have demonstrated their rehabilitation.
A Series of Reports of Important Decisions in Criminal and Quasi-Criminal Cases in Canada Under the Laws of the Dominion and of the Provinces thereof, with Special Reference to Decisions Under the Criminal Code of Canada, 1892, in All the Provinces; with Annotations, a Table of Cases Cited and a Digest of the Principal Matters.
Canadian Criminal Law in Ten Cases explores the development of criminal justice in Canada through an in-depth examination of ten significant criminal cases. Martin L. Friedland draws on cases that went to the Supreme Court of Canada or the Privy Council, including well-known cases such as those of Louis Riel, Steven Truscott, Henry Morgentaler, and Jamie Gladue. The book addresses such issues as wrongful convictions, the enforcement of morality, Indigenous experiences with criminal law, bail and trial delay, and the impact of the 1982 Charter of Rights and Freedoms on the criminal justice system. Friedland describes in a masterful way the factual background of each case and the political, social, and economic conditions of the time. Each character – the accused, judges, and counsel – is described in detail, as are the relevant laws and procedures. Friedland includes recommendations on how the criminal justice system can be improved, such as by creating a new federal commission devoted solely to criminal justice and by the enactment by Parliament of enhanced codes of evidence and criminal law and procedure. Canadian Criminal Law in Ten Cases is an indispensable guide to understanding the criminal justice system for lawyers, students, and anyone interested in criminal law and the administration of criminal justice.
The focus of this book is the policing of modern society and the risks involved. It explores various issues and factors effecting policing communities, particularly communication and police organization.
How is modern-day thinking about crime different from that of previous centuries? What are the similarities and differences in attitudes and systems between the civil and common law societies of Europe and North America? These and other questions were addressed at an international conference on crime and criminal justice at The University of Calgary attended by historians, professors of law, judges, and criminologists. The essays in Part I consider the evolution of criminal law doctrine, and those in Part II analyse the theory and measurement of crime in the past and at present. Parts III and IV examine the courts and prosecution, and Part V assesses the historical roots of the insanity defence and the theory and practice of punishment. The volume will be of interest, across national boundaries, to historians, sociologists, social workers, lawyers, and persons involved in the administration of justice as well as the general reader concerned about civil rights, social values, and justice. The eighteen contributors include F.H. Baker, J.M. Beattie, W.A. Calder, T.C. Curtis, D. Hay, H. Diederiks, A. Lachance, His Honour W.G. Morrow, A. Soman, and S. Verdun-Jones.