Criminal Justice System: Case Studies, Models, and Overcriminalization

This essay delves into the intricacies of the criminal justice system, examining significant cases such as R. v. L.B. (2007) and Canada (AG) v Bedford (2013), highlighting their impact on policing and legal principles. It analyzes criminal justice models, including the due process and crime control models, and discusses the issue of overcriminalization, exploring its implications on sentencing and fairness. The essay also addresses the critical topic of freedom of speech within educational institutions and its limitations, providing a comprehensive overview of contemporary issues within the legal framework. The essay uses examples like the "Kids for Cash" documentary to illustrate corruption and judicial misconduct, and it provides insights into how court decisions shape legal practices and societal perceptions of justice.

Running head: CRIMINAL JUSTICE
Criminal Justice
Name of the Student
Name of the University
Author Note

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CRIMINAL JUSTICE
1
The case of R. v. L.B. (2007) ONCA 596 was one of the most significant cases in 2007. In this
case the court of appeal had overturned a decision of acquittal provided by the trail court which
if was sustained would have changed the policies of frontline policing forever. The court also
provided a powerful message to the criminal justice system with respect to the significance of
school protection. The court also provided the police with considerable leeway with respect to
the investigation of alleged possession of gun in school campuses through egregious conduct"
rule. In this case a loaded hand gun was found in the possession of a student. The police seized
the hand gun from the student when it was conducting a search based in mere suspension in the
school. It was ruled by the court that it is the duty of police to prevent any crime from escalating
or to prevent the crime from happening in the future. Thus if the police are not given such right
as restricted by the trial court they would not be able to continue with their actual purpose. Thus
the decisions of the trial court have been over turned by the court of appeal. A police officer who
has been told a person that is the person who committed the crime cannot simply go and search
the other person according to the system. However such system may be detrimental towards the
proper application of the role of police which is also to stop the crime before it has occurred.
2
The system of American criminal justice has become a theater for the society. Countless TV
series and movies have been fueled by criminal justice. Kids for cash is a documentary which
had been released in the year 2013 in relation to the "kids for cash" scandal which had been
discovered in 2008 in Wilkes-Barre, Pennsylvania with respect to judicial kickbacks. In this
movie two judges accepted judicial kickbacks for sending many kids to juvenile detention

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centers, when lesser penalty could have been provided. Some of the children had only been
accused of minor theft such as CDs form Walmart. A clear and direct point has been provided by
the documentary to the involvement of Conahan’s in the scam and the way in which he had been
involved in many business endeavors which provided the experience required to orchestrate the
scam. The crime has been accepted by the judge Michael Conahan in the film and he is waiting
for a sentence. He had been sentenced for seventeen and a half years as well as a fine if $874000
had been imposed on him for restitution. The plea was not accepted by judge Mark Ciavarella
and had been sent to the prison for twenty eight years which was ten years more than the other
judge. The movie is based on the due process model provided by parker according to which the
primary purpose of criminal justice is to provide procedural fairness and due process under law
(Cole et al.).
3
Over criminalization
When inappropriate penalties are imposed upon individuals without considering the degree of
gravity in the offence the concept of over criminalization takes place. In this situation excessive
sentence or punishment is imposed without proper justification. The system is considered as an
abuse of criminal justice system. This is because the main motive of providing punishment for a
criminal activity is deterrence. Punishment is not provided to cause harm or misery to the
persons committing the crime. The whole life of a person can be wasted in situation where they
have been imposed with penalties which are much more than a crime committed by them. Thus
is a juvenile is provided a three year imprisonment for stealing food from a shop it would be
against the provisions of the criminal justice system (Reiman, Jeffrey and Leighton).

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Selective prosecution is a situation where an individual is selected for the purpose of prosecution
where as others are not. The situation acts as a procedural defense in the process of jurisprudence
where an argument can be provided by the defendant that he or she should not be criminally
liable as they have been discriminated for being selected to be prosecuted. An argument is
provided by the defendants in this case that they should not be relevant even if they are found
guilty as others who have been involved in the same offence have evaded punishment because of
any attribute such as age (Schmalleger et al.).
According to the concept of three felonies a day, normal citizen who live a common life
committee several criminal activities in the normal course of living due to the nature of the
federal crime. The implementation of these crime are impossibly vague and broad.
4
In this article an argument has been provided by the author that the colleges have no right to limit
the freedom of speech by the students. Freedom of speech has been provided the constitution and
is protected by the first amendment to the constitution. However there are exceptions where the
protection under the freedom of speech is not applicable to the individuals. The colleges using
such exceptions restrict the freedom of speech for the students. However according to the crime
control model in criminal justice system emphasis has to be put upon the reduction of crime in
the society and the colleges may argue that the speech have been restricted to prevent crime from
taking place as unlimited freedom of speech in college may initiate anger and incite the students
against the management and may also create an unpleasant environment which would be
contrary to the environment of studies. However the colleges must not imposes restrictions in
such a way as to prevent the students from expressing their voice against any issue faced by them

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in college or against the management’s decisions which are contrary to their interest. Imposing
restriction on speech in early stages of life would produce citizens who would be afraid to raise
their voice against any wrong in the future. It may be beneficial to prevent apprehended criminal
activities however its effects would bring much more detriment to the society (Maxfield, Michael
and Babbie).
6
In the case of Canada (AG) v Bedford 2013 SCC 72, [2013] 3 SCR 1101 the Supreme Court
ruled about the laws in relation to sex workers. The applicants Lebovitch, Valerie Scott and
Terri-Jean Bedford had provided an argument that the laws in relation to prostitution in Canada
were not in accordance to the constitution. A number of provisions are included in the criminal
code which include the operation of a bawdy house, outlaw of public communication for the
purpose of prostitution and availing of prostitution were legal. The right to security as argued by
the applicants was deprived from the sex workers as they had to carry out their activities secretly.
The criminal justice model of equality was in question in this case as the sex workers although
legal were not treated equally by the security system as compared to other citizens. In this case
the court had struck down the prostitution laws of the country specially section 210, 212(1)(j)
and 213(1)(c). The decision had been provided significant support by the public and was only
opposed by 34% of the citizens. However the laws were changed further by the Supreme Court
with respect to dining the concept of rule of law and equity for all in relation to the legal
provisions. The judgment provided by the Supreme Court is a prime example through which the
judges may implement principles of criminal justice in the legal system.

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References
Canada (AG) v Bedford 2013 SCC 72, [2013] 3 SCR 1101
Cole, George F., Christopher E. Smith, and Christina DeJong. The American system of criminal
justice. Nelson Education, 2015.
Maxfield, Michael G., and Earl R. Babbie. Research methods for criminal justice and
criminology. Nelson Education, 2014.
R. v. L.B. (2007) ONCA 596
Reiman, Jeffrey, and Paul Leighton. The rich get richer and the poor get prison: Ideology, class,
and criminal justice. Routledge, 2015.
Schmalleger, Frank, et al. Criminal justice today. Prentice Hall, 2014.