Similarities and differences between US and Canadian criminal justice systems

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Comparative Justice Systems: United States vs Canada Criminal justice systems in the United States and Canada are considered to be among the best in the world. These systems have been established to help combat the growing rate of crimes, which has become a major issue in both countries. The criminal justice systems in both countries are based on the idea that judicial independence is a precondition to justice. In this regard, the United States and Canadian criminal justice systems have some similarities and distinct features. These features are based on the unique circumstances in each country in relation to the problem of crime. This paper provides a comparison of the criminal justice systems in the United States and Canada. The paper examines the various components of the country’s criminal justice systems to determine their similarities and differences as part of comparative justice systems. Similarities Between US and Canadian Criminal Justice Systems As previously mentioned, criminal justice systems in the United States and Canada are based on the principle of judicial independence. This is one of the underlying principles in the criminal justice system of both countries because of its significance in ensuring justice is delivered to all citizens and residents. Judicial independence is considered as a prerequisite for delivery of justice in both the Canadian and American criminal justice systems (Koonar, 2009). Therefore, the independence of the judiciary is an important factor in the effective functioning of the criminal justice system in both countries. According to the Department of Justice (2016), judicial independence is the cornerstone of the criminal justice system since it provides a framework for the judicial system to function without external interference. As part of promoting judicial independence, the U.S. Constitution and Canadian Constitution have separated the judiciary from the two other branches of government i.e. the legislature and the executive. The second similarity between the American and Canadian criminal justice systems is their root in the English common law system. The legal framework for criminal justice in both countries is derived from the English common law system. This system was established during the period of the Revolutionary War to help in addressing and resolving some of the issues that was facing the society. Consequently, Canada and the United States have enacted constitutions that act as the country’s supreme law and help in interpretation and determination of court cases. The U.S. Constitution is derived from English common law while the Canadian Constitution was also influenced by the English common law to an extent that it was initially referred to as the British North America Act. Differences in US and Canadian Criminal Justice Systems Even though the United States and Canadian justice systems stem from the English common law system, they are very distinct in various aspects (Koonar, 2009). There are significant practical differences or distinctions in the American and Canadian criminal justice systems across various elements as follows: Structure of the Court System The United States and Canada have different mechanisms of binding the country through governing laws, which in turn contribute to variations in the structure of the court system. The Canadian court system utilizes a more unified court structure that is akin to a pyramid structure (Toor, 2018). The unified court structure is attributable to the fact that Canada’s supreme law is a mixture of codified and uncodified acts as well as conventional practices and traditions. The court system mimics a pyramid structure in the sense that it is a four-level hierarchy in which every court is bound by the rulings of a higher court. However, each court is not bound by its own previous rulings or past rulings of other courts at the same level (Koonar, 2009). Therefore, the Canadian criminal justice system comprises many courts with variations in levels of legal superiority and are differentiated by jurisdiction. While some of the courts in Canada’s criminal justice system are federal, others are territorial or provincial. The Canadian court system is more unified through the maintenance of a simplistic structure in which the Supreme Court has more influence over territorial or provincial courts. As a result, Canada’s Supreme Court promotes federalism among provinces and helps to ensure uniformity across governing laws (Toor, 2018). On the contrary, the structure of the court system in the United States is quite complicated though it comprises many courts like the Canadian court system. The American criminal justice system has two distinct and functioning court systems i.e. federal and state court systems. The establishment of a dual court system in the United States criminal justice system is influenced by the concept of separation of powers and federalism, which is enshrined in the U.S. Constitution (Laniewski et al., 2012). The federal court system is mandated with the responsibility of balancing legislative and executive power through determining the constitutionality of rules, policies and procedures by the legislature and the executive. On the contrary, the state court systems handle legal and criminal issues within the state and utilize state laws to determine cases. The federal and state court systems in the United States have three basic tiers i.e. trial courts, appellate courts, and supreme courts (Lumen Candela, n.d.). Since each state has the capability to enact is own laws, the American criminal justice system is characterized by issues relating to federalism and state powers. Criminal Law Criminal law in the United States varies from one state to another. This variation is attributable to the fact that each state has the power to establish its own laws and legal framework based on the major issues affecting it. States have powers to establish different criminal laws under the principle of separation of powers and federalism as established in the U.S. Constitution. On the contrary, criminal law in Canada is under federal jurisdiction and guidance. Therefore, the Canadian criminal justice system has only one federal criminal law and Criminal Code, which is used throughout the country. Even though the structure of the court system allows for establishment of many courts including provincial or territorial courts, these different courts use one federal criminal law (Affleck & Barrison LLP, 2015). Selection of Judges In the Canadian criminal justice systems, provincial court judges are appointed and paid for by their respective governments. The federal government appoints Supreme Court judges who are paid for by the provincial governments. On the contrary, Supreme Court judges in the United States criminal justice system are elected. These individuals are elected from a virtually similar geographical and educational background. For instance, recent Supreme Court judges in the United States were from elite colleges and law schools and were former members of courts of appeal across the country (Bowal & Bowal, 2015). In Canada, judges of the Supreme Court have a relatively wider spectrum of individual background. The wider spectrum is largely influenced by the traditions and structural framework of the appointment of these judges. Policing The United States and Canadian criminal justice systems also differ in policing in terms of the role of the police, size and structure of law enforcement agencies, and use of force. Canada has adopted a community-policing approach in which law enforcement is seen as a service rather than force (Laurier Online, 2017). Based on this approach, the role of the police in a Canadian community is to protect citizens through providing law enforcement services under the framework of ‘police service.’ On the contrary, law enforcement in the United States is based on the framework of ‘police force.’ Therefore, law enforcement officers in the United States are called to deal with criminal activities and/or emergencies in the community. In light of this variation, training of police officers in Canada focuses on developing and instilling community values using team-based problem-solving techniques. In contrast, training of law enforcement officers in the United States is centered on fighting crime and includes individual classwork as well as compartmentalized protocols (Laurier Online, 2017). Consequently, the use of lethal force by the police is significantly higher in the United States unlike in Canada. With regards to the size of law enforcement, Canada has less than 235 police services whereas the United States has 18,000 law enforcement agencies. Corrections The correction system in the United States is divided into three major categories i.e. federal, state and local system.