LAWS 2301 Lecture Notes - Lecture 8: Selective Enforcement, Adversarial System
Document Summary
Laws 2301 november 11 lecture 8. Isolated cases of success with ccrf but not to degree that we think it"s there -> no significant structural reform of criminal process. Adversarial system has stymied rights as it leaves it up to (the parties) defence to advocate and protect. Control of process is left in hands of litigants need institutional mechanism for supervisory, quality control all players should bear burden too often just symbolic value too often procedural rights seen as obstacle. Paramilitary organizations which grew out of citizen policing as society became more urban & diversified: led to state systems of policing. Law enforcement choices (private): victims enforce law citizens forced to serve bounty system citizens hired. More social complexity = less likely to know offender/volunteers = hard to countinue (free riders took advantage) evolved into high cost, professional police forces that serve as government-mandated part of take-over of criminal justice system by state.
