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LAWS 2301 (138)

Crim Class 5.doc

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LAWS 2301
Ronald Saunders

Criminal JusticeOctober 14 2011 CriticismsDebatesstrategies re perspectivesFeminist perspectivesReference pointsConstitutional definition of crimeHogg articleMacNeilRio Hotel caseCodificationEwaschuckMidterm Consensus vs CriticalBasic differenceConsensus law seen as reflection of those customs most strongly held in society versusCritical law and legal procedures seen as instruments of dominant groups and only understood in the context of larger social relationsExamplesConsensusActs defined as criminal because they offend fundamental values of societyCriticalActs defined as criminal because it is in the interests of advantaged groupsCriticisms of consensus viewDoes not represent way the system works Differentially enforced Does not take into account power differentials Has not been that successful in practice in reducing levels of undesired activitiesRely too often on just technical solutions changes in law rather than seeking outside the law Focus on the individual not structural or wider solutions Reliance on legal solutions not resort to more effective broader social solutionsDebates within ConsensusSearch for better technical solutions How to redefine and reinvent goals and principles for the criminal justices systemMake planning more long termmore open and less politicalsecret Call for greater input into the reform processConsensus StrategiesNew principles for criminal law New Criminal Code new addons and new laws Decriminalizing part of modernizing Code and rhetoric of decarcerationdiversionCrime prevention prevent or punishRestorative justice diversion schemes
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