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LAWS 2301 (138)

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LAWS 2301
Ronald Saunders

Criminal JusticeOctober 21 2011Role of Parliament 31 in textHistoryissuesTrendslessonsCodification role of a General PartRole of the Courts 32 in textLevelspowers Hoskins MurrayInterpretation role Kloepfer PareEwaschuk on codificationCodified existing law in 1892Nothing re principles not a true code No common law offences but common law defences allowed Necessity entrapment intoxicationnot found in code Criminal law not just in codes in cases etc tooMostly piecemeal change since 1892 mostly wording change and addons dont take anything away usually Advantages of legislationPotential advantages Possibility of greater creativity Possibility of greater certainty More knowable and understandable Possibility of better expertisePossibility of more accountability and transparencyMore techniques of enforcement in terms of addressing a problem guilt or innocence and disposing of case remedyMore expertise accountability etcCourts give liability or not Guilty liability or innocenceDichotic arguing for this or against this Host of solutions policy solutions Polycentric so many different policy solutions Nature of form dispute resolution Different than resolving policy More narrow than legislative form Courts take on policy form around dispute resolutionExperienceRealityStatute language often unintelligibleCulpable homicide murder where person just means to cause bodily harm which will likely cause deathOne push for new code is to put it in language people understand
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