LAWS 2301 Lecture : Crim Class 7.doc

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Intended as defence against the power of state through criminal law. If law or process was unfair- could be shut down or remedies. Into play via: challenging legislation creating offence, challenging legislation giving powers, challenging manner in which powers used, effect on procedure at trial. Adversary process: essential feature: the relatively active roles played by the parties in preparing and presenting their cases, and the relatively passive, independent, and impartial role of the judge . Not important: obligation on judges to be more active in finding facts and ascertaining truth. Judicial officer makes thorough preliminary inquiry and if reason to believe d committed crime, then has prosecuting officers prepare indictment: at trial, judges take active role in conducting witness examinations (versus passive role) Issue of accountability: dispute resolving focus, no bureaucracy re policy making, reasons often difficult to discern, focus on procedure, haphazard policy making, few techniques of enforcement, no real supervision mechanisms, uncertainty, slow, limited input/access.

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