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Lecture 2

LAWS 3306 Lecture 2: LAWS 3306 Lecture 2

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Department
Law
Course
LAWS 3306
Professor
Paolo Giancaterino
Semester
Winter

Description
Friday, January 13, 2017 LAWS 3306 Lecture 2: Models of the Criminal Process The Criminal Process: - Defined: the activities that respond to crime - the triangle process (the law moving in the shape of a pyramid) - Small amount of cases go to trial, a lot of people who are tried with a criminal offence, plea guilty to the offence - Spending is a bottom heavy triangle, - large majority of the spending are going to policing (the most), then corrections, the court system, tip of the triangle is spent on providing legal aid (someone who cannot afford legal counsel) Models - Issues Packers Two Models - Crime-control: • focuses on efficiency (straight line is the most efficient way to get from one thing to another) • Conveyer belt (Has a start and a finish) - At one end we have factual guilt (reasonable probable grounds) • this starts it off and enters them into the criminal system - At the final end of the conveyer belt is Legal Guilt (Beyond a reasonable doubt) This conveyer belt wants to get someone from factual guilt to legal guilt • • In a crime control the legislature is the ultimate authority • what happens after you are found to be legally guilty, what is the criminal sanctions • the criminal sanctions is seen as a positive guarantor of our societal freedoms, this is how we deter people • its there to protect people and property to promote order and social 1 Friday, January 13, 2017 • crime control model recognizes that they need to be efficient with the money and get people from one end of the legal system to the other in the fastest and cheapest way possible • police and crown attorneys screen out the innocent people and then they need to get to the end of the conveyor belt if guilty • police are fact finders, they are concerned with factual guilt not legal guilt • an example, torture, police couldn't investigate in this because of the reliability of the evidence • Lawyers issue in this system is until that person gets onto the conveyer belt they shouldn't need a lawyer, they're not involved until they go to court • no concern with privacy rights in this, police can use different behaviour to get the physical evidence • if the police or crown act inappropriately it is dealt with separately not in the conveyer bend method, its outside this system • this system is to get people to admit guilt as fast as possible • crown has to watch how much money they spend and this should make them act appropriately • checks and balances, in this system - no one is above the law • concept of the trial in this model is not important, the intention is for them to plea guilty, a trial only interprets this • crown in the back of their mind is only on the money that they will spend • pre trial custody is seen as a tool of corrosion , to prevent future crime • appeals are limited • an acquittal of a guilty person is worse then the conviction of an innocent person - Due Process: • example of this is an obstacle course, the start of this is factual guilt then you go through all the obstacles to arrive at the legal guilt • a number of checks and balances throughout this model, these serve as a way to protect peoples rights and liberties, 2 Friday, January 13, 2017 • not efficiency but it worries on fairness of the process • what does the criminal process really stand for • theres a concern of the intrusiveness of how the state effects our privacy interests • attempt to prevent police abusiveness but implying the checks and balances, one way is by decriminalizing certain offences • the victim is the person that is doing the offences, like drugs they are only hurting themselves its a victimless crime and it shouldn't be an offence • when you decriminalize the so called victimless crimes you then are not needing the criminal system • this says the SCC is the end all, they are the overall authority • theres equality in this system • insures poor people are treated fairly and appropriately • pre trial custody (opposite to CC), unless a significant danger to the community then you should be released • violations by state authorities is dealt with in this system not in a separate system, this is because usually the people that are the victims to this are poor people and they don't have the money to start a new trial - they cannot sue the police as an example, they would deal with it in that system itself • presumption of innocence is important here, innocent until proven guilty • frown upon guilty pleas, its a process and not a burden on the system - Context • These models came out in the 1960s, • Its dealing with liberalism in the US and come sort of courts in this time named after the chief justices , • in the 1980s the Canadians followed after the charter came into effect • saw a resemblance to the US 60s time - changes in young persons at this time 3 Friday, January 13, 2017 - the miranda rights being read - the SC of the Us • Packers believed in decriminalization to have things work properly, but this theory was before feminism happened in the US Critics: - Empirical Irrelevance • due process found to be empirically irrelevant • due process rights were greater then itself, • its easier for someone to plea guilty then it is to stay in it for the fight • people are pleasing guilty just to get it over with and not having to go through the process • due process only works in big cases, don't see the effect that due process has until its put into practice • defence lawyers in a way are agents of crime control • and that all parties (crown, judge, police, etc) find a guilty plea to be in their own interests, it will satisfy all actors in the trial - Due Process= Crime Control? • that formal laws created by parliament and judiciary enabled police and prosecutors to exercise their discretionary powers • for example prior to the charter the law was silent on the limits of police powers and a lack of the rules (if they violated your rights) • Canadian law was like a crime control model until the charter which changed it to a more obstacle like system (due process) due process installs a fairness to a trial • • have the process of the Due process system (good system) but looking at it Canada has more of a crime control model in the ways the trials are actually dealt with • if you look at the stats despite the amount of rights we have the prison population has grown 4 Friday, January 13, 2017 • our crime rates are decreasing but the prison population is increasing? we think our system is fair and the checks and balances are in place which is maybe why this is happening • the media in this: rulings that might offend people, etc - Limited Liberal and Adversarial Vision • procedural and political assumptions made by packe
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