LAWS 1000 Lecture Notes - Lecture 9: Donald Marshall, Jr., Performance Measurement, Miscarriage
24 Dec 2016
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Document Summary
Righting the wrong: dealing with the wrongfully convicted. No legal fees for the wrongfully convicted. Establish continuing education programs for crown prosecutors. Right to a system of justice they respect, and which respects them. Funding for improved and specialized legal aid for aboriginal issues. Better guidelines for the reinvestigation of police conduct/cases. Clearer policy direction for the use of prosecution in plea discussions. Amend the criminal code to provide for full and timely disclosure. Profiling, stereotyping, and the generalization of specific experiences. Differential enforcement: geographically targeted policing, discretion in laying charges, perception of invents, subjective power to react, pre-trial imprisonment, proceed or withdraw, sentencing. Normative model (what ought to be) vs. institutional practice. Crown prosecutor and the duty to prevent injustice. Noble cause corruption and the promise of private litigations. Duty to disclose to ensure proper legal process and justice being served. Hiding evidence can be the interest of justice can be abused in order to win.
