LAWS 2301 Lecture Notes - Lecture 4: Malum Prohibitum, Norm (Social), Restorative Justice
21 Oct 2016
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Document Summary
The criminal justice system of canada does not act as a whole, there are lots of variables that change the laws and resources offered. Possible goals (lrcc- law reformed commission of canada): A level of fair and proportionate action or consequence that would effect the offender. Create a social norm and if broken, enforce. Criminal laws should only exist to assist in protecting harm. (cid:862)underlying values(cid:863) approach the criminal law is there to protect and describe the underlying values. Lrcc: true crimes (mala in se) v. mere offences (mala prohibita): Mere offences violate useful rules while crimes violate necessary or essential rules. Crimes are wrong of a greater generality than mere offences. Crimes are more obvious wrongs than mere offences. No conduct should be defined as criminal unless it represent a serious threat to society and cannot be dealt with through other social or legal means the law enforcement, judicial and correctional processes should form an inter-related sequence.
