LAWS 2301 Lecture Notes - Lecture 8: Adversarial System, Selective Enforcement, Criminal Law
11 Nov 2016
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Document Summary
Recent ottawa case r. v rouschop: http://news. nationalpost. com/news/canada/man-found-guilty-of-raping-two- ottawa-women-as-jury-rejects-small-penis-defence. Process issues: adversary process (cohen, adversary process and the charter (young, vigilante action. Review/accountability mechanisms: note: assignment due next class, november 18. Issue to consider: racial profiling and policing https://www. thestar. com/news/queenspark/2016/03/22/province-updates- carding-regulations-for-police. html. Isolated cases of success with ccrf but no significant structural reform of criminal process. Adv. system has stymied rights as leave it up to defence to advocate/protect. Need institutional mechanism for supervisory, quality control over process and clear comprehensive rules re rights. All players should bear burden to protect and defend rights. Too often procedural rights seen as obstacle to achieving justice/truth. [is the charter] being stunted in its development by the underlying. Paramilitary organizations which grew out of citizen policing as society became more urban & diversified: led to state systems of policing. History is one of eclipse of private prosecution & policing. Rural/non-commercial societies: often 1st two (along with corruption/unfairness)
