LAWS 2301 Lecture Notes - Lecture 8: Adversarial System, Selective Enforcement

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18 Oct 2014
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Laws 2301 – November 11 – Lecture 8
Adversary process and the Charter (Young)
Police (chapter 4, section 1)
- History, functions
- Selective enforcement: how/why?
- Powers, duties, realities
- Review/accountability mechanisms
Adversarial System & CCRF (Young in textbook)
- Isolated cases of success with CCRF but not to degree that we think it’s there ->
no significant structural reform of criminal process
- Adversarial system has stymied rights as it leaves it up to (the parties) defence to
advocate and protect
- Control of process is left in hands of litigants
-need institutional mechanism for supervisory, quality control
-all players should bear burden
-too often just symbolic value
-too often procedural rights seen as obstacle
Issues around discretion
-inevitability
History - Mitchell
-Paramilitary organizations which grew out of citizen policing as society became more
urban & diversified: led to state systems of policing
-Private policing wasn’t enough
Law enforcement choices (private):
-victims enforce law
-citizens forced to serve
-bounty system
-citizens hired
-more social complexity = less likely to know offender/volunteers = hard to countinue
(free riders took advantage)
-evolved into high cost, professional police forces that serve as government-mandated
-part of take-over of criminal justice system by state
-Police able to police themselves – obviously issue of accountability
Functions of police
-Maintain law and order and protect
-Prevent crime
-Detection/arrest
-Charging responsibilities (often with the Crown)
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