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Lecture

Crim Class 3.doc


Department
Law
Course Code
LAWS 2301
Professor
Ronald Saunders

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Criminal Justice September 23
Class 3
Preliminary Points
Criminal law system
Not a constant- it changes over time
An unknown system- people don’t know who is responsible for what.
Most people are uninformed about what the criminal justice system
does
It is also presented as a formal system
Lawyers
Process has been moved from individuals
It is not a coherent whole- there are different jurisdictional levels which
makes it not coherent
Its often an unprincipled system- there are so many systems that some
systems don’t even know what other components are doing
It is compartmentalized
There is a lack of principles within the criminal law system (for some
systems, drunk driving is a big deal, for others it may not be)
The criminal code itself, it is also compartmentalized because it
focuses on a parliamentary issue with consideration to the Code
Often preserve of legal professionals. It has been removed from 1
individual and given to legal professions and now people want a
different type of participation, they want a community to be put into it
Legal Professionals
Focus on procedural aspects effect on policy making
When it comes to criminal law there is rather a procedure system instead of policy
making aspects of the system
It is very much focused on the formal law and knowledge of what “ought” to be
Focus on law as a “solution”
It teaches us to look at problems in law and no where else
They give it technological solutions rather than a societal solution
Bias in creation and enforcement of criminal law
It is mostly from a middle-upper class profession
It could be looked at from a gender aspect
It could be looked at as who gets to a higher level
All this influence of creation of law and its enforcement and this leads to
problems
Criminal trial seen as central to criminal law
There is a view of criminal trial essential to criminal law. Trial draws more people
to the system
**Mitchell chapter 1
Types of definitions of crime:
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