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Lecture

Crim Class 5.doc


Department
Law
Course Code
LAWS 2301
Professor
Ronald Saunders

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Criminal Justice October 14, 2011
Criticisms/Debates/strategies re perspectives
Feminist perspectives
Reference points
Constitutional definition of crime
Hogg article
MacNeil & Rio Hotel case
Codification – Ewaschuck
Midterm
Consensus vs Critical
Basic difference:
Consensus: law seen as reflection of those customs most strongly held in society;
versus
Critical: law and legal procedures seen as instruments of dominant groups and only
understood in the context of larger social relations
Examples
Consensus
Acts defined as criminal because they offend fundamental values of society
Critical
Acts defined as criminal because it is in the interests of advantaged groups
Criticisms of consensus view
Does not represent way the system works. Differentially enforced
Does not take into account power differentials
Has not been that successful in practice in reducing levels of undesired activities
Rely too often on just technical solutions (changes in law rather than seeking
outside the law)
Focus on the individual, not structural or wider solutions
Reliance on legal solutions, not resort to more effective, broader social solutions
Debates within Consensus
Search for better technical solutions
How to redefine and reinvent goals and principles for the criminal justices system
Make planning more long term/more open, and less political/secret
Call for greater input into the reform process
Consensus Strategies
New principles for criminal law
New Criminal Code (new add-ons and new laws)
Decriminalizing- part of modernizing Code and rhetoric of decarceration/diversion
Crime prevention. (prevent or punish)
Restorative justice (diversion schemes)
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