LAWS 3306 Lecture Notes - Lecture 2: Restorative Justice, Adversarial System, Victimless Crime
27 Jan 2016
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Document Summary
Treating poor people, minorities, etc differently in the cjs (for the better) Disproportionate amount of people in low socio-economic groups involved in cjs. A battle between the state and the accused. Helps to control power of authority figures knows that the poor/ minorities cannot deal with putting accusations/ charges against police, etc. Four critiques for his theories: empirical irrelevance: Empirical studies show that all actors (lawyer, judge, police, corrections) in this process share a common goal. The cost of invoking a due process right is often greater than the right itself. It is easier to plead guilty most re-offenders are aware of this: due process equals crime control: Formal laws enable police to exercise broad discretionary measures. Laws use to be vague and there was not much info on police power. After the charter, the courts have look further into police behaviour and protecting the rights of accused created investigatory measures for police.
