LAWS 3306 Lecture Notes - Lecture 1: Herbert Annesley Packer, Equilateral Triangle, Judicial Activism

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Defined as activities and actors that respond to crime. Actors include: attorneys, police, accused, judge, jury, correctional officers. Inverted triangle (from top to bottom): unreported crime, reported crime, pretrial diversion (charges withdrawn or not enough evidence to move to trial), plea bargain, trial. Very large portion of criminal acts are dealt with by a plea of guilt. Often times this is accompanied with a joint recommendation. If not it goes to sentencing hearing where both parties present arguments for the sentence that they are seeking. Regular triangle (represents spending) bottom to top: policing, corrections, administration, legal aid. In 2011-2012 1% of our gdp was spent on cjs. Up on a per capita basis by 22%. This finding is interesting because the crime rate is going down. Part of this increase can be attributed to the change in policy within the canadian criminal justice. When a social issue is dealt with by the criminal law.

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