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Canada (494,121)
Langara College (1,809)
Criminology (206)
CRIM 1116 (19)
K.Chin (19)

crim 135- essential characteristics of courts.docx

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Langara College
CRIM 1116

CANADIAN COURTS: ESSENTIAL CHARACTERISTICS THE ADVERSARIAL SYSTEM Adversarial system- suggests that “the truth“ is most likely to emerge from strong advocacy for opposing points of view. Places its confidence in the counsel who appear before the courts Jury-panel of ones “peers” that is responsible for determining the truth or falseness of facts in evidence at trail mostly used in criminal proceedings not expected to make decisions on the law that’s left to the trial judge Inquisitorial system-places its confidence in the judge or arbitrator who is required to ask relevant questions in an effort to determine the truth of the matter Open access to the courts -Any Canadian can go into any Canadian court -Star chamber- sat in camera (privately) and handed down legal and often arbitrary -decisions that were not open to scrutiny by the public -One exception to the open courts under the YCJA the proceedings of Canada’s youth courts may be held in camera -Youth names can not be published in most cases 2 exceptions if a young offender is nd transferred to adult court they will be treated as such, 2 when judge believes the youth has committed a crime for sure and if they believe the offender is dangerous and or its necessary to publicize the offender for their arrest -If a proceeding is in the opinion that is in the interest of public morals than the judge has the right to make the proceeding private (typically applied to sexual offences) THE FORMAILITY OF COURTS -Judges wear ritual garments and are higher up compared to everyone else in court -Judges referred to as your honor your worship my lord The purposes of courts and the standards for judgments -Canada’s civil court responds to disputes between a plaintiff and a respondent (plaintiff may be asserting rights in relation to contracts w
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