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CRM 100 week 1

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CRM 100
Emily Van Der Meulen

LectureOutline September 26, 2011 DivisionofPowers -federal, provincial, municipal CriminalLawvs.Civil TheCourtSystem Tenets Disjuncture Compelling an Appearance Court Structure Case Delays Court Agents DivisionofPowers FederalGovernment by way of constitution Act (BNA ACT) 1867 Federal government is highest level of government only government able to make criminal law, statues and federal prisons 20 years after federation, criminal code was established in 1892 ProvincialGovernment,bywayofConstutionAct Administering criminal justice, (through policing, court systems, provincial prisons) Provincial prisons Provincial quasi-criminal statues (ex. highway act, health act) MunicipalGovernment Quasi-criminal bylaws Cant over step their power removing snow from driveway is a municipal bylaw cannot enact a bylaw that contradict the criminal code, must obey jurisdictions, would be unconstitutional cities try to implement anti-prosutition bylaws, but that is overstepping their power as cities are stepping into federal jurisdictions Criminalvs.CivilLaw Civil Criminal Objectives Compensation Punishment Focus Consequences Criminal Act (Mens Rea and Actus Reus) RulesofEvidenceMust provide Information No Self-Incrimination (are not compelled to provide information that might harm your defence ex. financial records etc) Causality Probable Cause Beyond Reasonable Doubt RelevanceofLaw Retroactive Not Retroactive ( need clarification) ex. nephew who wants to poison aunt for inheritance money, but on that same day he accidentally killed her by backing his car however he can only be charged for manslaughter… because there was no guilty intent( mens rea) in that moment TheCourtSystem Tenets of the Court System -Adversarial -State power to punish ( state is only one which is allowed to punish) -Judicial use of power -Justice done and seen to be done Disjuncture Compelling an Appearance -Information (charging document) has to be sworn either by victim or state... -Reviewed by Justice (determines whether there is enough information, and if they believe it will hold up in court they will give a summons or warrant) -Order to compel the accused (summons or warrant) CourtStructures Determine territoria
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