CRIM 131 Lecture Notes - Lecture 1: Youth Criminal Justice Act, Precedent, Adversarial System
14 Apr 2015
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Document Summary
Human enterprise: influenced by many factors, decision-making. Level of crime is much higher than incarceration. Absolute power to create, amend and repel criminal law. Constitution: canadian charter of rights and freedoms. Ex: youth criminal justice act (ycja, sex offender info. Registration act: controlled drugs and substances act. Truth will emerge from materials presented by two sides (crown and defense) Ability to choose from different options when making a decision. Concerns: inconsistencies in law application and case processing, disparity in decisions. Some laws might away discretion: ex. Rules of law: magna carta, 1215. Public law: criminal, constitutional, taxation, administrative, (community/ government) Civil law: resolution between citizens, ex. Value consensus model: law represents consensus of society, male in se offences vs. mala prohibita offences, serves everyone. Conflict model: society full of groups in conflict, powerful groups define laws, power maintenance through law inequality. Act or omission prohibited by criminal law: no legal defense. Summary convictions (6 months or/ and : less serious.
