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University of Waterloo
Political Science
PSCI 100
John Jaworsky

Class 2 Link to overhead notes online httpwwwpoliticalscienceuwaterloocacourselinkshtmConcept of disclosureI the state have to prove you guilty The burden of proof is on the state and the prosecutorPrinciples of Criminal Law from the Ouimet ReportNumber 1 to 4 o The main purpose of the criminal code is protection a serious harm o Make sure you remember the presumption of innocenceo Dont call it criminal unless its a serious threat or harm o If theres another way to deal with that person then do that so they dont have to have a criminal recordNumber 5 o The criminal justice process can protect society only by way of deterring someone with correctional measures rehabilitation or control over the offender putting them in jailNumber 6 smooth interrelationshipNumber 7 discretion a judge jury police etc should not be robotic in terms of what they do in a situations they should be able to assess the situation and react accordingly they need to be able to look at each case individually Mandatory minimum and maximum sentences interfere with this principle thoughNumber 8 Whatever you do you are trying to please most of the people in society For the most part you need to have people respecting the way our justice system work they dont have to agree with everything but generally they should like the way the justice system works7 General Principles of Criminal Procedure1 Fairness2 Efficiency3 Clarity4 Restraintrestrain yourself rather than doing something too harsh5 Accountabilitydont abuse the discretion people are held accountable for their decisions 6 Participationthe concept that if people seem that their involved or have a say in somethingthey are more apt to agree with it or respect the administration of justice Diversion sometimes instead of prosecuting you give someone the right to divert themselves 7 Protection CRIMINAL PROCEDURE A series of actions which must be performed in order to validly administer justice wi the state criminal statutesdefine crimes and set out procedures Involves1 Detection2 Apprehension3 Conviction
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