Class 2.docx

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Class 2
Link to overhead notes online: http://www.politicalscience.uwaterloo.ca/courselinks.htm
Concept of disclosure I, the state, have to prove you guilty. The burden of proof is on the state
and the prosecutor.
Principles of Criminal Law from the Ouimet Report
- Number 1 to 4
o The main purpose of the criminal code is protection (a serious harm).
o Make sure you remember the presumption of innocence
o Don‟t call it criminal unless it‟s a serious threat or harm
o If there‟s another way to deal with that person then do that so they dont have to
have a criminal record.
- Number 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 jail).
- Number 6: smooth inter-relationship
- Number 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 though).
- Number 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
don`t have to agree with everything but generally they should like the way the justice
system works.
7 General Principles of Criminal Procedure
1. Fairness
2. Efficiency
3. Clarity
4. Restraint restrain yourself rather than doing something too harsh
5. Accountability don‟t abuse the discretion; people are held accountable for their decisions
6. Participation the concept that if people seem that their involved or have a say in something
they 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 w/i
the state”
- criminal statutes - define crimes and set out procedures
- Involves:
1. Detection
2. Apprehension
3. Conviction
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- For the protection of the Accused Rights and Liberties
1. Presumption of Innocence
2. Crown has Burden of Proof
3. Rt. to Silence
4. Rt. to make full answer and Defence
PROCEDURE
@ = against
1st
Police
- Detect/Investigate a Crime
- if RPG exists - Arrest/Apprehension (lay
charge)
- provide Disclosure (of case @ ) to Crown
Attorney
2nd
Crown Attorney
- decides whether and how to proceed on
charge @
Defendant
- (Have Discretion)
3rd
Defence Lawyer
Plea Bargain?
- Obtain Disclosure from Crown and meet with
client
- plead guilty or go to trial (i.e., not guilty)
- Have Pre-trial with Crown and/or Judge i.e.,
discuss whether withdraw charge, opinions on
sentence)
4th
Judge and/or Jury
a) do Guilty Plea in front of and sentences
or
b) go to Trial - decides if guilty or not guilty
and if guilty decides sentence.
*Note: either Provincially appointed (i.e.,
Provincial court) or Federally appointed (i.e.,
Superior Court)
*Note: if Trial @ any Pre-trial Motions or
Applications?
(i.e., Charter Motions, Third Party Records,
Criminal Record Applications, Similar Fact
Motions, Voluntariness Witness, Seabuyer
Applications)
Bail Hearing: Police can charge and give a court date to come back to court they can release
them on the scene on a appearance notice. A Bail hearing do you get your freedom or not
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