Class Notes (811,170)
Canada (494,539)
Criminology (2,415)
CRM1300 (404)
Lecture 4

CRM1300 Lecture 4: CRIM LECTURE 4

4 Pages
Unlock Document

University of Ottawa
Carolyn Gordon

January 24 2107 Legal foundations of criminal justice Where did Canadian criminal law come from? • Derived from British common law • Originated during the reign of Henry II (1154) • Re-defined private wrongs as crimes against the state o i.e. when u steal from your neighbour you are not only hurting your neighbour you are also hurting the state • Circuit judges -> replaced informal methods of seeking justice based in local practices o All previous laws were now being replaced with common law -> law that is used for everyone • Stare decisis-> deciding causes on the basis of situations of similar facts o Lower courts should follow higher o Equal should follow each other o Setting precedents • Why is this important? o Equality o Predictability o Stability o Decisions are uniformed 2 types of criminal law • Substantive law o Written rules that declare which actions will be punished by the state o I.e. criminal code of Canada • Procedural law o Tells us how the rights and duties of individuals can be enforced o Contains safe guards, designed to protect accused o i.e. charter of rights and freedom 1982 Canadian charter of rights and freedoms (1982) • Insure that criminals are treated fairly • 7. Life, liberty and security of person o right to not be deprived of fundamental justice o if guilty deprived of liberty and security • 8. Search or seizure o right to be protected against unreasonable seizure o privacy o without this police can abuse authority • 9. Detention or imprisonment o everyone has the right to be arbitrarily attained or imprisoned ▪ can not take someone without a good reason ▪ need a reason or it will be violation of rights • 10. Arrest or detention (a,b,c) o everyone has the right A. be informed why you are being arrested ▪ if they don’t it is violation o B. right to have legal counsel without delay ▪ You need to be informed of that right ▪ As soon as you say lawyer you need one o C. Hagous Corpos ▪ People under arrest have the right for a judge to decide if arrest was legit ▪ Protects against unlawful arrest • 11. Proceedings in criminal and penal matters (a-i) o want to make sure your right have not been violated because if they have then the case can be thrown out ▪ A. has the right to be informed of the offence ▪ B. every person has the right to be tried within a reasonable amount of time • How long is reasonable time? • For less serious it should be 18 months (from day of charged to the end of trial) • More serious needs more time within 30 moths (from day of charged to the end of trial) o If it takes longer they can get thrown out ▪ C. any person charged cannot be forced to testify at own trial ▪ D. right to be presumed innocent until found guilty -. Beyond reasonable doubt people must be found guilty • Must be consensus and unanimous ▪ E. not to be denied reasonable bail without just cause • Most people should be back in society, no denial of realise unless reasonable cause (bcz everyone innocent until guilty) ▪ F. we should have trial by jury where imprisonment is 5 years or more • Judge or judge and jury ▪ G. court cannot convict a person of a crime unless the court says that the actions were illegal ▪ H. if acquitted of the offense then the person should not be found
More Less

Related notes for CRM1300

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.