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CRM2300 (281)
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January 16.docx

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Department
Criminology
Course
CRM2300
Professor
Valerie Steeves
Semester
Winter

Description
January 16, 2013 Common law (cont.) 1. Crime control Model - CJS to repress crime through a managerial approach - Police screen out innocent people- therefore it assumes that anyone in the system is guilty - It is efficient to have defendant plead out - Trial > quick and efficient - From this POV appeals are waste of time - Focuses on getting bad guys off the streets 2. Due process Model (liberal values) - To protect D (defendant) – who is vulnerable to the state’s monopoly over the use of force - To ensure loss of liberty is fair - Procedural rules to restrict what the state can do. Because the state has all the power there are procedural rules. the CJS is in place to hold (agents of the state) to account for (mis)-use of power - The idea is to protect everyone’s freedom - Look up and highlight Ss 7-11 criminal code. Section 7&8 Make sure that individual autonomy isn’t compromised, people’s freedom isn’t taken away, making sure that state can’t abuse its power. When looking at Cases in common law, we’ll be looking at: 1. Rule of law - Concepts, definitions 2. Facts of each case  In these, we can either apply the law, create a new law, or avoid previous rule- “distinguishing a case on its facts.” Pg. 37 Penny  Justice Mclaughlin- “it is to the control of the superior power of the state vis-à-vis the individual who has been detained by the state, and thus placed in its power, that s.7 and the related provisions that follow are primarily directed”  Wilson, J- “designed inter-alia to circumscribe the coercive powers of the state within the boundaries of justice and fairness to the individual.7 Criminal Process Arraignment - The formal charges are read to the defendant Plea - (Not) Guilty. The plea not guilty is to
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