Class Notes (837,550)
Canada (510,314)
Criminology (2,472)
CRM2300 (281)

1st lecture.doc

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Valerie Steeves

January 13 2012st 1LectureTodays lecture will comprise of the following1 Common law vs Civil Law Liberal Principles of Justice2 PrecedenceStare decisisLiberal Principles of Justice3 Historical background4 Constitutional Issues5 Charter Issues SCCSupreme Court of CanadaOur job is to look at the criminal justiceAnd why the system works the way it doesThere are 2 main systems of law Legal definition of theft was decided through these definitions1Common Law developed in EnglandoThe idea was for judges to go out resolve conflicts on a case by case basisoRooted in the desire of the kings who asserted controls over their territories bring me your problems and we will figure out the rules as we gooLegal precedent the next time a similar problem comes up we will go back to that similar case and apply that same rulethe rule that came up the first time will apply a second timeAlthough each case becomes a legal precedentoDistinguishing on its facts come up with new rules ei In the year 1940 a bar owner would be able to serve alcohol to whoever he wanted and was able to refuse whoever he wanted based on race sex etcHowever in 1960 the law was changed and eventually distinguished to non existenceoRules established at the beginning they can be updated but you always have to go back to that codeoLaw always depends on the factsoBased on how to treat individuals fairlyMore emphasis based on the individualsoAs the legal precedents develop over time it gets a little messyoThe rule of stare decisis Latin term says that lower courtsempirical lower courts in the chain of appeal are bound by the decisions of higher courtsPrinciple of stare decisis is different then legal precedentsEx when the charter was in acted we had constitutional protections from freedom of protectionConstitutional challenge you cannot go up to someone saying hey baby can you do x to meThe argument was that this was unfair restriction You had different decisions from different courts whether it was a constitutional rights against freedom of speechOnce it
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