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6th lecture.docx

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Valerie Steeves

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thFebruary 7 2012th6 Lecture Todays lecture will comprise of the followingRole of TJ Cr Att and Defence 3 Criminal trial as Social Ritual a Reproduction of political authority b In symbolically organized space c Through repeated visible ritualsy Rituals acting in order for us to take that use of force or violence and reconstruct it in legal authority rituals by definition require action and participationCant turn it into legit authority without that collective actiony In order for the ritual to happen you need to have public participation because it is the public participation that lets us buy into the processy Behavior is strictly monitored no talking no texting etcCommissioners standing in the back to verify that you arent doing this they will kick you outy Rituals create a sense of communityy Public participation is very important and essential for it to work but there has to be an invitation for the public to come The main action is happening in the triangle judge and 2 lawyersy The TJ defense council and the crown attorney are the celebrantsThe main player is signified throughritualized dress required to wear certain clotheslawyers are required to wear black shoes if you are a woman the color of your panty hose is regulated grey or blacklawyers at the supreme court need to wear robesYour clothing has to conform to the ritual There is also ritualized speechEx when a witness comes up they say do you swear to tell the truth etc a form of ritualized speechThere are also ritualized responsesThe accuse can plead guilty or not guilty there are no other optionsThe whole idea is that it is one of the ways that signifies what it socially importanty All of these come together and confirm the ritualized speech and thats how we reproduce political authorityy There are other players in the ritual but they are not given so much significancey The whole point of the ritual is so that the state doesnt abuse the power over the accused It also makes it easier to come up with more effective solutionsy It also makes it easier to more critically assess reformsreforms in the criminal code almost all of them make it easier for cops to get a conviction ex MADD started off as a victims reform then became a professionalized associated and had links with the police Black letter law that is used to established throughout the criminal processResponsible on the midterm how this functions the stepsy Criminal Liabilityonly want to punish the accused if the accuse is blameworthy ex did Joe commit the crimeIf the state wants to punish this guy they have to jump through the hoopsIn order to determine if someone is blameworthy and to punish there is a Latin term called Actus non facitreum nisi mens sitreameans that the act isnt guilty unless the mind is guilty also The first thing you have to do is look at the criminal code to determine if someone is guiltyy is there an established crime that is made up of not just must prove the following 2 things when you get to trial You have to go to the criminal code action and mental statestst1 Question Actus Reus prohibited action action 1 question did this person commit ndthe action If yes they go to the 2 question3 forms of Actus Reus1 Actions 2 States of being 3 Omissions nd2 Question Mens Rea have the required guilty mind mental state that you nd violated2question did he do it on purposeif no then he walksrd DefensesExcuses once you established the actus reus and the 3 Possible Questionsmens rea there is still another question a defense or excuseIf you have some kind of defense self defense provocation then the court looks at this However if you establish criminal liability then you are guilty beyond reasonable doubt Then you get to punish someone SentencingFinal Result if both questions are metyou need both to convict someone actus rea and mens rea ex S290 of the CC
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