CRM 1300 Lecture Notes - Lecture 13: Crown Colony

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6 Feb 2016
Nov 9 2015
The Courts
The Law: What The CJS Applies and Enforces
- crim. law is designed to protect society from actions or behaviours it considers harmful
or potentially harmful to collective life
- There are several different mechanism through which the law is thought to work to
achieve these aims - these are the logics of punishment:
- Retribution - punished with just measure of pain (you deserve to be hurt yourself)
-Deterrence - classical crim beccarian principle → in your rationality will
assess whether crime is worth it or not and signal to society that this
will happen to you as well so think before you act
- Rehabilitation - improving your mental health/ skills level/ social bonds/ root of
your behavior that will reduce likelihood of crime
-Incapacitation - might just take you out for you to less likely to oend
→ more repetitive your criminal behaviour, more likely your
incapacitation + release you when you’re ready to be released
- Judges meant to assess these and apply them to your unique case
- Typically the more welfare liberal government, the more space we give judge to express
their credibility
-Neo liberal/ socially conservative = a government the less likely to trust the
experts → leave it to the government
Criminal Procedure
- There are three discrete (sometimes overlapping) stages to criminal process:
- Investigation
- Prosecution
- Sentencing
- All of these have role in court process, not just the judge
Investigation: Police and Crown
- Police are responsible for gathering evidence leading up to the laying of charges in
criminal investigations
- Ultimately decision of police whether or not to lay a charge but Crown tells them to do it
or not based on how much evidence they have or lackthereof
Prosecution: The Courts
Prosecutorial Stage
Factually guilt VS Legally guilty
-Factually guilty → evidence of a persons commission of a crime
-Legally guilty → not only on evidence, but that the state behaved legally
Crime Control VS Due Process Model
Perspectives of Criminal Process
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