CRM 2300 Lecture 2: CRM 2300 1st Day
Document Summary
Canadian criminal justice system: based on the common law developed in england. Criminal law is created based on liberal philosophy. Free will, individualism, separation from church and state, market is separate from the government, election of the governmental process. We choose how to act and to be perceived by. Criminal offence must have an acts reus or mens rea. Individuals should give up the right to use force to the state: the law we give up a part of our rights for the law. State (criminal law) should punish those who make rational decisions to transgress the law (blameworthy) and to take away the transgressor freedom or property. The role of criminal law is to maximize individual freedom, provide protection for all in the society and provide protection from the overwhelming power of the state. Innocent until proven guilty, on relevant evidence, beyond reasonable doubt. 2 parties involved, one representing the state (accused) and the crown prosecutor.