CRI210H1 Lecture Notes - Lecture 1: Sentenced, Clearance Rate, Canadian Association Of Elizabeth Fry Societies
1 Feb 2017
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Difference between social justice and criminal justice justice is contested terrain. Consensus crimes: crimes such as, murder, rape, theft that are undoubtedly unacceptable. Substantive justice (substantial justice): the correctness of the law and the accuracy of case outcomes e. g. homosexuality is criminalized in some places and great debate is sparked over the substantive justice of these laws. Procedural justice: the fairness of the procedures used to arrive at a verdict in a case. the fairness of arrest and prosecution procedures. e. g. is the system fair or are some groups given an advantage over others. The right to a proper and educated defence (legal aid). Right to remain silent, right to prove innocence, right against cruel and unusual punishment, right to prepare a defence, right to trial by jury. If these rules erode then it is more likely for citizens to come to distrust the system. Substantive vs procedural = correct way of getting to an outcome vs.
