January 13 Lecture

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University of Toronto St. George
Woodsworth College Courses
William Watson

WDW325 January 13, 2011 Introduction Lecture 1 Key Players in the System Parliament makes substantive and procedural laws Police investigate crime, first point of entry into the CJS Crown Attorney present prosecution case Defence Counsel represents defendant Defendant has the right to decide whether to testify or not and decides whether to plead guilty or not JudgeJury decision makers with huge amount of powerdiscretion in the system, judge always makes legal decisions, jury makes the factual decisions i.e. whos story is right, what actually happened etc. -each one plays a different role in the system, different rules apply to each one Features of the System Packer, The Limits of the Criminal Sanction 1. Two different models for designing a CJS crime control vs. due process A. Crime Control model aims toward efficiency and control crime through deterrence measures -repression of crime is the most important function of the criminal process -if flaws go unenforced = general lawlessness -focus on efficiency in the system = apprehend, try, convict, and punish -premium on speed and finality -speed requires informal and uniform process -finality requires minimum chance for reviewappeal; strict rules around when a convictionacquittal can be appealed -allow police and crowns to screen out probably innocent people; presumption of guilt vs. a presumption of innocence works more effectively to get people through the system faster -taken to its limit, supports the presumption of guilt for those left after policecrown screening B. Due process -stresses the possibility of error e.g. problems with ID evidence (cross racial identification; high stress identification), inflammatory evidence (excluding irrelevant information, like religion, that could cause issues with fact processing), inability to create accurate memories, caused greatly by stress, if under a stressful situation, you are likely to only notice things that cause the most stress i.e. holding a gun vs. what colour hair -emphasis on formal, adversarial process -demand for finality is low review available indefinitely -focus is on protecting the factually innocent -see the stigma and loss of liberty resulting from criminal conviction as a dangerous state power -distinguishes between legal guilt and factual guilt; factual guilt- did you commit the crime vs. legal guilt- the crown can establish your guilt by way of legally admissible evidence -only legally guilty if factual findings are made in a procedurally fair manner, by legal process -many protective measures to help ensure that no innocent people are punished Features of the Canadian System -on the continuum between the extremes of both models -creation of the Charter of Rights in 1982 pushed us further towards a due process model -but still have elements of the crime control model; summary conviction vs. indictable offences, bail hearings relaxed rules of evidence, reduced sentence for guilty plea; awarding people for making the situation more efficient and its a final result; its next to impossible to appeal a guilty plea -on the whole we are more close to the due process model Canadian Charter of Rights and Freedoms -came into force in 182 -places limits on the states ability to enact criminal law; definition of crime, mens rea requirement www.notesolution.com
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