WDW210 Lecture 1.docx

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Woodsworth College Courses
Jim Davies

JAN, 7 2013 WDW210 Lecture 1 The Canadian Criminal Justice System: An Overview Dealing with the police, courts and corrections Corrections: punishments, those that serve within the community Justice: - What is justice? o “in the eye of the beholder” - What is the difference between social justice and criminal justice? - Justice is contested terrain o Some believe that punishment (prision time, death penalty) saves justice, others believe the opposite Substantive and Procedural Justice - Substantive Justice: The correctness of the law and the accuracy of case outcomes; o more want to see substantive justice done, but in the mist of doing so, procedural justice is the obstacle that comes about - Procedural Justice: The fairness of the procedures used to arrive at a verdict in a case. The fairness of arrest and prosecution procedures. Tyler focuses on procedural justice, and if they are fair and legitimate in the rule of law o Less likely to cooperate and assist prosecutors o Once the procedural justice has been eroded will not run as smoothly The Adversarial System - Both parties (the police/prosecution on one side and the accused/defense on the other) hope to “win” the case - Trial is heard by an “impartial” fact-finder (the judge) who ensures that proper legal procedures are followed - The result should be a fair prosecution and trial (guilty should be convicted, innocent should be acquitted) The Benefits of the Adversarial System - Clear division of roles and responsibilities - System is designed to hear evidence from both sides o Can take as long as they need - The legitimacy of the criminal justice system is promoted through the appearance of fairness The Limitations of the Adversarial System - Trials are very long and expensive – puts pressure on the system - Thus, opposing sides often cooperate to promote system efficiency (ie, plea bargaining) (majority of the accused will never have their day in trial) o Over burden system; expense - Relevant evidence may be excluded if the judge feels that it will violate the Charter of Rights and Freedoms JAN, 7 2013 Goals of the Crime Control Model: - Deter crime Incapacitate criminals Protect citizens - Restore the dignity of crime victims Punish of
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