Lecture 1 Jan 16th 2012 WDW210H1 Professor Wortley

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Woodsworth College Courses
David Davies

Substantive and Procedural JusticeSubstantive Justice the correctness of the law and the accuracy of case outcomes o Law as it stands in legislation laws established by the state Questions do they serve the populous they serveProcedural Justice The fairness of the procedures used to arrive at the verdict in the case o Does not necessarily have to do with the law the question is were they treated fairly o People who view that procedural justice is unjust are more likely to disobey the substantive law They feel that the law is not fair why should they obey it The Adversarial SystemBoth parties the policeprosecution on one side and the accuseddefense on the otherhope to win the caseTrial is heard by an impartial factfinder the judge who ensures that proper legal procedures are followedThe result should be a fair prosecution and trialThe idea is that both sides have a fair TRANSPARENT chance to argue their caseCriticism it becomes more about winning and losing for the lawyers rather than the attainment of truth and justice The Benefits of the Adversarial SystemClear division of roles and responsibilitiesthe crown works for the state the defense works for the defendanto Defense lawyers are often seen as repugnant but the idea is that anyone who enters the system deserves and advocate to administer justice in a just waySystem is designed to hear evidence from both sides o Increases perceived legitimacy in the eyes of the citizensThe legitimacy of the criminal justice system is promoted through the appearance of fairnessLimitations of the Adversarial SystemTrials are very long and expensiveputs pressure on the systemif not for the 90 percent of cases being resolved through plea bargains the system would fall apartThus opposing sides often cooperate to promote system efficiency plea bargainsRelevant evidence may be excluded if the judge feels that it will violate the Charter of Rights and FreedomsOccasionally previous criminal records will be omitted as evidence but since it can bias the jury it is left outGoals of the Crime Control ModelDeter crimeIncapacitate criminalsProtect citizens
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