Lecture 1 Jan 12th 2012 WDW325H1 Professor Breese-Davies
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Overview of the criminal procedure: key players in the system, key features of the system. Police investigate crime -> the police have a huge amount of power, they investigate the entire case and gather the evidence. They also decide whether to lay charges or not. Crown attorney present prosecution case -> in ontario, they play no role in the laying of the charges. However, they decide whether to prosecute and how to prosecute. They have the power to withdraw charges if they feel there is not enough evidence. They also have the power to negotiate plea bargains. > they attempt to prevent the crown from proving beyond a reasonable doubt. Or present a formal defense (provocation, self-defence, etc). Defendant -> can represent themselves, otherwise have a defence counsel and they are relatively silent throughout the process. Judge / jury -> jury decides the facts and what they think happened, and they decide guilt or innocence.