Philosophy 2080 Lecture Notes - Lecture 1: Crown Attorney, Public Law, Determinative
4 Dec 2017
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American criminal cases- the people v. larry flint. English criminal cases- director of public prosecutions v. smith. General deterrence- deterring the public from committing crimes. Specific deterrence- deterring that specific person from committing more crimes. Reasons: first- crown may not want to prosecute because their principle witness is reluctant to give evidence which will affect how the crown views its reasonable chance of obtaining a conviction and they may withdraw charges. This is done in front of a justice of the peace and there is still some latitude in the (cid:272)(cid:396)o(cid:449)(cid:374)"s offi(cid:272)e a(cid:271)out the p(cid:396)ose(cid:272)utio(cid:374) of the (cid:272)ase. This defense exists at common law and a version of this defence is also found in the criminal code. Some defences have been codified and some remain at common law: they are both statutory and common law defenses. The doctrine of strict construction: another means by which the accused is protected from wrongful conviction.
