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CRIM 2652 (100)
Anna Pratt (38)

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CRIM 2652
Anna Pratt

So, what else is going on? • Criminal justice as DRAMA • Morality plays—trials as morality plays The moral of the story… (picture of maiden holding the scale) • Everyone is equal before and under the law • Justice Official version of law • Impartial • Neutral • Objective • System of resolving conflict Official version of law 1. Adversarial system—key characteristic is a due process system—presumption of innocence 2. Separation of Powers (legislature and judiciary) 3. Rule of Law • Everyone is subjected to the law • Everyone is equal before the law The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.” (Anatole France, 1894). 4. Legal method (not on morals and beliefs) • Stare Decisis: law of precedent • Decisions flow downwards—lower courts have to adopt higher courts (supreme court) lower courts have to honour a ruling from higher courts 5. Abstract, universal subject Socio-historic context: where do these ideas of justice come from?  History of justice linked to history of capitalism  1600s: new class of wealth producers – bourgeoisie  Wealth = money (not land)  Rights and freedoms of individuals  Needed law and rules that is predictable, rational, knowable Bourgeois revolutions (France, U.S) – key feature of the RULE OF LAW. The rules of the game situate us all as equals before the law For the new bourgeoisie equality meant their own liberty and also equality was tied to their concern that the king and their subjects would be subject to the law and not above the law. Only 3% of the population had political representation because in order to sit in parliament, you had to own land  Rule of law, equality, individual rights BUT: mass inequality  Bloody code (1688-1820)— capital offences for property crimes  En
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