CRIM 2652 Lecture Notes - Lecture 2: Due Process, Crown Attorney, Police Services Act Of Ontario

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10 Nov 2014
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CRIM 2652: Week 3&4 – Lecture #2&3 Sept 25 & Oct 2, 2014
Understanding Canadian Criminal Justice (I)
1. Due Process and Crime Control
Due Process
Concern to limit, guide and structure official discretion and powers: the end does
not justify the means
Emphasis on individual and procedural rights of the accused: ‘better to acquit ten
parties than to convict one innocent person.’
Presumption of innocence
Due process is by far the most significant dominant model
Henry wanted a divorce from his wife from his first wife, and the pole** wouldn’t
give him that divorce, but he had a couple of problems in doing this, the first came
to do with how Henry came to power
Came to power at the end of what they called “the worst** of the roses” – it was a
battle for control over England between two dominant aristocratic families
And so the British divided basically the two camps and they fought it out to see
who would become/which family would take over the monitors
Henry had a couple of problems, so first problem he had was he had a nobility that
was at least half of **those were opposed to**
And then he had this horny issue of getting divorced, and breaking a way in the
church
So Henry needed to find a way to exercise his control over the nobles without
looking like a bad guy, so he created the Court of the Star Chamber, and the Court
of the Star Chamber was a court in which nobles be brought before the court, and
the judge was Henry himself
So when you hear that criticism, that court are behaving like Star Chamber, what
that criticism really means is that the courts are not operating according to a set of
publicly known/understood procedure and the courts are no longer opening to the
public, there is no accountability
Courts themselves have their rules that the judges have to obey
The rules of due process in many ways impose limits on agents of the criminal
justice system, police powers are limited by these procedural rules
The focus in a due process model of course is on the individuals, the focus is on the
accused and in the agents of criminal justice system
One of the most important concepts in the due process model is the notion of
presumption of innocence
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CRIM 2652: Week 3&4 – Lecture #2&3 Sept 25 & Oct 2, 2014
The due process model looks at the law first
It’s possible in criminal justice system for someone to be guilty in fact but innocent
in law
So, someone could be factually guilty of committing a crime, but the States cannot
touch them for procedural reasons either because crucial evidence was manipulated
or some kind of break down occurred in the investigation process or something
horrible happened in the trial processing
Trials are meant to find facts not truth but facts
And the States can pile up enough facts against the accused, then they hit that
magic pressure** beyond the reasonable doubt, but a pile of facts is not a coherent
story maker, there is a difference between facts and truth
State can built a case against anybody, they can pile enough facts and there is
nothing worse than that
So, truly innocents is not the same as innocents in law, guilt in fact is not the same
as truthfully guilty
What grounds do you have to have in order to appeal a criminal conviction?
oYou have to bring new evidence, so you have to bring new facts and facts
needs to be significant or you have to be able to demonstrate that there was
a significant errors in law
oSo, they would only appeal cases on the basis of the facts, because it’s the
best way to get the power of the court to listen to you, here is the new facts
judge, you gotta look at it because you otherwise would bring the
administration of justice in the…
Romeo Phillion
oSpent 31 years in prison for a crime that he commit, at the age of 42 he was
accused of murdering a firefighter, he didn’t get out of the prison until he
was 73 years-old
oThe Appeal Court in this case, the Crown withdrew charge because they
have said that too many years have passed, the evidence was gone,
witnesses were dead and so, there was no point in trying to pursue the case
anymore
Crime Control
Emphasis on controlling crime, protection of the public and rights of victims
Emphasis on deterrence and incapacitation
Criminal justice authorities should have as much discretion and power needed: ‘the
end justifies the means.’
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