CRIM 2652 Lecture Notes - Lecture 3: Procedural Justice, David Milgaard

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20 Jan 2016
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Slide 3: due process and crime control. Due process is by far the most significant and dominant law in canada. 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. ". No rules of trial procedure in henry the 8th"s court, he was his own judge. He created his own court because the judge refused to grant him divorce. The importance of due process is seen here. Relative to today because courts are not abiding by our set of procedures. Procedural justice: is about having the agents of the justice system by a public set of rules and behaved and viewed by ordinary citizens. Proponent of procedural justice does not take into account crime control. They believe abiding the law is least important, punishing the guilty is the most important.

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