• Prohibitions reflect development of our society
• The criminal code reflects broad consensus, implying that the criminal code reflects the
type of society that we have determined for ourselves. What is permissible behavior,
what is not?
• Why do you believe that the criminal law rests with the federal govt. and not with the
Consistency for knowledgeability
consistency for federalism
• Criminal law could be tailored to the problems of the particular province
• The Canadian criminal justice system attempts at great unity across all of its institutions
but in practice institutions and policy mandates will conflict with one another. Each
component of the criminal justice system, beginning with #1 the police, #2 the courts,
and #3 corrections; they all have their own policy mandates. They all have their own
problems when it comes to funding and their all susceptible to being politicized.
• The courts have a great deal of expression when it comes to interpreting law.
• Minimum mandatory sentence is an example of the government interfering in court
• Due process gave us the charter or rights and freedoms, powered courts, protected
offenders, undermined the process of the victim, and undervalued security of the
• Judges should not be allowed to interpret the law broadly.
• “is there a distinction in being tough or being mean?”
• Two value systems underlining the criminal justice system:
1. Crime control – primary purpose of criminal justice is this; the protection of the public
(law abiding citizens), expression (how), answer through deterrence and incapacitation.
There is an idea that people are all responsible for their own actions. There is an
presumption of guilt. The system is designed to weed out the innocent. Emphasis on the
victim and a deemphasis on the offender.
2. Due process – upheld by the c