WDW101Y1 Lecture Notes - Lecture 2: Criminal Negligence, Fide, Fundamental Justice
Document Summary
2 ways to establish entrapment: random virtue testing - no reasonable suspicion about the person or the place, have reasonable suspicion but go beyond providing an opportunity. Legal term for when court process is abused by one of the players. Entrapment : abusive process by police in investigation. General rule: courts( trial judges) have the power to prevent the misuse of its procedure in a away that would: Want process to be fair - due process. Don"t want the process to impact the reputation of the process in general. Is now part of the section 7 of the charter. Laws or conduct is illegal if and only if it is inconsistent with the principles of fundamental justice. Every investigation and trial must be conducted in accordance with principles of fundamental justice. Principles of fundamental justice applies to crown conduct and state conduct as well as the law itself. P of f j - application to process and procedural law.
