WDW101Y1 Lecture Notes - Controlled Drugs And Substances Act, Hybrid Offence, Narcotic Control Act
5 Feb 2013
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Document Summary
Uses of criminal law: regulate morality (was one of the primary function of law historically) Reflect societal values: define the limits of acceptable behaviour. Forms the basis of social contract : what we essential agree to do and not do in society. Boundaries change over time: certain things that were crime now, no longer are vice versa. Limited consensus of what should be crime; debates where it should be decriminalized/criminalized: e. g. possession of marijuana, abortion, homosexuality, prostitution. Justify imprisonment/deprivation of liberty: protect society from harm, could be economic, social, physical, etc. Informal social control community/peer pressure: formal social control. );don"t have to criminalize something to regulate it. Therapeutic model; regulation through medical route: nothing; may be things in the criminal code that we don"t think should even be regulated, e. g. waterskiing at night. Enact legislation, explains what constitute crime: police. Defence those accused of crime: court. Interpret legislation, strike down unconstitutional legislation, apply legislation, determine guilt/innocence, impose sentence.
