CRM 2300 Lecture Notes - Lecture 2: Morality Play, Tral, Liberal Democracy
Document Summary
14. 09. 12: procedure (liberal due process) - embedded with liberal assumptions about the role of the criminal law in negotiating the democratic between the citizen and the state. Everything is structured around due process rights (procedural rules) 1. accused is presumed to be innocent - give people room to make their own choices and we wait to deal with the consequences. 2. arraignment- accused must be read the charge. has the right to know the case that is against you. 3. plea - guilty or not guilty, presume innocent but is up to the state to prove beyond a reasonable doubt that you did it (the burden of proof/ onus rest on the crown) 4. crowns opening statement / examination in chief of crown witnesses. B) re-examination of the crown witnesses by crown (if necessary) Resolve disputes through talk / the criminal trial is a discursive process. 5. directed verdict - defense counsel appeals that the crown has not proven anything.
