SOC 3730 Lecture : March 21 week 10.docx

• School: University of Guelph
• Department: Sociology
• Course: SOC 3730
• Professor: Sarah Ciotti

Document Summary

Trials are very expensive for an accused person. Issues with legal aid lawyers, representation and funding: the small portion of cases that do end up going to trial are usually for cases and do not involve injuries. Functions and influences of courts in criminal law: defining scope and substance of criminal law. Courts determine whether the government has acted outside the scope of its criminal law power when passing a law by settling jurisdictional disputes. Interpret and define the criminal code and other federal statues. Decide whether a criminal law violates the charter. Constitution act gave the federal government authority over criminal law. This created tension between the federal government and the provincial/territorial governments. When conflicts arise the courts are often asked to rule on the jurisdictional question. The charter can strike down provincial laws on federal grounds in order to protect fundamental rights and liberties.