LAWS 2301 Chapter : Reading 5.doc

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Ambiguity and vagueness in the criminal law: an analysis of types. Internal contextual vagueness: the most cursory perusal of the code betrays an abundance of vague statutory language, examples: act of gross indecency, indecent act etc, vagueness and generality of statutory language are to some extent unavoidable. In the adversarial or accusatorial system of criminal justice, judges do not themselves conduct investigations into criminal cases independent of both crown and defence, nor do they usually delegate other to do so. It is a well-established tenet in our canadian legal system that the advocates (both. Crown and defence) are expected to act as strong advocates within the first adversarial process. It is both permissible and desirable that the advocates vigorously pursue a legitimate result to the best of their ability. The adversarial system of criminal justice criminal trial: the judge, crown and defence must strenuously strive for perfection in performing their respective roles in the trial process.

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