LAWS 3306 Study Guide - Midterm Guide: Embezzlement, Brothel, Henry Morgentaler
27 Feb 2017
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Factual guilt (point a: similar concept of reasonable probable grounds, factual belief person has committed offence. Legal guilt (point b) interacts with us and what effect it has on our privacy. Rely on police/crown to screen out innocent people determining if crown has proved guilt (mens rea and actus reus) Want to get from point a to point b as quickly and efficiently as possible: beyond a reasonable doubt what judge has to apply in. Factually guilt doesn"t mean you are legally guilty: positive guarantor as societal freedoms what deters people from. Concept of efficiency is based on amount of money it"s limited so take. Police are fact finders, only concerned with factual guilt given broad. Lawyers aren"t involved until case goes to trial. No issue with search and seizure innocent people have nothing to hide. Misconduct by police/crown are not dealt with inside doesn"t enter.
