LAWS 3306 Study Guide - Final Guide: Actus Reus, Due Process, Young Offenders Act
6 Apr 2016
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Document Summary
Rapid rise of due process: 1982- onwards a lot of case law where the due process rights of the accused were protected and well defined, due process has been tempered with by crime control. In order to control risk you need to go back to the crime control model. Criminalization of politics: the criminalization of politics refers to dealing with political, social and economic issues using criminal law. Instead of addressing the underlying issues that cause the problem: the criminalization of politics is parliament"s response to due process victories in the supreme court of canada. Parliament responded to these victories by changing the law: example: when talking about terrorism. Parliament cannot simple look at this issue through criminal law. Significant increase in the use of custodial sentences and the length of the sentences: the formal laws enacted by parliament enable police and prosecutors, parks decision (in cases) Classic idea of due process being crime control.
