WDW210H1 Compiled Midterm Lecture Notes. Professor Wortley

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Woodsworth College Courses
David Davies

LECTURE 1 Substantive and Procedural JusticeSubstantive Justice the correctness of the law and the accuracy of case outcomes o Law as it stands in legislation laws established by the state Questions do they serve the populous they serveProcedural Justice The fairness of the procedures used to arrive at the verdict in the case o Does not necessarily have to do with the law the question is were they treated fairly o People who view that procedural justice is unjust are more likely to disobey the substantive law They feel that the law is not fair why should they obey it The Adversarial SystemBoth parties the policeprosecution on one side and the accuseddefense on the otherhope to win the caseTrial is heard by an impartial factfinder the judge who ensures that proper legal procedures are followedThe result should be a fair prosecution and trialThe idea is that both sides have a fair TRANSPARENT chance to argue their caseCriticism it becomes more about winning and losing for the lawyers rather than the attainment of truth and justice The Benefits of the Adversarial SystemClear division of roles and responsibilitiesthe crown works for the state the defense works for the defendanto Defense lawyers are often seen as repugnant but the idea is that anyone who enters the system deserves and advocate to administer justice in a just waySystem is designed to hear evidence from both sides o Increases perceived legitimacy in the eyes of the citizensThe legitimacy of the criminal justice system is promoted through the appearance of fairnessLimitations of the Adversarial SystemTrials are very long and expensiveputs pressure on the systemif not for the 90 percent of cases being resolved through plea bargains the system would fall apartThus opposing sides often cooperate to promote system efficiency plea bargainsRelevant evidence may be excluded if the judge feels that it will violate the Charter of Rights and FreedomsOccasionally previous criminal records will be omitted as evidence but since it can bias the jury it is left outGoals of the Crime Control ModelDeter crime 1 Incapacitate criminalsProtect citizensRestore the dignity of crime victimsPunish offendersIncrease system efficiency Goals of the Due Process ModelProtect individuals from the powers of the stateEnhance and ensure the legal rights of all accused personsPromote fairness and quality in the justice systemLimit bias and discretion Stages of the Justice ProcessCrime detectionone way or another must be detected to start processArrest andor chargingAppearance notice summons or detention could be detained for a couple daysPretrial detention or release with or without conditionsFitness hearings preliminary hearingsPleabargainingcan happen anytime during the process but most often happens after preliminary hearingsThe TrialConviction or AcquittalSentencingPunishment o All this is a crime funnel as you go down people escape the system What is PolicingPolicing is the act of maintaining and reproducing social order not just engaged in by the police We do it as wellThe act of policing should be contrasted by the police What are the PoliceThe police are institutions and individuals given the right by the State to use coercive force to maintain and reproduce social order The Role of the Police The Functionalist PerspectiveThere is a consensus within society regarding norms values and laws There is widespread agreement over how to deal with issues of crime and punishmentkThe criminal law is a reflection of this consensus 2
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