Study Guides (248,450)
Canada (121,558)
York University (10,209)
Criminology (158)
CRIM 2652 (38)

CJS test 4 - part 2.docx

2 Pages
Unlock Document

CRIM 2652
Amanda Glasbeek

 Official Version of Law (Ngaire Naffine) - the picture law draws of itself - idea about law is best symbolized by the “Blindfolded Maiden” – holds the scale to dispense justice  Official Version of Law 1) Adversarial System - two parties who have a dispute - the law is where we go to find truth among the two - task of the judge is to hear all sides of the story and to make a determination based on the arguments and the evidence which have been presented - judiciary must be a neutral party 2) Separation of Powers (legislature and judiciary) - maintain the first point - judiciary – neutral empires - different ways of achieving answers - maintain the greatest interest of judiciary; public chooses the judiciary - judiciary are accountable to the public - we appoint our judges b/c we want our judges to be noble; pursuit of justice – 10 years of life 3) Rule of Law - most important - everyone is equal subject to the law - law will treat everybody equally - equal impartiality of the law is the foundation in society - chief measure of inequality: for some people 4) Legal Method - cases must be decided on fact not on values - ensure that the application of the appropriate rule will reveal the truth - we will have a set of common rules - scientific method – value free, neutral, objective set of rules to be tested to arrive at a verdict - Stare Decisus/Precedent – stand by legal matter or the rule of precedent; like cases must be treated alike; b/c we have a set of laws to be fair - Decisions Flow Downwards – all decisions flow downwards so once the supreme court has decided on a particular rule, every court below it must follow the same rule 5) Abstract, Universal Subject - key theme emerges – law presents itself - in order to do this, law has to assume a particular subject who comes before it - this subject is removed from real world conditions – like gender, class differences - the legal subjects assume by the legal system of law has no race, gender or class - to make this assumption, the law engages as a double trick – goes one way or the other to arrive where it wants to arrive at, knowing that we do come from different circ
More Less

Related notes for CRIM 2652

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.