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LAWS 2301 (33)
Chapter 4

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Carleton University
LAWS 2301
Ronald Saunders

Criminal Justice System Chapter 4 pages 181196Criminal LawPersonnel Participants and PowersGeneral IntroductionIn addition to looking at the roles they play in the production of criminal law at its operational level it is particularly important to address the issue of how accountable are the agents of the state to the citizens they supposedly serveWhat mechanisms exist or might be established in order to achieve an accountable criminal law system at the level of its enforcement the level that has the greatest impact on those who come in contact with itThis issue arises particularly in regard to the roles played and powers exercised by the police the prosecution and the judiciary The level of accountability is generally not high in regard to these agents in spite of the important roles they play41 PoliceIntroductionThe matter of accountability is particularly important in the context of the police as can be seen in a number of recent issues and events that have faced the various police forces in this countryToday there are various types of forces at the federal provincial and municipal levels enforcing various types of laws enacted at each of these jurisdictional levelsHistorical DevelopmentLaw enforcement is a task requiring incentivesIf enforcement is left in private hands which is by far the cheapest method the incentives can take four general formsFirst victims can be legally empowered to prosecute alleged wrongdoers in hope of receiving compensationSecond citizens can be compelled by law to serve as volunteer policeThird citizens may be rewarded on a bounty system for apprehending offendersFinally citizens can be hired by others to enforce the law as part of general private security servicesFrom a low cost unprofessional police system still largely motivated by personal compensationWestern governments have moved towards a high cost professional police system where little if any funds flow into victim compensationArrest and Compelling the Appearance of the AccusedHistorical BackgroundThe deprivation of liberty has usually marked the beginning of a persons contact with the criminal justice system
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