CRM 1300 Chapter Notes - Chapter 2: Mitigating Factor, 18 Months, Criminal Record
29 Sep 2013
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Constitution (1867: fundamental principles that guide the application and enactment of laws by the courts. Case law: application and interpretation of laws as they apply in any case. Statute law: prohibits/mandates certain acts (cc, through these criminal law created, changed, eliminated, only parliament has power to enact criminal law. Administrative law: laws written by regulatory agencies. Rule of law: promotes equality, fairness and justice. Character of the law public and understandable codified and available. Institution of law certain rules must exist for the law to be fair and just can"t provide self- incriminating evidence, fair hearings. Substantive law body of legislation that declares which actions will be punished by the state: criminal code. Procedural law tells us how the rights and duties of individuals can be enforced: how law enforcement agents have to act when dealing with suspect, ensures safeguards individual"s rights aren"t exploited, ccrf sec. Victim"s sexual history could be brought up in court.
