Textbook Notes (359,448)
Canada (156,281)
Sociology (1,459)
SOC209H5 (126)
Chapter 1

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University of Toronto Mississauga
Philip Goodman

Chapter 1The Foundations of Criminal JusticeTHE RULE OF LAWthe requirement that governments as well as individuals be subjected and abide by the lawA fundamental component of the criminal justice systemEssentially no person is above the lawlaw should be observed and performed equally Traced back to the English Magna Carta in 1215Principles of the rule of law can be seen in the Canadian Charter of Rights and Freedoms the primary law of the land that guarantees fundamental freedoms legal rights and equality rights for all citizens of Canada including those accused of crimesThe charter ensures fairness during proceedingsKey Principles of the Rule of LawThe government and its officials and agents as well as individuals and private entities are accountable under the lawThe laws are clear publicized stable and just are applied evenly and protect fundamental rights including the security of persons and propertyThe process by which laws are enacted administered and enforced is accessible fair and efficientJustice is delivered timely by competent ethical and independent representatives and neutrals who are of sufficient number have adequate resources and reflect the makeup of communities they serveCRIMINAL LAWthe body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statue and prosecuted and punished by the governmentActs as a mechanism of social controlMaintains orderDefines the parameters of acceptable behaviourReduces the risk of personal retaliation vigilantes etcAssists in general and specific deterrenceCriminalizes behaviourProtects group interests
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