Textbook Notes (369,056)
Canada (162,366)
Law (162)
Law 2101 (127)
Chapter

Section 5: Criminal Procedure - Textbook Notes

7 Pages
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Department
Law
Course Code
Law 2101
Professor
Mysty Sybil Clapton

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Description
SECTION 5 Criminal ProcedureINTRODUCTION TO CRIMINAL PROCEDUREInvestigationResponsibility for the investigation of crimes rests largely with the police Investigations are initiated either by a complaint from a member of the public or as a result of the police themselves detecting evidence that a crime has been perpetrated Police given very broad powers of investigation o Can question witnesses and suspects detain individuals conduct surveillance search places seize items etco Exercise of these sorts of power can be invasive and impose restrictions on the liberty of individuals Law of Criminal Procedure seeks to constrain the exercise of these powers to ensure that they are only exercised with just cause and with due respect for the rights of the individuals affected ProsecutionResponsibility for the prosecution of crimes rests with the Crown Attorneys offices lawyers paid by the governmentThey first review charges to determine whether prosecution is warrantedif they decide that prosecution is not warranted they have the power to withdraw charges o If they determine that prosecution IS warranted they prepare the case for trial and present the allegedly incriminating evidence before the courtUltimate goal is not to seek conviction but to see that justice is done TrialsIn Ontario there are 2 trial courtso 1 Ontario Court of Justicegets majority of cases o 2 Superior Court of Justiceonly gets most serious cases Most trials are held before a judge alone without a juryJury trials are generally reserved for the most serious alleged offenseso Can only occur in Superior CourtCriminal offenses are divided into 3 types o 1 Indictable Offenses generally the more serious offenses and for them the accused usually have the right to decide where they want to have their trial and whether they want to be tried by a judge alone or a juryAccused also has the right to choose whether to have a preliminary inquiryproceeding held in the Ontario Court that looks much like a trial except that the accused presents no defense and no verdict of guilty or not guilty is rendered intended to screen out meritless prosecutions without forcing the accused to undergo a full public trial
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