lesson one

Question 1

4 pillars of criminal justice systems

Answer 1

1) civil vs criminal cases:
criminal: public law, government is responsible for punishment and prosecution, criminal must be found guilty without a reasonable doubt.

civil: private law, loser is responsible to pay usually, balance of probabilities is used to convict the loser.

2) Structure: Police, Courts, Correction facilities

3) Goals of criminal justice: control crime, prevent crime, uphold justice

substantive justice = justice as it relates to the accuracy of the outcome
procedural justice = justice which relates to how well the due process was followed (how well were individuals protected from being falsely convicted)

adversarial (two side) system and inquisitorial system are used.

4) Models of justice:
Due process: A model which emphasizes that the correct steps are taken to follow the outlined procedures and protect individuals at each step of the legal process.
(R v Feeny mrder trailer case with no warrant)
Crime control process: Mainly focused on preventing and catching crime, advocates for greater police control and minimum sentencing laws. (R v Hall bail case)

Question 2

Rule of law and Law of nature

Answer 2

Rule of Law: The belief that the law is supreme and everyone must abide by it. It protects fundamental rights and it must be clear, publicized and applied evenly.
Law of nature: certain rights that everyone has that laws cannot violate ie equality.

Question 3

Constitutions

Answer 3

Constitution: Supreme law of a nation that sets out the blueprint of how a ruling government should act. Our constitution does not regulate our behaviour, but regulates the power the government has over its people.

Westminster constitution: Parliament and/or elected officials are trusted to make the constitution following traditions of the rule of law. Protected by parliamentary supremacy.

American Model: There is a single document outlining everything. Rights in this case are constitutionally entrenched, meaning that the legal system must review laws that are alleged to violate an individuals rights.

Question 4

Reasonable Limits Clause

Answer 4

Reasonable Limits Clause: There is a reasonable limits clause which allows the charter to not be followed if there is a genuine reason not to. This is usually done by following the oaks test

Oaks test:
Must be a substantial and pressing goal,
there must be a rational adoption between the means of achieving that goal and the goal itself,
the least limiting means must be chosen (minimal impairment),
and there should be a proportional effect ie a good benefit/cost ratio

case study of guy who touched 12 year old