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Final Review.docx - POL 151- Final Review MIDTERM REVIEW*...

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POL 151- Final ReviewMIDTERM REVIEW**Week 8Criminal Law-Law related to the activities that are deemed harmful to society, the treatment of those accused and convicted of such activities-2 sources of criminal law:1.Common Law2.Legislative codification-Almost all common law offences were codified in the Criminal Code in 1953-Criminal law is a federal jurisdiction, and offences are codified in the Criminal CodeoOther criminal provisions in the Firearms Act, Controlled Drugs & Substances Act oProvinces also have a role in criminal law…they have passed several “quasi-criminal” regulatory offences in areas of their jurisdiction (i.e., driving, alcohol), they hire prosecutors and provincial judges-Important limits to criminal law are spelled out in the Charter (s. 8-14, and 24)-Cases relating to criminal law (RJR Macdonald…Malmo-Levine…PHS Community Services)**Courts do not create criminal offences, but play a role in shaping criminal law in Canada:By spelling out federal/provincial jurisdictionBy identifying Charter violationsBy interpreting existing code, adjudicating conflicting criminal lawsBy developing common law offencesPhilosophies of Criminal Justice (what should be the goal of the CJS)1.Crime Control
oValues efficiency, guilty convictions and public safetyoGreater latitude for police search, detention and interrogation2.Due ProcessoValues protection of individuals from police poweroPrevention of innocent against wrongful convictionoEnsures equal treatment-In the post-Charter era, Canada has shifted towards a due process approachoEach right of the accused has reasonable limits (i.e., right to a lawyer relaxed temporarily under exceptional circumstances, some conditions where wrongfully collected evidence is admissible)Theories of the Courts in the CJS1.Critical FrameworkoQuestions the role of the courts in maintaining existing power imbalances along the lines of class, gender, race, socioeconomic statusoQuestions the preponderance of indigenous people in courts and prisons oFocusing on due process can influence gendered experiences in the courts…given that due process considerations provided to accused in sexual assault cases and the effect the process of investigation has on victims of assault2.Public Opinion Interest GroupoFocuses more on how different lobby groups (victim rights groups) will generally push for more punitive “law-and-order” approaches, given their ability and motivation to mobilizeoThey may look at the effect of public outcry on judicial proceedings for unpopular accusations (i.e., cases involving gun violence, child pornography, sexual assault)3.Institutional ApproachoThis approach looks at the effects of institutional actors interacting under formal and informal rules on outcomes…including unintended consequences
oi.e., laws regarding sentencing guidelines (mandatory minimums), or introducing diversion programs, may lead others (police, prosecutors) to exercise their own discretionPolice Investigation & Charter Rights Charter Right

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Term
Spring
Professor
Patrick Smith
Tags
Law, Common Law, criminal law, Canadian Charter of Rights and Freedoms

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