POL Jan7

POL Jan7 - -Criminal law is public law. The state must...

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-Criminal law is public law. The state must prove its case beyond reasonable doubt. -The victim in the case is the principle witness. The crown decides the charge and whether to prosecute. -You are not a compellable witness in your own criminal prosecution. Doctrine of Strict Construction- a rule of statutory interpretation: when interpreting the criminal code, interpret very narrowly and literally (put crown to its onus), and if there is any ambiguity in matching activity with the written offense, it must be absolved in favour of the accused person. -Federal government has the exclusive ability to change/write the criminal code -Criminal act must be in the code. This is to make it even harder for the crown to prove the accused guilty. The list is exhaustive and complete. Protects the accused person. Australia case -Guy tells his lawyer that he killed the constable, and why he did it. What you tell a lawyer is protected; they can not tell anyone what you said without your express permission
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This note was uploaded on 04/04/2009 for the course PHIL 2821 taught by Professor Klimchuk during the Spring '09 term at UWO.

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POL Jan7 - -Criminal law is public law. The state must...

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