CRCJ 1000 Lecture Notes - Lecture 3: Actus Reus, Royal Canadian Mounted Police, Hugo Grotius
27 Feb 2018
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Document Summary
The formation of the idea of criminal justice. Sovereign exceptionally: the formation of the idea of criminal justice: an overview. Trans-political system of thought = this idea of criminal justice doesn"t vary much across time and space (i. e. harper and trudeau both agree that criminal justice prevents disorder) Hostile ideology = clearly distinguishes b/t victim + criminal (he"s not like us, he victimized my friend, he needs to suffer) Norms of behaviour attached to norms of sanctions. Punishment as duty = punishment will heal society, repair wounds, reaffirm values, criminal transformed into the enemy of society. Infliction of pain as recipe for justice. 12th century: prosecutorial role (fiscal prosecutor) appears. Efforts to monopolize legitimate violence" and taxes. Tort to individual + attack on the sovereign. Confiscation of judicial procedures (inquisition ex officio) 17th century: monopoly of royal justice over crime. Natural right of self-preservation: we have to give up part of our natural right while living in a group.
