LAWS 3306 Lecture Notes - Lecture 14: Reasonable Suspicion, Endangerment, Assisted Suicide
7 Apr 2016
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Chapter one: models of the criminal process: the criminal process: procedures and actors involved, models-issues. When a person is arrested, referred to as factually guilty (rpg) reasonable and probable grounds legal guilt (brd) beyond reasonable doubt. Legislature is the validaing authority, not the courts. Reliance on criminal sancion (punishment) seen as a posiive concept, guarantees social order. Only limitaion on police is to ensure that the evidence does not become tainted. Focuses on eiciency, like a conveyer belt, get someone from factual guilt to legal guilt as fast as possible lawyers not involved unil there is factual guilt. Nobody is above the law, misconducts are taken seriously. Prosecutor given a large amount of discreion: due-process model: focuses on fairness, like an obstacle course, crown must overcome checks and balances in order to get from factual guilt to legal guilt. Concerned about the government taking a hold of our liberies.
