FORS-2006EL Lecture Notes - Lecture 1: Reasonable Time, Implied Consent, Breathalyzer
27 Jun 2018
School
Department
Course
Professor
Criminal Law - Day 1 2017.09.11.
-What is the supreme law of Canada?
-Canadian Charter of Rights and Freedoms
-Criminal law is a reflection of morality
-There is some criminal law that is not a reflection of morality, but is still illegal
-Ex. marijuana, abortion, strike
-Can’t enforce law if too many people disagree with it
-Criminal Code
-Procedure
-Offences
-Evidence Law
-Penalties
-Prison
-Probation
-Fines
-NCR
-Or combination of these
-Job of a crown is to IJEE
-Identity
-Juridiction
-Essential evidence
-you can reduce the charge, so a lot of discretion on sentencing
-90% of what he does is people pleading guilty
-the rest is having to prove what happened
-all beyond a reason doubt
-reasons they can drop a charge:
-not in the public’s interest (ex. lose job)
-not enough essential evidence, not enough to prove beyond a reasonable doubt
-to prosecute the case with fairness and balance, with an obligation to the public,
accused, victim, etc
-where as a criminal lawyer only has an obligation to the person they are working
for
-they must tell the defence anything that may defend the defence
-no leading questions, a leading question is one that is basically giving them the
answer
-ex. yes or no question
-but you can lead the questioning the way you want it to go
-an open ended question is one that just gets out the store
-never wins or loses, they just present their evidence
-Job of defence:
-to raise a reasonable doubt, any at all
-to show evidence of not guilty
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Criminal law is a re ection of morality. There is some criminal law that is not a re ection of morality, but is still illegal. Can"t enforce law if too many people disagree with it. Job of a crown is to ijee. You can reduce the charge, so a lot of discretion on sentencing. 90% of what he does is people pleading guilty. The rest is having to prove what happened. Not in the public"s interest (ex. lose job) Not enough essential evidence, not enough to prove beyond a reasonable doubt. To prosecute the case with fairness and balance, with an obligation to the public, accused, victim, etc. Where as a criminal lawyer only has an obligation to the person they are working for. They must tell the defence anything that may defend the defence. No leading questions, a leading question is one that is basically giving them the answer.
