CC102 Lecture Notes - Lecture 3: Populism, Adversarial System
Document Summary
Criminal justice: the study of social control and the agencies that are involved in the apprehension, prosecution, defence, sentencing, incarceration, and supervision of those suspected or charged with or convicted of criminal offences. Criminal justice system: all the agencies, organizations, and personnel that are involved in the prevention of, and response to, crime and to persons charged with criminal offences and persons convicted of crimes. The flow of cases through the criminal justice system. Adversarial system: a system of justice that is based on two opposing sides the prosecution and the defence arguing the guilt or innocence of a person before a judge or jury, crown vs the assailant. Basic principles of the adversarial system: presumption of innocence. Innocent until conviction beyond a reasonable doubt: burden of proof. Task of crown to prove guilt: doli incapax. Not criminally responsible if incapable of knowing the act was wrong: attempts. Those who attempt crimes are subject to half the penalty.
