CC102 Lecture Notes - Lecture 3: Moral Panic, Due Process, First Nations
Document Summary
Prosecution as a last resort: only serious offenses, after other interventions fail. How many times does someone have to have an offense for them to be put in the system: when you are prosecuted you are in the system. Harder to do things - life sentence (kind of) Minimal response necessary: penal restraint and proportionality, natural laws vs. social laws. Adversarial (all canadian criminal law, most civil: state/crown vs. the individual, lawyer-led presentations of fact. Inquisitorial (quebec civil law: judicial investigation of accused, greater victim participation. Law enforcement: police, other martial forces. Corrections: jail guards, parole supervisors, etc. Constitutional limits: due process vs. crime control. Inadmissible evidence - must submit properly or else cannot be presented in court. For this reason, some people get off for things like murder. Discretionary limits: diversion vs. duty to report. In all cases there is going to be a misrepresentation of facts. Limits to effectiveness: theory of law vs. application of law.
