LAWS 3306 Chapter Notes - Chapter 1: Police Misconduct, Due Process, Negative And Positive Rights

• School: Carleton University
• Department: Law
• Course: LAWS 3306
• Professor: Paolo Giancaterino

Document Summary

25% of adult canadians victimized by crime, but most don"t report: only a small % of charges actually result in trial; most resolved by guilty plea or withdrawal of charges, gov"ts spend approx. billion on the criminal process each year: 60% policing; 25% corrections; 9% courts; 6% legal aid. Models of the criminal process: multiple models helpful when looking at the criminal process due to its complexity, useful in describing not only the operation of the process, but the ideologies & discourses which surround criminal justice. 1: skepticism re: morality & utility of criminal sanction, based on liberal values of primacy of individual, concept of limitation on official power. The context of packer"s models: developed during a time of judicial activism (1960s, 1961: warren court imposed exclusionary rule rendered unconstitutionally seized evidence inadmissible in criminal trials. Intended to deter constitutional violations by removing incentive for police to disregard the constitution.