JSB176 Lecture Notes - Lecture 9: Due Process
Document Summary
Formative justice: symbolically offered through the very existence of procedural norms, principles, rules and premise of equality before the law. Substantive justice: in practice there are a number of factors contributing to inequality of outcomes. Due process rights: notice must be given, publicity, swift and speedy resolution, standard of proof, objectively reviewable standards before coercive powers can be exercised in the pre- trial process. Impartiality: equality, right to a fair trial, trial by jury, avenues for appeal, legal representation, haebeas corpus. Exceptions: publicity: not in cases of child abuse and child offenders, courts overburdened, terrorism. Jury trial: a form of direct democratic participation in the exercise of legal (and political) authority citizens decide facts in cases, listen to evidence, and determine guilt or innocence, jury deliberation unanimity principle and majority verdicts. Police: decisions gates and gatekeepers, decision to report and record, arrest and custody, charge decisions type and number, lower or higher court.
