LAWS 1000 Lecture Notes - Lecture 4: Fecundity, Omnibus Bill, Indian Act
Document Summary
The state has control over criminal law proceedings. When the state was able to make laws. Defense council had to be put in place. Criminal law used to shape the social life. Seen as a part of the much larger law sector. Always being amended- changing values, morals, roles, technology and economics. Allocates who can enforce the law- police, judges, prosecutors (state), prison oicials, ciizens. Make sure it"s fair and just- evenly enforced against everyone. Vicim responsible for bringing the case forward to the court they had to enforce the criminal law. Vicim let at the mercy of the state. Emerged 17th century- treason (most serious crimes at the ime) State took it upon itself in this case. 18th century- felons could talk to the lawyer but had to represent themselves. Mid to early 19th- gradual defence council to ix the imbalance in adversaries. Emphasis on facial, see if they were lying, expression was very important.