CRIM 330 Lecture Notes - Lecture 1: Professional Responsibility, Gambling, Summary Offence
20 Apr 2018
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Legal guilt is concerned with balancing a number of important values: pursuit of truth = did this happen, ensuring a fair trial, deterring police misconduct, preserving overall integrity of the justice system. Factual guilt is concerned with only one value: pursuit of truth. In most cases legal and factual guilt coincide. However, in come cases they won"t coincide : an accused may be factually guilty but not legally guilt, so there is no conviction and punishment. Bottom line: our criminal system isn"t just about the pursuit of truth it is concerned with a qualified search for truth: the source of the law of criminal procedure and evidence: codified vs. common. Law comes from one of 2 main sources: legislatures (statutes/legislation) and judges (case law/common law) The law of criminal procedure is largely found in codified form in the criminal code of.
