LS202 Lecture Notes - Lecture 1: Fundamental Justice, Miranda Warning
4 Feb 2016
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Essential basis of law in relation to deciding what is and is not a crime. Talking about public law so we can refer to law as the state. No clean cut definition of what harm actually is, state decides. Harm is us trying to hold water in our hands. A cop can"t just walk into your house. Charter role guarantees protection against over encroachment of state power. Thorny area of morality: dudley and stephens (1884) case. 5 people in a boat, storm hits, life raft. Haven"t eaten in 7 haven"t drank for 3. Day 18 made a decision that they will kill him and eat the weak one- dudley and stephens. Facts: on lifeboat, kills weaker, all ate him, rescued 4 days later. Decision: jury indecisive, sentenced to death, commuted to 6 months. Reason: no proof that such necessity justifies murder. In criminal law, must establish criminal guilt, criminal mind. 10 billion spent on criminal processes in canada.
