Philosophy 2070E Lecture Notes - Lecture 1: Social Control, Private Prosecution, Side Effect
25 Jan 2016
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In canada : r. vs accused (r- regina; the queen) Not on the police to see where charges are made. Criminal justice compensation fund: fund"s for victim, but very small. Deter: 1) specific (accused: general: to deter general population from making same crime. All criminal offenses are codified in criminal code. If its not in the criminal code, it is not a criminal law. Defenses are not in criminal code, in order to leave defenses open-ended (gives accused the advantage ) Presumption in law: presumed innocent until proven guilty, and given fair trial as well as right to remain silent. The lawyer cannot tell anyone what accused said. Prosecution brings some gratification to the victim but yields no (or little) private compensation from criminal law process itself. Victims are called to testify on behalf of the crown: rights and injuries : cited in evidence. Lawmakers paternalism: protect people against themselves, not other people from them.
