CRIM 2652 Lecture Notes - Lecture 4: Precedent, Judicial Independence, Adversarial System
24 Jul 2020
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Document Summary
Legal world is impartial, neutral, objective, system of resolving conflict and divided from politics, morals and systems of belief. Components: adversarial system: system of justice that is based on 2 opposing sides prosecution and defence arguing the guilt or innocence of a person before a judge or jury. 3rd party: judge separate from prosecution determine whose argument is convincing. The standard that must be met by prosecution is proof beyond reasonable doubt: the facts presented provide the only logical explanation for the crime. This upholds argument of your innocent until proven guilty presuming innocence (unlike civil cases: separation of powers (legislature and judiciary) Everyone is subject to the law and everyone is equal before the law. Magna carta & other documents provide basis for emergence of rule of law. Key principles: gov"t officials accountable, laws applied even, justice delivered by competent representatives and neutrals who reflect makeup of communities: legal method.
