Studied by 196 people
What is Social Order?
Society is organized according to sets of rules and standards
The Consensus Model, How is Society Held Together?
System of common values which lend legitimacy to government and transforms power into authority
Basic Principles of The Consensus Model - committed
Social order is based on consensus and people are committed to a unifying set of values
Basic Principles of The Consensus Model - Satisfaction
People obtain personal satisfaction and status from conforming to society's norms and values
Basic Principles of The Consensus Model - Agree
Law Reflects the collective will of the people and Members of society agree upon basic definitions of rights and wrong
Basic Principles of The Consensus Model - Equally
The law serves all people equally
Basic Principles of The Consensus Model - Disorder
The model explains disorder in reference to improper socialization
The Pluralistic Model
a framework that acknowledges the presence of multiple interest groups and organizations in society, each with their own distinct goals and views.
Pluralism and the Legal System
The legal system is value-neutral and exists as a value-free framework in which disputes can be settled fairly and peacefully
The Conflict Model - coercion theory
Social order result of power and coercion
Conflict, Crime & Disorder
Results from competition for power and scarce resources & class conflict
Crime control model
focuses on having an effiencent system, with the most important function being to suppress & control crime to ensure that society is safe and there is public order
foundational base
traditional model based on BNA Act 1867 which enstores peace, order, good government
Liberty v Protection - what does CCM do? What do we give up? what do we gain?
Society relinquishes degrees of liberty in order to gain protection from crime and from those who disrupt the social order
Liberty in democratic society
Liberty in a democratic society is always constrained
Value Orientations - The Police
Trust in law enforcement, positive role, CCM (corruption, crime and misconduct)
Police powers
Police operate upon a presumption of guilt and Police must be given resources
End v Means CCM
CCM emphasizes social order, punishment, deterrence of criminal conduct concern for victims and victims rights
Efficiency as priority
Concerned with efficiency in the operation of the criminal process
The due process model
The greatest threat to our freedom comes from the misuse of power and authority
Police powers - DPM
Power must be severely limited and monitored
Police and Rule of Law - DPM
Police must operate under the strict rule of law
Quality control
demands a formal, adjective, adversarial process headed by an impartial tribunal, judge, and or jury
Model stresses the possibility of error and bias particular against minorities and the poor
Mistakes can happen - mistakes are used as evidence to argue that the process needs reform and increasing vigilance
Legal guilt v factual guilt DPM
DPM emphasizes legal guilt as opposed to factual guilt and Concerned with whether or not the police and Crown can prove their case and whether or not their client’s rights have been respected
Means vs Ends DPM
The emphasis is on the means (the process by which the system operates) as opposed to the ends( convicting criminal and maintain order)
Obvious benefits of due process
Upholds legitimacy in the legal system and holds police accountable and DPM protects ordinary individuals in their jobs
Critique of due process
Rights of individuals are prioritized over the rights of society and responsibility of citizens
Extension of judiciary powers - critique of DPM
The judiciary are not accountable nor are they representative of ‘in tune’ with the diverse needs and values of Canadian constitution
Shift in Canadian Values
Greater endorsement and deployment of due process and Police are less likely to abuse authority
The Reliability Model
Joining of force between police, Crown and defense, victims and judges
Major Changes to investigate Procedures
Reforms advocate to reduce number of wrongful convictions, adopting ‘truth-seeking’ values Improving eyewitness identification
CCM
defense counsel viewed as impediment to processing the guilty
DPM
key to asserting and protecting defendants rights
Institutional Bias
RCMP does not allow for errors
Use of photocopies
Only in extreme cases, should a copy be allowed for analysis and Liberty is at stake
Bench Notes
Expert notes were not disclosed or placed in evidence
Corroborating Expert Witnesses
Becomes constituted as inadmissible hearsay and Crown only relies on the hearsay testimonial
Partial Print (Omissions)
Partial prints leave open possibility that there is exculpatory evidence overlooked or unseen
Subjective Certainties
Exclusion principle: uniques does not mean its a match and Must be sure exclude other matches
Previous FPE in AFIS
Older print on file possibly a better match but not used to make the positive identification
Unexplained Discrepancies
Gaps in low tolerance areas of print (eg, continuous ridge v ride, gap, ridge break) between latent and known
FPE and Burden of Proof
Mental illness, you have to prove that you actually are disabled and Criminal proceedings, burden lies on crown to prove beyond a reasonable doubt
Judicial interpretation of common law system
Cases were assembled based on likeness and common custom or experience
Customary Law
System built upon shared understanding of experience within socio-cultural context of common everyday customs
The Rise of Stare Decisis
Growing pursuit of a rational legal system and Judges not to make law; engage legal rationale
Main sources of law
The constitution (1867 - 1982), Statutes/Acts, Judge-Made Law
Precedent
The Charter of Rights and Freedoms (1982) and Canada Evidence Act (1985)
The Constitution of Canada( 1982)
Legal document; major impact on criminal law and Outlines rules of governance
The Charter of Right and Freedoms(1982)
Embedded in constitution and Outlines rights of citizens and protection against unjust laws
Formal Equality
Enumerated rights → life, liberty → race, gender
analogous grounds → immigration status, relationship status
Substantive Equality
Historical advantage/disadvantage
→ Affirmative action programs → Do not offend the Charter Rights
Basic principle - constitution
That government can and should be legally limited in its powers and Constitutionalism is ‘supreme law’ that necessitates a purposive interpretation by courts
Entrenchment of Constitutions
Rules imposing limits upon government power must be entrenched, either by law or by “Constitutional Convention.”
Judicial Review: Unwritten Constitution, Implied Power and Judicial Deference
The most important power of the Supreme Court, that of judicial review
A law will be judged based on
Was there an error in jurisdiction, error in fact, error in procedural fairness and/or Unfair denial of immigration application by IRCC
Judicial Review and Judicial Discretion
Appellants appeal of the Federal Courts decision to dismiss application for the judicial review of orders handed down by federal government forcing Canadian travelers to stay at the “Quarantine Hotels” (Spencer V Canada 2021 FC 361)
Are there any limitations to our charter rights?
Section 1 and 33
Section 1
Limits can be placed on our rights and freedoms with the limitation can be “demonstrably” justified in a free and democratic society
Section 33
Government overrides charter in best interest of society and In Best Interest of Society
do justice
to treat someone or something in a way that is fair and shows their or its true qualitie
Procedural safeguard
using policies, operating procedures, training, emergency response and other administrative approaches to prevent incidents or to minimize the effects of an incident
Principle of Writ (s) / Writtenness
to direct others to perform specific actions.
Constitutional Convention
an uncodified rule of a constitution considered binding on political actors but not enforceable by the courts
amending formula
the set of conditions required to make changes to the. Constitution.
assembly line justice
a system in which the defendant's rights are not rigorously protected
Legal guilt
concerned about the criminal laws violated
factual guilt
what a Defendant actually did
force of law
a body of rules that have been laid down for determining rights and legal obligations, which are recognized by the courts of justice
open court principle
requires that court proceedings be open to the public, and that publicity as to those proceedings be uninhibited
procedural impropreity
The first is a failure to comply with any procedural requirements set out in statute. Secondly, there is a broader heading of failing to act 'fairly', the core of which are the rules of natural justice.
social conservatism
political ideology focused on the preservation of traditional values and beliefs.
welfarism
a theory that well-being, what is good for someone or what makes a life worth living, is the only thing that has intrinsic value.
Double Blind Test
an experiment where both the subject and observer are unaware that the exercise in practice is a test.
Note 
Flashcard (50)