CRIM 330 INTRO NOTES

Introduction

Overview of the Criminal Justice System

The criminal justice system is a structure designed to manage wrongdoing while protecting individual rights. It connects law enforcement, the judiciary, and correctional institutions, focusing on how criminal procedures and evidence interact with constitutional laws, like the Canadian Charter of Rights and Freedoms.

Perspectives on Criminal Justice

Different perspectives help us understand the complexities of the criminal justice system. Social science research is key to assessing issues and revealing how societal contexts affect legal decisions.

Constitutional Framework

The Canadian Charter of Rights and Freedoms is crucial as it outlines individual rights and dictates justice administration, ensuring fairness and protection against state abuse.

Structure of the Text

• Part I: Deals with actions before a trial, including police investigations and pre-trial rights.

• Part II: Focuses on trial procedures and rules regarding evidence.

Criminal Justice System as Social Control

Legal System's Role

The legal system is part of societal methods for controlling behavior and correcting wrongs. It aims to ensure social order and justice for victims.

Scenario Example

If Individual A assaults Individual B for a jacket, criminal proceedings might occur, but the victim may not receive compensation. Therefore, the victim might choose to pursue civil action for damages.

Multi-Faceted Responses to Wrongdoing

Example: Assault by a Professor

In the case of a professor assaulting a student, the victim has several response options:

• Police Complaint: Starts criminal proceedings.

• Civil Suit: Seeks compensation for harm.

• Internal Complaint: Reports to the university for an internal investigation.

• Provincial Human Rights Complaint: Addresses rights violations.

• Professional Complaint: Reports misconduct to regulatory bodies.

• Criminal Injury Compensation Claim: Seeks compensation from the state.

Institutional Responses

Colleges and universities must investigate incidents of misconduct, while government inquiries may probe regulatory bodies if systemic issues arise.

Complexity of Investigative Agencies

Different regulatory agencies work together on misconduct investigations. This can sometimes cause conflicts and overlap between criminal cases and other forms of redress.

Perspectives for Studying Criminal Procedure and Evidence

Theoretical Frameworks

Using legal, psychological, and sociological lenses aids in understanding criminal law and its societal influences.

Challenges within the Criminal Justice System

Perception and Justice

Different interpretations of behaviors can lead to varied legal outcomes. The case of Rui-Wen Pan shows how juror perspectives may greatly affect trial results.

Impact of Social Science on Law

Research influences legal policy changes, prompting reforms that reflect societal values and address systemic inequities.

Insights into Legal Frameworks

System Tensions

Tensions exist between focusing on crime control and ensuring due process. Distinguishing between legal guilt (as defined by the law) and factual guilt (actual innocence) reveals challenges in achieving true justice.

Search for Truth

Judicial proceedings strive to balance truth-seeking with protecting individual rights. Justice is significant, even if it may not always mean uncovering absolute truth.

Codification vs. Common Law

While laws are often codified, judicial interpretation is essential for applying these laws fairly.

Adversarial System Insights

Principles of Adversarial Justice

The adversarial system follows seven key principles, although challenges can lead to wrongful convictions.

Role of Judges

Judges must remain neutral but specialized courts may lead to more active involvement in legal processes.

Players in the Criminal Justice System

Victims' Role

The transition from private prosecutions to state-led processes can limit victims' involvement in their cases, impacting their sense of agency.

Police and the Accused

Police play reactive roles in complaints and criminal investigations, while the accused may feel a loss of control during proceedings.

Role of Legal Professionals

Crown counsel and defense counsel have essential but opposing roles in the justice process, influencing case outcomes significantly.

Conclusion: The Canadian Charter of Rights and Freedoms

The Charter establishes rights for individuals in Canada, affecting both the criminal justice system and societal norms. It reinforces discussions on rights and responsibilities within law enforcement and underscores the importance of balancing individual freedoms with state duties.