crim 131 lecture 1

Topics: Criminal law, Law, Crime Pages: 4 (877 words) Published: March 29, 2014
The criminal justice system
The crime funnel
large number of real crime but only a small number of people are incarcerated a lot of crime that goes undetected therefore the police can not respond to is Role sand responsibilities of the government

constitution act: establishes federal and provincial respondibilities federal – decides which behaviours are crimes
provincial – law enforcement and administration of CJS
municipal – responsible for policing and enforcing bylaws Federal government
has the power to create, amend and repeal all cacnadian criminal laws also sets the quidelines for prosecution of crimes and associated punishments responsible for the RCMP (federal police force)
appoints some judges
manages some courts (supreme court of Canada
prosecute some federal offences
federal corrections (correctional service of Canada); deal with sentences of 2 years or longer (2 year or less is dealt by with the provincial government) Federal statutes
Constitution which contains the charter; basic rights and freedoms for all citizens Criminal code of Canada: all criminal laws and updated frequently federal statutes
CJS: An adversarial system
basic premise; advocates for each party with present their case before a neutral judge principles:
presumed innocent until proven guilty
crown responsible for proving the innocence of the accused
children under the age of 12 are not considered responsible for their actions (cannot be criminally prosecuted) individuals who are suffering with mental disorders at the time of the crime committed – can also be considered not criminally responsible an attempted crime is still a crime (general sentence is half of the completed crime) Adversarial system: concerns

encourages the crown and defense to present distorted version of the events in order to win the case not everyone can afford a lawyer; not a uniform quality of legal representation reactive rather than preventative: not...
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