Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The role of Justice
2 principles of justice essay
2 principles of justice essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The role of Justice
What if there was a law that allowed a criminal to go free even though the courts had all the evidence? Or perhaps a law that punished people that are innocent? Why would such laws ever exist? Are these rules created to promote justice? In today’s Canadian society, people are convinced that the Canadian Criminal justice system has the power and responsibility to protect and serve the community. Therefore, the fundamental purpose of the Criminal justice system is to maintain order within society and to punish the wrongdoers in a fair and just manner. But what exactly is “justice”? Sobel (2001) defines justice as “the maintenance or administration of that which is just” (p. 170). However, this definition defines justice as a morality and …show more content…
However, many of us have different ideas of what justice really is. We make it that justice is a universal definition; that rules and procedures of courts are fair and simple that produce consistent results. However, these rules and procedures are guided by the actors and situations in different cases (Robinson & Cahill, 2006). The lawyer’s job is to fight for a favorable outcome for their client and the judges and juries will make the final decision. Every case will have different actors; therefore citizens will experience different results (Sobel, 2002, p. 170). The concept of justice is not clear and consistent as many of us hope. And thus, this paper will incorporate Sobel’s definition of justice, “the quality of the act is just and treated fairly in a non-bias and prejudice manner.” Therefore, for a case to be deemed justice there must be no bias or any unfair procedures that lead to the final decision of the case. This paper will demonstrate how the Canadian Criminal Justice system serves justice to each individual in this country in a fair and un-bias procedure. Furthermore, this paper will present four case examples and how they succeed in upholding …show more content…
James Lavern’s Crown Testimony: The Crown begins by stating that the accused has a two page criminal record. In 2014, James was charged with breaking and entering into his mother’s home. James was not allowed into Cindy’s home because he had been drinking and therefore, James forced his way in through by breaking the window screen. In the same year, James was charged with possession of weapon and uttering threats against his girlfriend Evelina. Both these incidences occurred while James was intoxicated. The crown then began to state that every time James drinks, he abuses his girlfriends, and then tells the courts that he will fix it but then relapses again. James does not have a job, lives in a shelter, and a two page criminal record, all because of his drinking habits. The crown ends the testimony by asking “What else needs to happen to stop drinking.” Crown and Defence Position The crown is seeking detention. James has a two page criminal record, and has chosen
...t his the evidence in front of a jury. Still believing in his innocence Jeff is filing for parole after fourteen years of eligibility. He is hoping to meet parole board criteria so he can be released on parole.
...arately from the length of the delay, the prejudice towards the accused can be inferred from the length of the delay as established in R. v. Morin. Examining the Morin guidelines made the decision and since the guidelines set out an 8 to 10 month institutional delay and in this case the court deemed that the Crown was responsible for 23 months of delay. The court failed to justify the reason for the 23-month delay and since it exceeded the Morin guidelines the court concluded that the delay was unreasonable and the accused’s right under Section 11(b) of the Charter has been violated and the trial within a reasonable time was infringed and negated.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Publication bans have been a part of the Criminal Code since 1988. A publication ban is a court law that prohibits trial information from leaving the case. Since these bans were first introduced in Canada, they have become a very useful tool in Common Law. These bans have been frequently used over the years for many purposes including avoiding the risk of adverse consequences to participants and for more accurate trial procedures. Having publication bans are beneficial, in every which-way, than not. These bans contribute positively to the environment of law and most importantly, the society within. This essay will outline why the court should have the right to impose a publication ban in Canada. It will support the debate that if Canada wishes to build towards a reputation of having trials handled efficiently, then it should not change the nature of these publication bans. It will portray the importance of these bans through a thorough explanation of how the bans work, and two solid arguments of the cause on the society and environment. First, this essay will discuss basics of publication bans and how they work. Then, this essay will point out how publication bans contribute to trial fairness in the court. Finally, this essay will touch upon how publication bans protect victims and those involved in the trials.
Crime control and due process are two different ideal types of criminal justice. One could say they are extremes on a continuum. The role of crime control is to get the criminal off the street and to protect the innocent. The due process model of criminal justice is like an obstacle course, you have to keep going through legal obstacles to ensure in the end you convict the right person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will argue for both crime control and due process, putting more weight on due process If we did not have due process in Canada, people in positions of power, could manipulate the system for their own personal or political gain and railroad the innocent off to prison.
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
The Canadian Justice system is run like a well-oiled machine. It is based on the fair and humane treatment of suspects who remain innocent until proven guilty. There is one big question that has been debated since July 14th, 1976 - should the death penalty have been abolished in Canada? The new younger generation of Canadians seems to agree with me that the death penalty should be resurrected in Canada.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my observations to the bail court. What I found is a systemic evidence of a two-tier justice system. In this essay, I will outline the roles of the 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor.
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
Today our world is filled with crime. The people committing these crimes must have a consequence for their illegal actions. The system in place to keeping everything fair and safe is called the criminal justice system. This was put in place to ensure there is fairness and justice served to people who break the laws set up by the government.
In every society around the world, the law affects everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities. Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society.
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
her. "Miss Smith, How do you plead?" the judges voice boomed out over the courtroom, obviously irritated, he was not a man to be trifled with and besides he also had one eye on the courtroom clock, hoping to wrap up proceedings for the day rather quickly as he had an appointment on the first tee of his golf club at 2:30pm and there was quite a substantial sum of money riding on the outcome, not to mention bragging rights for some time to come! Linda snapped out of her trance "Not guilty" she muttered looking despondently at the floor. "So the court can hear you please Miss Smith.