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Role of judiciary
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Within this essay I will provide you with a brief comparison of the Canadian court system with Italy. This will include the roles of their judges, the roles of their prosecutors. The hierarchy of courts, weather it is a common law ground or civil law or some other law. Finally, I will discuss the position and role of the lawyers in the courts in both places.
First of all, the hierarchy courts in Italy have four jurisdictions: Civil jurisdiction, Criminal, Juvenile and Penal jurisdictions. Within these for “first instance the courts are set up as follows: Justices of the peace who are honorary judges. They hear minor civil and criminal matters. Courts of tribunals hear the most serious cases. The Penal office hears cases in the first instance
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To prosecute means to lay a charge in a criminal matter and to prepare and conduct legal proceedings against a person charged with a crime. The prosecutor prepares the case by: researching the law, gathering and reviewing evidence, exhibits, and preparing paperwork for the court; and interviewing witnesses.” (justice.gc.ca , 2016) “In Italy, the role of public prosecutor is played by career magistrates, who exercise their functions under the supervision of the chief of their bureau. This operates as a kind of hierarchy that applies only to the public prosecutors offices.” ( e.justice.europa.eu , …show more content…
He or she listens to what is said in the court and decides if the accused person is guilty, unless there is a jury to make this decision instead.” ( Justice.gc.ca , 2016) In Italy, :inside the main tribunals, there are also special sections, courts of assizes sit with two professional judges and six jurors. Jurors are chosen from the body of citizens to serve for short periods, to cooperate and represent the various sectors of society. These courts take decisions on serious crimes.” ( e.justice.europa.eu , 2016)
“Canada 's legal system is based on the English and french systems. Explorers and colonists brought these systems to Canada in the 17th and 18th centuries. After the battle of Quebec in 1759, the country fell under English common Law, except for, Quebec which follows civil law. Canada 's legal system is based on a combination of common law and civil law.” (Justice.gc.ca , 2016) “ The Italian judicial system is based on the civil law.” (e.justice.europa.eu ,
In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who are innocent from being targeted because of the law.
In 1759, the Canadian Court Justice system was brought to Canada by the French. After the battle of Quebec, all of Canada then followed the English common law system except for Quebec 1. Based on my understanding and knowledge of N. Christie’s arguments and the Canadian court system, I believe that Christie’s criticism of modern legal system is fair and it effects our current court system today.
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
pleas may be choose for the punishment likely to be associated with them rather than for their accuracy in describing the criminal offense in which the defendant was involved. For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual
In the contentious world of politics the actors at times find themselves at an impasse, unable to move forward between their conflicting visions. In these moments the courts may be asked to mediate between the different levels of government by providing constitutional or legislative advice. These scenarios can become perilous because since the courts must provide insight on issues that are political without stepping outside of its jurisdiction. Regardless of their dangers, however, I would argue that the reference instrument has proven to be a valuable tool in preventing political chaos. In the Patriation Reference and the Quebec Secession Reference the courts ++++---In order to illustrate the importance of reference cases in the Canadian system, despite their shortcomings, I will first look at the history of the advisory mechanism with a view to explain the roll of the courts. I will then look at the constitutional perspectives the courts took in several reference cases, especially the Patriation Reference and the Quebec Cessession Reference. In the next section I will explore the ways in which the courts opinions in these cases impacted Canadian federalism to determine the constitutionality of their advice. Finally I will explore the eventualities of a system without reference cases to demonstrate why they are so important. Attention will also be paid to the reference system of the United States in order to provide a comparative view. I will argue that in reference cases the Supreme Court takes on an important role as a mediator between political actors, however, the Court must act with caution as these are perilous grounds where suggestions can cross into political territory. – Indeed, political actors can abuse the system, >re...
Manarin, B. (2008). Role of the Prosecutor. In J. V. Roberts, & M. G. Grossman (Eds.), Criminal justice in Canada: a reader (3rd Edition ed., pp. 36-47). Toronto: Thomson Nelson.
Canada is a nation known for its multicultural society. In such a diverse nation many would believe equality would exist. However it does not; and it is evident in the Criminal Justice System in Canada. The racial disparity in the Criminal Justice System is the result of bias treatment of certain individuals based on their race. The selective prosecution of visible minorities, immigrants and Aboriginals has been recognized as a racial inequality and corrupted the Criminal Justice System. The unequal treatment of immigrants and Aboriginals within the justice system has become evident through various forms. Canada`s colonial past has greatly influenced the judicial system and it seems obvious that race plays a factor in many of the facets of
Now, the district court system is the beginning step of the judicial system. A good amount of the case handled by the district court system is either criminal or civil trial cases. According to Roger Miller, “trial courts that have general jurisdiction as to the subject matter may be called county, district, superior, or circuit courts.” The majority of their cases are to be handled in-county first before proceeding further through the court system. Just as businesses and organizations have a chain-of-command or protocol system the government has the
As mentioned before, the German judicial system follows a combination of Civil Law and Common Law and furthermore grants the right to a counsel, as well as the right to bail. Although the defendant does not appear before a jury, the defendant will appear before a panel of judges who will hear the defendants cases and decide through majority vote whether the accused is guilty or not. The accused also has the right to remain silent for the entirety of the case and allow the appointed counsel to speak instead ("The German Code of Criminal Procedure ",
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 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.
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
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. The criminal justice system is made up of many components that are constructed to ensure justice for victims of crimes along with criminals. It is designed to guarantee that punishing those who are guilty will protect the innocent. Within the criminal justice system, there is a document that consists of all the jurisdictions of criminal law. This document is called the criminal code and entitles the offences that are acknowledged in the jurisdiction along with consequences that are enforced for these crimes. Throughout the years, there are offences constantly being added to the Criminal Code of Canada and many proposals being made by the Law Reform Commission of Canada.
The English Legal System is used in the United Kingdom and it plays a significant role in keeping orders within the country; it has the influential ability towards the United States and other commonwealth countries. Many decisions from England are in many jurisdictions are considered as persuasive.