The Canadian Criminal Justice System

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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

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