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The role of Justice
2 principles of justice essay
2 principles of justice essay
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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
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
In “The Moral Ambivalence of Crime in an Unjust Society” by Jeffrey Reiman he offers a detailed explanation of many different ways to define justice and allows the reader to fully comprehend the meaning of it. Before he even began explaining justice he gave his own experience with crime as way to convey to the reader how his rights had been violated and he had been filled with anger at the criminals instead of the justice that failed him. This first hand encounter with crime allowed Reiman to prove to readers that justice is what is what protects us and it is the criminals who are the problem. To see that even a man who had thought and written about nothing but crime for thirty-five years could still become
On 14th September 1984, he was convicted of provoked burglary, three murders and rape at Sheffield crown court. The applicant was sentenced to a term of life imprisonment by the trial judge and recommended a minimum tariff of 18 years to the secretary of state for
One of the few purposes of the Section 11(b) of the Canadian Charter of Rights and Freedoms is to ensure that the right for a fair trial for every person criminally tried on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial is commenced in court while the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors in which the criticism could be on either the Crown or the accused. This essay will examine the Supreme Court of Canada case R. v. Morin. In this case, the accused was charged for impaired driving and the trial date set 399 days after the judge scheduled the trial. In total this was 444-days after the accused was charged with the impaired driving offence. The final verdict of this case set a precedent in the justice system due to the decision by the Ontario Court of appeal that decided that the trial delay was reasonable due to lack of prejudice to the accused during the delay.
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.
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.
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 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.
...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.
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.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
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.