Unit 3: Canada’s Criminal Justice System Introduction: Legal Fundamentals

Brainstorm What comes to mind when you think of criminal justice? TV and Movies (Law and Order) (CSI) Personal Experience Friends Family Personal Interest Rumors And hearsay News school

Lady Justice Symbols and imagery: What do they mean? Think!

Legal Fundamentals The Presumption of Innocence: Anybody charged to a crime is presumed to be innocent. The crown (state) is responsible to prove the defendant guilty. The Burden of Proof: the defendant must be released unless the crown proves guilt beyond a reasonable doubt Habeas Corpus: the right not to be detained or imprisoned unlawfully. If the crown can't show cause, the person must be released.

Legal Fundamentals continued The Right to a Fair and Speedy Trial: Fairness - assured by jury, unbiased judge, rules, etc. Speed – drunk driving cases were thrown out of court in Ontario because they had taken too long Equality Before the Law: “Justice is Blind” not young/old, rich/poor, male/female, culture, religion, etc. a.k.a. “rule of law” – no one is above the law British common law: Based on British law Includes: protection against self-incrimination, protection of being tried for same offence twice (double-jeopardy), use of precedent

Divisions of Law Criminal law deals with crimes considered against the community as a whole, while civil law deals with complaints between individuals.

Criminal Law Three elements that must be present for an act to be considered a criminal act 1. The acts must be prohibited by the criminal code of Canada 2. There must have been intent 3. The accused must have been able to understand and appreciate the nature of the act and it's consequences