StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Canadian Criminal Justice System - Essay Example

Cite this document
Summary
Canadian Criminal Justice System Author Institution Abstract The legal system of Canada is based on English Common Law (old) by explorers and colonists. The law of the immigrants prevailed over the rules of the Canadian settlers, and the law of the immigrants guided the conduct of people in Canada for a long time…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94% of users find it useful
Canadian Criminal Justice System
Read Text Preview

Extract of sample "Canadian Criminal Justice System"

Download file to see previous pages

This paper will analyze the judicial system of Canada and the application of criminal responsibilities for rape crimes, in this country. Canadian Criminal Justice System The legal system of Canadian is based on English Common Law (old), which were brought by explorers and colonists. The law of the immigrants prevailed over the rules of the Canadian settlers, and the law of the immigrants guided the conduct of people in Canada for a long time. The judicial system is crucial in a country; it facilitates the application of justice in the society, and it helps punish the law breakers.

Most aspects of the Canadian criminal justice system are unique and different from other systems in the world. However, the Canadian system of criminal justice inclines towards utilizing the due process model. The suspects’ rights are respected and protected until their guilt is proven, without doubt. This is one of the most significant tenets; therefore, a person charged with offense (criminal) is only proved guilty by a jury. Otherwise, a suspect of a criminal offense is treated and believed to be guilty during the process of trial, in a law court.

In the event that the police are convinced that their grounds are adequate to proceed with a criminal charge against an accused person, then the accused is apprehended to answer the charges before the court (Howe & Russell, 2001). Further, the accused person is entitled to an affordable bail. In the event that the issue reaches the stage of trial, the crown attorney who is prosecuting the accused person assumes the responsibility of proving that indeed the suspect committed the offense. For instance, if it is a murder charge, the crown attorney will call the people who witnessed the accused committing the crime, and in other forms of crimes like rape or robbery, the attorney will call the victims to testify against the suspect (Howe & Russell, 2001).

Depending with the strength of evidence presented by the prosecutor, the suspect may call on his own witnesses who would bring reasonable doubt to the case. In such an event, the jury is left with the mandate to pass judgment, with regard to the available evidence and witnesses. At this stage, the case goes to sentencing stage where the judge passes the sentence, either acquitting the accused if there is no substantive evidence, or a jail term in proportion with the nature of the criminal offence (Ehrlich, 2001).

This model utilizes the adversarial system where the judge acts as an independent arbiter, and he is the one who adjudicates between the prosecutor and his witnesses and the accused and his witnesses. Apparently, the paper has disrobed the judicial system that exists in Canada, and it will shift the focus on investigating the applicability and assignment of criminal responsibility to sexual offenders. Rape is described as the act of forcibly having sexual contact with a female partner, without her consent.

Sexual offences are further incorporated with having sexual contact with persons who are minors. Sexual contact with minors is another serious criminal offence, which can attract heavy fines and long jail sentences. The pursuits of these cases are based on the two popular models of justice, which are employed by the Canadian law enforcement agencies, as well as the judicial system (Ehrlich, 2001). The initial model that is employed in assigning criminal responsi

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Canadian Criminal Justice System Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved de https://studentshare.org/law/1457086-judicial-system-and-application-of-criminal
(Canadian Criminal Justice System Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/law/1457086-judicial-system-and-application-of-criminal.
“Canadian Criminal Justice System Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1457086-judicial-system-and-application-of-criminal.
  • Cited: 0 times

CHECK THESE SAMPLES OF Canadian Criminal Justice System

The Jury Nullification Canadian Criminal System

Jury Nullification Name Professor Institution Course Date Introduction Jury nullification based on historical information and different cases so far arbitrated through this system, has prompted to the rise of numerous mixed reactions towards its operations among citizens.... Despite numerous negative responses anti jury nullification, I think its role is more of upholding the execution of justice with consideration of morality.... This is upholding of morality, justice and vulnerable people's rights as well as protecting those who may not have adequate knowledge concerning interpretation of a certain laws....
11 Pages (2750 words) Case Study

The Division of Labour

On the other hand, bondless individuals examine their own capability to go against the norm, that is, committing the criminal act.... criminal or offender has a strong belief in his conduct of interest, and his dependence on other relations is mere and insignificant....
6 Pages (1500 words) Essay

Aboriginal people and the Canadian justice system

Disproportinate level of aboriginal incarceration -the Canadian Criminal Justice System is rooted in a strong reliance on incarceration and as a result, Canada is placed among the highest users of imprisonment in the world .... hrough persistent dialogue with various levels of government, aboriginal communities across Canada have gradually begun to explore the possibility of administering various components of the criminal justice system.... Overall, the Program helps Aboriginal people who are in conflict with the criminal justice system to obtain fair, just, equitable, and culturally sensitive treatment....
6 Pages (1500 words) Essay

Canadian Criminal Justice Reform

The paper "canadian criminal justice Reform" describes that Canada's prison system is in dire need of reform and as Webster and Doob demonstrate in their article on the penal harm movement, there is much interest in a reformation of the penal system.... The numbers are staggering and must be understood if one hopes to tackle the issue of criminal justice reform and correctional policy reform in the 21st century (Tony, 2001; Statistics Canada, 2008).... eeking to address the fundamental issues associated with an overcrowded prison system and to propose a means through which correctional policy reform can be undertaken in the Canadian context, the following will argue that restorative justice will provide the answer to Canada's incarceration woes....
6 Pages (1500 words) Coursework

Criminal Justice Reform: Restorative Justice for Aboriginal Offenders

Importantly, certain groups of Canadian society are disproportionately represented in the criminal justice system.... It would not make sense to continue along the path of the United States and Canada must revisit its correctional justice system.... "criminal justice Reform: Restorative Justice for Aboriginal Offenders" paper argues that Canada's prison system is in dire need of reform and as Webster and Doob demonstrate in their article on the penal harm movement, there is much interest in a reformation of the penal system....
7 Pages (1750 words) Coursework

Human rights

(Beitz, 2009) The Declaration lays out the structure of rights system and describes the mechanisms that must exist within institutions.... What this means is that a legal system can be understood as a control system which is instrumental in controlling and regulating the actions of its individuals....
14 Pages (3500 words) Research Paper

Overrepresentation of aboriginal youth in the canadian criminal justice system

This aspect continues to contribute to the overrepresentation of the Aboriginal youths in the Canadian Criminal Justice System.... As a result, Canada continues to witness the overrepresentation of the Canadian Criminal Justice System.... Although a large number of the Aboriginal uths depend on social aid, statistics indicate that on-reserve Aboriginal individuals that rely relying on social assistance comprise of 35% of the entire Aboriginal youths; this is a high rate in relation to the 5% of the canadian population which depends on social support (Sprott and Doob 28)....
5 Pages (1250 words) Thesis

Analysis of Books about the Domestic Violence

However, the discussion on this volume is mostly focused on contemporary policymaking in and response of the criminal justice system to domestic abuse cases.... The paper contains the annotated bibliography of books about the domestic violence such as "Domestic Violence: The Changing criminal justice", "Domestic violence: the criminal justice response" and "Responding to Domestic Violence: The Integration of criminal justice and Human Services"… This article is useful to the current study due to its wide-ranging approach to qualitative studies on the experiences of battered women with victim service agencies, as well as the effectiveness of health care counseling in encouraging victims of domestic violence to pursue their cases and legal rights  The relevance of this book to this study is largely similar to that of the previous reference....
20 Pages (5000 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us