Compartive Legal Systems Canada vs Usa

The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. Ideally, the criminal justice system should incorporate the values of the scales of justice to control crime and impose penalties on those who violate the law (Jordan, 2014). When dealing with crime, this system mainly uses methods of retributive justice in order to achieve its goals. However, despite justice being supposedly impartial, there is an overwhelming amount of injustice in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Jordan, 2014). To combat this

Canadian Criminals are a major part of Canadian society. In our country if you were not the direct victim of a crime you tend to forget the members of society that take pleasure in causing societies grief. As in the case of James Hutchinson and Richard Ambrose, whose crimes were committed in December of 1974.1 They were convicted of killing two Moncton City Police officers. Today, years after the murders were committed Ambrose and Hutchinson are still the center of a major controversy that has plagued our parole system. In order to fully understand the controversy that Ambrose and Hutchinson posses you must look at the

The first section is for the mandatory minimum sentence of life in prison for first and second-degree murder and treason. The second section deals with firearms offences. The third section of mandatory minimum sentences address repeat offenders in seven distinct categories, which involve impaired driving and possession of unauthorized weapons (Canada, 2013). The last category of MMS in Canada deals with hybrid offences. These were implemented in the Canadian legislation in 1995. If an offender commits a crime that has been determined to result in a mandatory minimum sentence within the Canadian Legislation, the judge must implement that sentence no matter what the aggravating or mitigating factors are. Due to this sentencing legislation, many innocent people are serving time in prison due to a false conviction and the lack of judicial discretion in their individual case. Even though mandatory minimum sentences offer more costs then rewards, some politicians, community members and victims of crime still support it due to the proposed retributive and deterrent effects. There have been many cases and arguments against mandatory minimum sentences especially due to the fact that it restricts the judge’s discretion during the sentencing process. These will be discussed in more depth throughout this paper.

The Criminal Justice System has many components that make it up. There are many differences and similarities between Canada and America like the culture, religion, and governments. Some of the main differences and similarities being the Criminal Justice System. The Criminal Justice System is the law that is related to arresting, sentencing and punishing people if found guilty with jail time, probation, or community service. In this research paper, I will be stating some of the main differences and similarities between the Canadian and American Judicial System.

Capital punishment is crime's most dreaded consequence, death. Hanging was Canada's form of capital punishment up until 1976 when it was abolished. Webster's Dictionary defines capital punishments as: "The penalty of death for the commission of a crime." (Webster's, 1994, 43). The chance of capital punishment being reinstated in Canada has been very slim up until now. Recently the Canadian Alliance Party has put forth efforts to reinstate it, which has put the controversial topic back up for debate. This has divided many Canadians concerning their beliefs. Capital punishment should never be reinstated in Canada as it is a barbaric practice that is unjust. This essay will clearly demonstrate that reinstating capital punishment

Since the British North America Act was adopted in 1867, Canada has been developing and writing up their own laws independently from other countries. Many people believe that, though our Canadian laws have come far from the days of the BNA act, they are still not up to par with the harshness of American laws. The advantage that Canadians have over Americans is that in Canada, there is only one criminal code for all Canadians whereas in the United States, every State has their own criminal codes which, unfortunately for the Americans, are not identical. Also, the United States and Canada each have a law that is fraught with the possibility that an injustice will be brought upon those whom these laws apply. In the United States, it is the

The Canadian criminal justice system consists of multiple roles in order to sustain a well-working government system. The system is put in place in order to keep safety, equality, peace and fairness. There are four main functions of the criminal justice system that are interrelated segments that help protect a society from crime. The criminal justice system consists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts.

The supreme court of Canada has overruled numerous laws put forward by the Harper government. In 2010, former Prime Minister Stephen Harper was opposed to the Vancouver Eastside supervised injection site. Stephen Harper took a conservative approach to the issue, he said that “we as a government will not use taxpayer’s money to fund drug use” (Rachlis, 2010). The Prime Minister did not recognize the potential benefits to Canadian society as he focused on budgeting, without recognizing the benefit to public welfare that would reduce disease, death and have a rehabilitative effect on participants of the program. Judicial decisions play an influential role in the provisions of the Constitution because their interpretation is essential to understanding and employing it. In this essay I will argue that the traditional role of the judges has evolved into having a determinative function of law, that allows judges to uphold citizen’s rights and preserve justice in Canada. Through analyzing judicial review, I will demonstrate how judge’s role is much more than an interpretation of law through exploring the idea of Charter proofing, integrating public opinion in decisions, production of common law and judicial activism that serve in creating a climate that is adaptive to new issues that may arise and free from arbitrary rule.

As Ghandi once said, “You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty”. Canada is a society based around democracy; if the government grants themselves the absolute power to end a person’s life with a single sentence, there are bound to be negative repercussions. It is human nature to makes mistakes, but it is a virtue to learn from them. Instead of resulting to the death penalty as a punishment for committing a serious crime, society should have faith in that person’s ability to change, improve, and be rehabilitated. Moreover, the death penalty is an ineffective way to punish criminals when it comes to serious crimes. If anything, it is an escape for those who have no remorse for their actions. There is no reason to end the life of a human being, no matter how malevolent they are, as it does not benefit society in any way, shape, or form. One could argue that the offender would no longer be able to harm others, but that same result could come from a prison sentence. Furthermore, the rights outlined in the Universal Declaration of Human Rights and the Canadian Charter of Rights and Freedoms, are fundamental human rights that are not subject to a select group of people, but all of humanity. Capital punishment, no matter the reason, is essentially still murder, as the life of another human is being taken. Limitations must be set in order to separate humanity from the criminals it harbors. Society

As of 2008, fifty-eight, about one-third of the world’s countries, favor the death penalty, including the United States (Death Penalty Information Center). Currently, thirty-five out of the fifty states, including California, Florida, Arizona, Kentucky, Texas and even Washington, have legalized capital punishment (Death Penalty Information Center, 2010). As of January 1st, 2010, 3291 inmates were awaiting their punishment on death row (Death Penalty Information Center, 2010). California holds most of them, with 697, followed by Florida with 398 (Death Penalty Information Center, 2010). The 2009 FBI Uniform Crime Report showed and stated the South has the highest murder rate of all areas of the country and is therefore directly related to being responsible for over 80% of all executions. Also, consistent with previous reports, the Northeast has the lowest homicide rate of the nation and is only responsible with a small 1% of execution (Death Penalty Information Center, 2010). Now, in regards to Canada, the death penalty is a sentencing that the country does not justify. However, it has not always been this way. It wasn’t until 1976 that the death penalty was removed from the Canadian Criminal Act, where it was then replaced with the mandatory life sentencing without the chance of parole for the first twenty-five years. This was true for all first-degree murders (Munroe, 2010). Following that date, in 1998 capital punishment was removed from the

Beginning with the enactment of Bill C-68 in 1995, mandatory minimums were introduced into Canada in hopes of deterring criminals from committing heinous crimes; however, their ability to constrain judicial desecration paired with the lack of an increase in crime prevention benefits have made them an unnecessary addition to the Criminal Code of Canada. The mandatory minimums within Canada are not only ineffective as a deterrent, but they are also the culprit behind the uneven sentencing set out for those convicted in drug, gun or sex crimes. Every sentence which is given by a judge should be individualized to the criminal. Offenders should be a judge consider their particular circumstances are they are individuals, and there is no ‘one

In Canada alone there are approximately 403,000 criminal justice cases annually (Dauvergne, 2010) with a

Although, Canada offers comparable qualities and values with other countries, The Charter of Rights and Freedoms really separates Canada from other social liberties enactments. The Charter of Rights and Freedoms upholds the diversity of differing qualities of Canadian culture and assures the freedom of individuals that lengthens boundaries apparent to the constitutionalized law. Thusly, contrasted with different nations, Canada’s judiciary performs a huge part in deciphering the law. Considering the Charter of Rights and Freedoms which consists of basic human rights, it is evident that Canada has many significant laws that acknowledge and protect the rights and freedoms including the liberty and equality of citizens.

There are always many differences and similarities between two countries, even they are in close geographical area. Both United States and Canada are on the America continental, therefore the United States and Canada are in close geographical location and in the neighborhoods, most people think that culturally they are same .But this is not true. Despite all similarities between these two countries, there are many differences between them.

From the outside looking in, it is easy to peg Canada as a world leader in the realm of justice. However, as bright as a beacon as Canada is, even we are not without our flaws. This paper will serve to illustrate that there is a particular issue of access that spans beyond procedural inefficiencies and raises larger concerns when it comes to the due administration of justice in our court system. Firstly, we will brief over the origins of our hybrid legal system to understand the tenets that comprise the framework of the Canadian legal system.