The Canadian Criminal Justice System

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

Throughout history, certain crimes have been separated into different categories base on their prevalence. For every crime, the offense and charge is different. In addition, not every

A tort is an act of wrong doing to one in the absence of a contract. The wrong doing occurs when there is a breach of duty, that is, when one has been inattentive to act in a reasonable manner. The wrong doing or wrongful act must cause loss or injury in order to be acknowledged as a tort. Furthermore, a tort is not necessarily a crime, but depending on the wrongful act committed, could be considered both a tort and a crime, such as when one is physically attacked. A tort is treated as a civil wrong, is used to more or less, make amends to the individual victim via compensation; punitive damages may also be assessed. A crime is considered a public wrong, a breach of duty to the general public, resulting in criminal action being taken by the state, which may include punishment via incarceration. (McAdams, 2015, p. 278).

Many Canadian citizens would argue that The Canadian Independent Justice System is a threat to democracy. An independant Justice system is when the courts do not depend or rely on the government. They operate on their own and are independent from any government organizations. The Canadian independent Justice System is beneficial and good for democracy because the Judges can not be intimidated by the threat of losing their job, the court system allows appeals, and judges must abide to The Canadian Charter of Rights. The Canadian Independent Justice System is not a threat to democracy.

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.

Oxford English Dictionary- An action or omission which constitutes an offence and is punishable by law: ‘shoplifting was a serious crime’.

In contrast to the Canadian parliamentary system, which has remained fairly static and unchanged since Victorian times, the Canadian legal system has undergone a tremendous evolution over the last century and a half. When looking at Canadian history in depth one discovers the repeated movement to take power from the superiors or the overruling and place it into the palms of the people. As seen through examples our western law (canadian law) has slowly branched off from the supremacy of God (mosaic law), to the supremacy of the monarchy (bristish law), finally to a realization of the importance of citizen participation in the creating, governing, and administrating of the laws (Greek law).

The trial judge convicted Davis on three different counts. The counts were: possession of a weapon with harmful intentions, the assault of a police officer while on

One of the challenges the Canadian justice system faces is lack of personnel, specifically police

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.

Between the two schools of epistemology, rationalism and empiricism, I am inclined towards the philosophies of rationalism. I am persuaded towards philosophical approaches which are superior at attaining truth. Empiricism relies on observation using the five senses in reasoning to achieve truth. However, in Plato’s Thaetetus, Socrates gives strong arguments for the limitations of human perception. The Canadian legal system, also, recognizes flaws in human observation, which increases my skepticism of empiricism. Conversely, rationalism relies solely on the use of logic and deduction in reasoning. Both, Plato and Socrates stressed the value of rationalism through the ability to know and express combinations of elements through mathematics. Large

Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse

     The laws of the United States have been revised numerous times, and the Criminal Code of Canada is similar. The Criminal Code is a systematically arranged body of law dealing with crime. The code has been revised multiple times over the past century by the federal government

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

One of the areas in which the two differ is the question of whom is the crime a violation of? The criminal justice system believes that crimes are a violation against