The Canadian Justice System is built on the principal of the presumption of innocence where emphasis is placed on on ensuring that the innocent go free rather than the guilty being convicted (Huff, 2013). However, miscarriages of justice occur when an individual is wrongfully conviction, and such an occurrence tarnishes the system’s reputation greatly (Campbell & Denov, 2005). According to the edited case files presented by Moldaver (2009), Romeo Phillion was wrongly convicted of the murder of an Ottawa firefighter, Leopold Roy in 1972. Roy had been stabbed on August 9th of 1967, four and a half years prior to when Phillion had been charged with the crime in 1972 after confessing to the murder while in police custody. Despite recanting the confession immediately, the relatively short trial led to a guilty verdict but after investigations decades later, it determined that the prosecutor 's misconduct had led to the miscarriage of justice (Anderson, 2008). After a series of appeals and references, the case was reopened in 2009 which led to the conviction being overturned, and a new trial ordered whereby the Crown had withdrawn the murder charge because of the lack of reasonable prospect of conviction (Harland-Logan, 2014). Nevertheless, Phillion’s proven innocence after his 31 years of incarceration made him the longest-serving wrongfully convicted prisoner in Canadian history (Anderson, 2008). With this considered, the wrongful conviction of Romeo Phillion had been due to
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
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.
“The only two people that know I am innocent, is myself and the killer.” Imagine being blamed for a crime you did not commit, and nobody would believe you no matter what you said. Steven Truscott had forty-two years of his life taken from him for being charged with a crime he did not commit. He was charged at only the age of fourteen for murdering and raping twelve year old Lynne Harper. He then became the youngest death-row inmate after one of the most famous trials in the history of Canada. Steven Truscott should never have been convicted for the murder and rape of Lynne Harper due to the fact the forensic evidence was questionable the
Canada's Justice System It’s a common belief that western nations believe that their own justice system is blind, and that all people are equal before the eyes of the law. Whether or not that’s true is an entirely different scenario. Canadians take pride in our open mind approach to and acceptance of all cultures, multiculturalism is what makes this Canada so unique and great.
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.
A plea bargain is a negotiation between the defendant and their attorney on one side, and the crown prosecutor on the other side. A plea bargain may give the defendant a lightened sentence, in exchange for either confessing to some crimes, or giving information that is related to the offence, for example, the location of stolen goods or the names and locations of other participants, as well as their part in the offence.
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
Among the many differing cases of wrongfully convicted Canadians, the case of Guy Paul Morin is very interesting. There were many issues that caused an innocent man from Queensville, Ontario to be convicted of the murder of Christine Jessop. We’re going to look at how the police failed to conduct a thorough investigation, how the court system failed, and how cases like this can be preventing in the future.
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
In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who
John Crawford committed his first murder in 1981, two days before Christmas after meeting a woman at the bar. He was convicted of that murder and was sentenced to jail until 1989 after being paroled. Only 3 years after being given his life back, he took the lives of 3 others. He was finally caught and convicted in 1996 of the 3 murders and got 3 life sentences. If only we had the death penalty, those 3 women would still be alive today. In Canada, the most serious sentence for murder is life in prison with no possibility of parole for 25 years. In some cases, these criminals are eligible for parole within years of their sentencing. However, that is just not good enough. We cannot allow criminals to run free only years after their previous illegal
Even though America’s prisons are illustrated as a credible approach for individuals and institutions to bring justice, it has done a poor job to properly convict people for criminal acts and instances of violence, and to provide victim’s with satisfaction for due justice. Karakatsanis further evaluates upon the process of convictions in America. For instance, he examines the techniques that help support a court verdict, when he writes, “For many decades, American courts have allowed criminal convictions based on policing and forensic techniques that lack a scientific basis. Even after these methods were formally exposed as unscientific by the most prestigious collection of American scientists, police, prosecutors, and courts continued to use them every day nonetheless” (Karakatsanis (265). In accordance with Karakatsanis, the process for criminal convictions are largely flawed. In particular, eyewitness testimonies from police and evidence from forensic lack a significant scientific groundwork, and such approaches have been heavily scrutinized and criticized by the scientific community. Even with such criticism, there have been a lack of an institutional reform to rectify these imperfections. Subsequently, the methods for criminal convictions are often unreliable. Subsequently, plausible consequence may include how criminal suspects may be wrongful convicted of a crime that they were never involved in, and the victim’s or the victim’s family’s desire for justice may never
For the public, a shocking judgement has arised from the Supreme Court of Canada on Hart’s trial—a man accused of drowning his three-year-old twin daughters. The Court ruled that videotaped confessions were inadmissible and the murder charges against Nelson Hart would be withdrawn due to insufficient evidence. For such a heartbreaking loss, the conclusion of this case seems confusing at best. However, with examination into the tactics used by undercover officers in an attempt to secure Hart’s confession, the Court uncovers injustice and emotional manipulation which disputes the legitimacy of the operation.
Every country has a justice system in place in their society in order to maintain peace and equality. The Criminal Justice System gives civilians the opportunity to receive integrity through a legal system while giving them a fair chance to deal with negligence and misconduct. There are several components that work together to enforce the purpose played by the Criminal Justice System. Most obviously, it includes the rules and laws entrenched in the Charter and Constitution in which prosecutors and judges base their decisions. Secondly, it consists of the parliament who is responsible for putting these laws together. Then come the enforcement agents such as police officers and defense attorneys who regulate society using these rules.
As a Canadian, we have many rights and responsibilities. They include the Charter of Rights and Freedoms, digital rights and responsibilities, and Youth Rights. The charter of rights and freedoms apply to everyone in Canada. The digital rights apply to the information on the internet. And youth rights apply to the youths in Canada who have committed a crime. This chapter will explain these rights, responsibilities and freedoms in a greater depth, and explain the different levels of the Judicial system of