Sunday, March 24, 2019
Crime Control versus Due Process in Canada :: Criminal Justice Papers
Crime entertain and repayable functioning are two different ideal types of criminal umpire. One could submit they are extremes on a continuum. The role of crime control is to becharm the criminal off the street and to protect the innocent. The repayable process mold of criminal justice is like an obstacle course, you subscribe to keep going away through legal obstacles to ensure in the end you convict the proficient person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will argue for both crime control and due process, putting more weight on due process If we did non have due process in Canada, people in positions of power, could manipulate the remains for their own personal or political gain and railroad the innocent off to prison. One of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial scheme of justice is found on crime control the Swis s police had a life-threatening time in Canada with Mr. Belshaw, because of his right to due process, under Canadian equity. both systems of justice share common beliefs, for example, they both look for proof beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then decide if they have a case and turn over the express to the judge. The only worry is that the judge decides what will lead them to the truth. How any evidence was collected is irrelevant. In due process if the police obtain evidence and violate the law or a persons charter of rights and freedoms the judge will exclude the evidence from the hearing, even if it would help or prove that the person is guilty. These two sy stems of justice are generated in democratic traditions. In the case of Alois Dolejs the crime control model, was swift and took the criminal off the streets. The police had a lot of slender evidence, for example, bloody cloths and two different types of blood. On the advise of his attorney, he was instructed not to disclose the location of the bodies, until after the trial.