Canadian Courts and Criminal Trial Procedures - Essay Example

Only on StudentShare

Extract of sample
Canadian Courts and Criminal Trial Procedures

This fact has been affirmed by extensive research conducted by many organizations. The Law reforms commission of Canada addressed the jury selection process in its 1980 working paper The Jury in Criminal trials, and its 1982 Report, The jury. The Commissions basic conclusion was that no drastic revision of the process was called for (Granger, 153). "There is a good reason historic, political, intellectual, and pragmatic - to retain the jury system" (Law reforms commission of Canada) Furthermore, the protocols established through common law nullify the possibility of bias being induced into jurors. In R. v. Caldough, it was established that, any communications with jurors are to be considered an interference with justice (Granger, 157). This was further expanded on in R. v. Papineau, where the court ruled that such conduct was to be considered contempt of court, and obstruction of justice (Schreck, Web Source)
These rules apply whether the juror has been sworn, discharged, or whether the prospective juror has just merely been summoned to serve. A violation of the rule can result in discharge, of the juror, a mistrial, a citation for contempt of court, or a criminal charge (Granger, 157). Also, "a juror must not only be impartial, but manifestly be seen to be impartial" (Granger, 158). ...
Download paper

Summary

The history of criminal law is comprised of an abundance of issues. The concept, origin, and development of law all exemplify the indigenous character of criminal law. It is very fortunate that Canada has had the opportunity to model off of other various governments and criminal justice systems…
Author : elmiralueilwitz

Related Essays

american courts and the criminal justice system
This killed his victim on the spot. The unsworn statement however contradicted his earlier statement to the police that indicated that he had fired blindly while escaping1. Whichever the case though, William Furman would have been found guilty of killing (murder). This was due to the fact that the shooting took place during the commission of a felony. The suspect was tried for murder and found guilty largely on the basis of his statement. After a one day trial, Furman was found guilty uf murdering William Micke and was sentenced to death on 20th September 1968. (Roensch 2007)
...
10 pages (2510 words) Essay
International Courts and Tribunals
Despite the measures left behind by British military tribunal, all international and especially Americans did not practice separate hearings for matters in which guilt has been established. Most tribunals seldom affix an obligatory final clause to their judgments appraising extenuating factors in rare cases. Therefore there is little or no standard to help courts and tribunals now that that international justice has been rejuvenated almost 50 years later with the setting up of international tribunals for the previous Yugoslavia and Rwanda. Firstly what are international tribunals,...
8 pages (2008 words) Essay
Criminal identification procedures
Just as many other things have during the course of the last decade, the technological advancement in the pursuit of legal justice has been astonishing. Never before in history have investigators had tools at their disposal to solve a case and as such, giving the victim(s) some much needed closure for healing and getting the sense of justice which is entitled to them. With all of this advancement, each innovation in its own right played an instrumental role in crime solving. In that case, two of the specific advancements in technology to observe are DNA Analysis and the use of Intra-agency...
6 pages (1506 words) Essay
Criminal Law & The Canadian Criminal Code
Being found in a bawdy house is a summary offence and the offender faces a maximum term of six months in prison and/or a $2000 fine (sections 210 (2) and 211). Simply stated, prostitution crimes are mainly focused on those acts committed in public. This includes but is not limited by a prostitute stopping a car in traffic or approaching a prospective client in the street and offering sexual services. (section 213(1).
...
2 pages (502 words) Essay
criminal procedures essay assignment
United States, is applicable to statements made under custodial investigation that have been made without the benefit of Miranda warnings. It does not exclude voluntary statements given while no arrest has been made or when the individual's liberty has not been curtailed.
...
2 pages (502 words) Essay
criminal and civil law
In this study, the difference between the civil and criminal court principles, administration, procedures and types of cases in Ontario will be compared and contrast. As part of going through the main discussion, examples of cases that occurred in Ontario since 2005 will be provided in this paper.
...
6 pages (1506 words) Research Paper
Texas basic trial courts
The Supreme Court of Texas, is the final appellate jurisdiction in civil and small cases that issues writs. It has overall duties in Texas court system. Supreme Court has powers to implement essential regulations of civil trial practice, procedure, verification, appellate proceedings and publish rules of administration in the State. The Supreme Court has one Chief Justice and eight Associate Justices who serve for six years (Brandon, Quarles and Mathew 2003).
...
1 pages (251 words) Assignment
Got a tricky question? Receive an answer from students like you! Try us!