Legal Guilt Analysis

Canada is considered a mixed economy in which certain sectors of the market are owned by the government and other sectors are owned by the individual. The health care is owned by the government, and yet businesses can be owned by the individual. This ensures that while we can still have self-interest and desire to do what we want, we still have parts of our life that will always be there such as health care. Canada connects

Before the Charter, many people may argue that Canada was a free and democratic country. Canadians had the freedom of expression, equality and the principles of fundamental justice. What changed with the creation of the Charter was that rights and freedoms were given constitutional status, and judges were given the power to strike down laws that infringed on them. In 1982, most Canadians agreed that the introduction of the Charter was going to monumental. But on the contrary, over 30 years later, numerous laws have been struck down by interpretation of the charter and remedial techniques that have been developed by courts.

The Court noted that future regulation of pretrial stages with the adoption of police codes and other safeguards of fairness might render a stage not critical and vitiate the constitutional need for counsel. Regarding the case at hand, the Court held that violation of the counsel requirement did not necessitate reversal of the conviction. The conviction could be upheld if the prosecution could show by clear and convincing evidence that the in court identification of Wade as the robber was based on the witnesses ' observations of him during the crime. The Court vacated the decision of the Fifth Circuit and remanded to the trial court for further proceedings.

The mens rea is the mental element of an offence. It refers to the mental state of the accused in terms of the offence. If no mens rea is present the accused cannot be convicted with the exception of absolute or strict liability. In order for a person to be guilty of a specific crime it is expected that the defendant has the necessary mens rea.(4) ‘Intention means the conscious objective or purpose of the accused.’(1) Intention is not the same as motive or desire to achieve a particular result.

While there are many more concepts of law that the book mentions I feel that these are the most important concepts of law that somehow are the foundations of the legal system in the United

First, the 7th Amendment ensures that citizens have to right to have a court. It also helps us because the common law or civil law court hear their case on the Federal level by a jury. It also helps us by providing a jury trial. For example, in court jury, the case protects and no one can change the factor otherwise it will be re-examined by another court of United States. As well as, a person can’t be a double jeopardy which means if someone commits a crime and the police didn’t find any evidence against them so they can free to go.

The Fifth Amendment protects you from being arrested for a crime if the indictment was not carried out properly. It also says that the state and the country have to respect your rights as a citizen of the United States. The Sixth Amendment gives the person the right to a fair and speedy trial along with a fair jury and an attorney if the person accused of the crime wants one.

First, the pro viewpoint is Stand your Ground laws allow citizens to protect themselves and their property without fear of prosecution. For instance, the law is effective; it is just misunderstood. Bradford Cohen, a past president of the Broward Association of Criminal Defense Lawyers, and

I think that the court systems should have a little more power when it comes to choosing due process or criminal control. If the person is a first time offender and it is a small crime then I think they should have the right to defend themselves. On the other hand if the person is being prosecuted for the second or more time for the same type of offense or if it was an offense that is very bad then I feel that they need to be punished for the crimes that they have committed. I do believe that there should be balance because not all court cases need to be dealt with to the extreme of punishments but then there are some cases and individuals that never seem to learn so they need to be dealt with in a different way to deter them and others from committing those same

As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.

Criminals who have higher level crimes are less likely to be able to get their records expunged. Any prisoners who show true example of rehabilitation records should be expunged after their sentences and requirements of their release have been fulfilled . To begin with whether or not a record should be expunged we should first know what is is and the process of getting a record expunged. Expungement is the process of sealing arrest and conviction records.

If dialogue theory is nothing more than a thin cover for judicial supremacy, than how should Canada model the relationship between the legislature and the judiciary? The answer lies in coordinate interpretation. Coordinate interpretation envisions that every branch that interacts with the Charter (the judiciary, the executive, and the legislative) will have equal responsibilities in upholding and advancing the values in the Charter (Slattery, 1987, 707). Under coordinate interpretation, the executive and the legislative branches would have “first order” duties, which means they would be expected to scrutinize legislation that they intend to pass in order to ensure Charter compliance; likewise, they also have a duty to scrutinize legislation

INTRO There has been 7 public inquires held by the provinces in the last 20 years that have examined wrongful convictions The justice system is organized with many rules and procedures that make it supposedly difficult for a wrongful conviction to occur -recognition of the falibiulity of the Canadian criminal justice system -serious implication -trust in the justice system erodes and innocent people suffer. Commission names The Royal Commission on the Donald Marshall, Jr., Prosecution The Commission on Proceedings Involving Guy Paul Morin The Inquiry Regarding Thomas Sophonow

Freedom is the power or right to act, speak, or think as one wants without hindrance or restraint. The foundation of America is freedom. Freedom from Britain. However, the freedom is limited to white males who own property. When colonists started to immigrate to America, they wanted to escape from under the rule of Britain.

With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.