Pros And Cons Of The Canadian Criminal Justice System
Like majority of the world, the Canadian criminal justice system consists of three main parts: the police, the courts and the corrections. These three main parts are responsible for the smooth operations of our criminal justice system. However, there are other factors that can affect the fluency of our system; factors such as the legislations, the Canadian Charter of Rights and Freedom, the mass and ever-growing public media, and human behaviours and emotions. It is the intension of the writer of this assignment to point out and discuss some of the advantages and disadvantages of the Canadian criminal justice system under the influences of the four factors base on the writer’s academic experience and own thoughts. The first component
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During this process, the police are allowed to legitimize use of “necessary” force to protect themselves and to successfully arrest suspects. The factors of human behaviours and emotions take effect right from the beginning of the arrest. Depending on the offences, and behaviours, police may hold varies perspectives powered by their emotions, toward suspects and thus may influence the levels of the force used in arrests. The judgement of which level of force to use lies with police, however they are restricted by the legislations and the Charter of Rights and Freedom. There have been constant debates over the definition of “necessity” in using force, but when the public media kicks in, it becomes a circus. The public often hear the phrase “police brutality” in the news and are aware of the crime rates climbing ever higher, but are they always the truth? The mass public media likes to over exaggerate events to attract public’s attention, the medias follow a very strict rule, “if it bleeds, it leads”. (Wade Deisman) In the writer of this assignment’s opinion, the articles and news reports we read or hear are often …show more content…
People settle disputes and seek remedy of justice in courts since it was first established in England. Today in Canada, courts must follow certain laws and legislations to ensure that no case will be sentenced without a trial in court. This is to ensure the due process and the fundamental justice in our CJS. However, all these laws, legislations, and the Canadian Charter of Rights and Freedom do not always provide people with fairness and justice. In the case of R. v. Sharpe [2001] 2 S.C.R. 45, Sharpe was charged with two counts of possession of child pornography and erotic stories he wrote fantasizing about young boys, titled “Kiddie Kink Classics”. He was acquitted because of his defence using the Charter of Rights and Freedom, the freedom of expression. He argued that he was not going to distribute them and it’s his freedom of expression. Another example is the case of Wilbur Ventling, also freed by the Charter, argued by his defence lawyer that the case has taken too long to go to trial. Which leads us to another common problem in court, is the lengthy time and process it takes for each individual cases. There are limited numbers of judges throughout Canada and only they can decide on cases. This lack of judges results in lengthy time for most cases to appear in courts and not to mention the process in between, where the defence lawyers may ask for more time or try to get technical, and the time for
During this process, the police are allowed to legitimize use of “necessary” force to protect themselves and to successfully arrest suspects. The factors of human behaviours and emotions take effect right from the beginning of the arrest. Depending on the offences, and behaviours, police may hold varies perspectives powered by their emotions, toward suspects and thus may influence the levels of the force used in arrests. The judgement of which level of force to use lies with police, however they are restricted by the legislations and the Charter of Rights and Freedom. There have been constant debates over the definition of “necessity” in using force, but when the public media kicks in, it becomes a circus. The public often hear the phrase “police brutality” in the news and are aware of the crime rates climbing ever higher, but are they always the truth? The mass public media likes to over exaggerate events to attract public’s attention, the medias follow a very strict rule, “if it bleeds, it leads”. (Wade Deisman) In the writer of this assignment’s opinion, the articles and news reports we read or hear are often …show more content…
People settle disputes and seek remedy of justice in courts since it was first established in England. Today in Canada, courts must follow certain laws and legislations to ensure that no case will be sentenced without a trial in court. This is to ensure the due process and the fundamental justice in our CJS. However, all these laws, legislations, and the Canadian Charter of Rights and Freedom do not always provide people with fairness and justice. In the case of R. v. Sharpe [2001] 2 S.C.R. 45, Sharpe was charged with two counts of possession of child pornography and erotic stories he wrote fantasizing about young boys, titled “Kiddie Kink Classics”. He was acquitted because of his defence using the Charter of Rights and Freedom, the freedom of expression. He argued that he was not going to distribute them and it’s his freedom of expression. Another example is the case of Wilbur Ventling, also freed by the Charter, argued by his defence lawyer that the case has taken too long to go to trial. Which leads us to another common problem in court, is the lengthy time and process it takes for each individual cases. There are limited numbers of judges throughout Canada and only they can decide on cases. This lack of judges results in lengthy time for most cases to appear in courts and not to mention the process in between, where the defence lawyers may ask for more time or try to get technical, and the time for