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unit3criminallaw1 day 2

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Unit 3: Canada’s Criminal Justice System Introduction: Legal Fundamentals Lady Justice  Symbols and imagery:  What do they mean?  Think! Legal Fundamentals  The Presumption of Innocence:  Anybody charged to a crime is presumed to be innocent. The crown (state) is responsible to prove the defendant guilty.  The Burden of Proof:  the defendant must be released unless the crown proves guilt beyond a reasonable doubt  Habeas Corpus:  the right not to be detai
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  Unit 3: Canada’s Criminal Justice System  Introduction: Legal Fundamentals  Lady Justice  Symbols and imagery:  What do they mean?  Think!  Legal Fundamentals  The Presumption of Innocence :   Anybody charged to a crime is presumed to be innocent. The crown (state) is responsible to prove the defendant guilty.  The Burden of Proof  :  the defendant must be released unless the crown proves guilt beyond a reasonable doubt  Habeas Corpus  :  the right not to be detained or imprisoned unlawfully.  If the crown can't show cause, the person must be released.  Legal Fundamentals continued  The Right to a Fair and Speedy Trial :  Fairness - assured by jury, unbiased judge, rules, etc.  Speed  –  100 000 drunk driving cases were thrown out of court in Ontario because they had taken too long  Equality Before the Law :  “Justice is Blind”    not young/old, rich/poor, male/female, culture, religion, etc.  a.k.a. “rule of law” –  no one is above the law  British common law:  Based on British law  Includes: protection against self-incrimination, protection of being tried for same offence twice (double-jeopardy), use of precedent
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