Presumption of Innocence – Every criminal case begins with the presumption that the accused person is innocent. It is up to Crown counsel, representing the community, to prove beyond a reasonable doubt that the accused committed the crime. Due Process – Due process is related to the presumption of innocence.
What is the fundamental principle of Canada’s justice system?
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. The principles of fundamental justice found in the basic tenets of our legal system.
What are the fundamental principles of criminal justice system?
They “stipulate what is common in all crimes.”4 The seven principles necessarily present in all “true” criminal law include legality; nens rea, act, and their concurrence; causation; harm; and punishment.
What are the two principles of criminal law?
Basic criminal liability is human free will and the purpose of the penalty is retribution. 2. Crime is essentially a social and moral phenomenon and penalty is imposed for self-defense. 3.
What are the two 2 characteristics of criminal law?
Characteristics of Criminal Law: 1. General – the law is binding to all persons who reside in the Philippines 2. Territorial – the law is binding to all crimes committed within the National Territory of the Philippines Exception to Territorial Application: Instances enumerated under Article 2.
What are the two principles upon which Canada is founded?
The Constitution of Canada was amended in 1982 to entrench the Canadian Charter of Rights and Freedoms, which begins with the words, “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.” This phrase underlines the importance of religious traditions to Canadian society and
What is one of the fundamental principles of the Canadian Constitution?
Fundamental Freedoms
The charter guarantees everyone the freedom of conscience and religion; thought, belief, opinion, and expression, including freedom of the press and other means of communication; peaceful assembly; and association.
What are the 3 key principles of the justice system?
These sentencing principles reflect all three the key principles of fairness, equality and access. The judge must also take into account specified purposes of sentencing and particular factors identified to be relevant to sentencing under the law.
What is the fundamental principle of rule of law?
Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated. Equally enforced. Independently adjudicated. And consistent with international human rights principles.
What are the 3 principles on which justice is based?
Owing in part to these cumbersome tests, this third category over time has coalesced around three principles of fundamental justice grounded in the concept of proportionality — arbitrariness, overbreadth and gross disproportionality.
What is the number 2 pillar of criminal justice system?
The second pillar is the prosecution arm of the government. It is mandated to uphold the rule of law.
What are the two main models of criminal justice?
Packer developed two key models – the due process and crime control models of criminal justice.
What are the 2 fundamental principles under which the US of government was founded?
Consent & Republican Government
Consent of the Governed/Popular Sovereignty: The power of government comes from the people. Democracy: A form of government in which ultimate authority is based directly on the will of the people.
What are 2 responsibilities of a Canadian citizen?
Our responsibilities as Canadian citizens include the following:
- Obeying the law: One of Canada’s founding principles is the rule of law.
- Taking responsibility for oneself and one’s family financially.
- Serving on a jury: You are legally required to serve the judiciary system when asked to do so.
How many principles are there for the Code of Conduct Canada?
The VECPS includes five core values: respect for democracy; respect for people; integrity; stewardship and excellence. These encompass several other principles such as lawfulness, impartiality, honesty, courtesy, transparency, accountability and professionalism.
What are the fundamental principles of the Constitution?
The Constitution rests on seven basic principles. They are popular sovereignty, limited government, separation of powers, federalism, checks and balances, republicanism, and individual rights. Popular Sovereignty The framers of the Constitution lived at a time when monarchs claimed that their power came from God.
What are the four fundamental principles of law?
These are: limited govern- ment powers, fundamental rights, regulatory enforcement and civil justice.
What are the 3 fundamental rights?
Right to Equality (Article 14-18) Right to Freedom (Article 19-22) Right against Exploitation (Article 23-24)
What is the criminal justice system in Canada?
The Canadian criminal justice system is comprised of three major components — police, courts, and correctional services — each of which includes several types of official decisionmakers.
What are the two principles of justice quizlet?
Rawls further identifies two-principles of justice acceptable to all people: First, each person is free & worthy of respect, and liberty is restricted only out of respect for the liberty of other; and second, social & economic opportunities must be open to all even though outcomes may be different (p. 97).
What is the most important principle of justice?
The most fundamental principle of justice—one that has been widely accepted since it was first defined by Aristotle more than two thousand years ago—is the principle that “equals should be treated equally and unequals unequally.” In its contemporary form, this principle is sometimes expressed as follows: “Individuals