Crime Control versus Due Process in Canada :: Criminal Justice Papers

Crime have and out-of-pocket abut are two different ideal types of criminal referee. unrivaled could say they are extremes on a continuum. The role of abomination control is to get the criminal off the street and to protect the innocent. The due attend model of criminal justice is like an obstacle course, you have to keep up going through legal obstacles to ensure in the end you bunko the right person. In Canada the police magnetic inclination toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will show for both crime control and due process, putting more burden on due process If we did not have due process in Canada, people in positions of power, could manipulate the system for their own in-person or political gain and railroad the innocent off to prison. genius of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial system of justice is based on crime control the Swiss p olice had a hard time in Canada with Mr. Belshaw, because of his right to due process, under Canadian law. Both systems of justice share common beliefs, for example, they both look for proofread beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then adjudicate if they have a case and turn over the evidence to the judge. The sole(prenominal) problem is that the judge decides what will lead them to the truth. How any evidence was compile is irrelevant. In due process if the police obtain evidence and abuse the law or a persons charter of rights and freedoms the judge will bar the evidence from the hearing, even if it would help or prove that the person is guilty. These two sys tems of justice are generated in democratic traditions. In the case of Alois Dolejs the crime control model, was swift and took the criminal off the streets. The police had a crew of circumstantial evidence, for example, bloody cloths and two different types of blood. On the advise of his attorney, he was instructed not to disclose the location of the bodies, until after the trial.