A liberal democracy can survive for a while on institutional strength and widespread agreement. As long as most people are generally satisfied with how things are going (or have made peace with the status quo), it is easy to imagine that something like a social contract will keep things on track. Hamish MacAuley makes a persuasive case that many Canadians came of age politically between the collapse of the Berlin Wall and the 2008 financial crisis, when consensus was widespread and politics seemed optional, thus many chose to stay out. We abandoned democratic governing habits during prosperous times. Instead, we played politics. In response, McGill's Jacob T. Levy advocates for political action that rejects the status quo while also refusing to burn it all down or take our ball and go home. We should participate in politics, even if it is unsatisfying. When the foundations of our democratic structure or the rights of vulnerable people are jeopardized, it makes sense to delegate aut
There are many ways in which Canada and the US are alike. One area where our criminal justice systems are alike is that they were both based on the English common law system. But there are a lot of important differences.
The central government in Ottawa, Canada, is in charge of criminal law in the country. The Canadian Criminal Code is a government law that all provinces and territories must follow. Each province can't pass laws that go against the Constitutional power of the federal government over criminal justice.This can be a problem because there are 50 different criminal codes. In the United States, there is some federal criminal law that applies, but most of the criminal justice system is run by the states. In terms of how they work, the Canadian and American criminal justice systems are more like those in normal American states, though there will be differences between them.
Many U.S. states have strict sentencing systems that are written down in their criminal codes
These systems set a punishment for each crime based on how bad it is; for example, first-, second-, or third-degree murder would all have different punishments. If someone is found guilty of a certain crime, they will be given the specified punishment. Canada's sentencing method, on the other hand, is much more flexible. There is a minimum sentence for some crimes in Canada and a maximum sentence for all crimes.
However, judges are free to choose a suitable sentence that falls between these two limits. After the Criminal Code was passed, many of the minimum punishments it sets have been found to be unconstitutional. If the charge against you comes with a minimum sentence, talk to a lawyer to find out if it is still in effect or if it is being fought.
The United States and Canada also have different laws about the death sentence. The Canadian Criminal Code and the National Defense Act both got rid of the death sentence in 1976 and 1999, respectively. In Canada, the last hanging was in 1962. In a very important move, Michigan has banned the death sentence in its constitution. Some states still have the death sentence in their criminal codes, but they don't use it. Fourteen states still do use the death penalty. When the Charter of Rights and Freedoms was added to Canada's constitution in 1982, it protected against any future attempts to bring back the death sentence, though it wasn't said outright. Michigan did the same thing. The Charter protects everyone's right to life, liberty, and the safety of the person. It also protects people from cruel and unusual treatment.
One more interesting difference between the American and Canadian criminal justice processes is whether or not someone who is testifying has to answer a question
According to the fifth amendment of the American Constitution, a person can refuse to testify in order to escape being indicted. This kind of refusal is often called "pleading the fifth." It is not possible to "plead the fifth" in Canada. A witness must go to court and give evidence if they are summoned. A witness has to answer all of the questions that are asked of them during their statement and can't refuse to do so.
If you have a hearing coming up, you should talk to a lawyer right away to fully understand what this choice will mean for you. There are a lot of people who like and enjoy watching legal shows on TV. A lot of these stories are from the United States, and they can give people the wrong idea about how the criminal justice system works in Canada.
The answers can be used against the accused since they are not being forced to speak
Additionally, the accused may only be asked questions that are directly linked to the charges against them. However, once they take the stand, the accused must generally answer all questions. When someone is being tried for a crime, one of the most important choices they will have to make is whether to speak or not. It's not something to joke about.
In court dramas, the story moves through a very short amount of time. The time between the offense and the happy ending must fit into an hour-long TV slot. It takes a lot longer for criminal justice to work, and it could be months or even years before the case is over. This longer deadline isn't always a bad thing. The police have to finish their investigation and give all the information they have to the Crown Prosecutor. The Crown Prosecutor looks over the evidence and decides whether to press charges. Then, the prosecutors have to give all the proof to the accused.
Legal shows have also spread the idea that a person who is suspected of a crime has the right to have a lawyer with them when they talk to the police. A TV suspect is often sitting next to a lawyer when the brave cops are trying to get the suspect to confess. In Canada, a person who is being accused can only talk to a lawyer (over the phone), but not have a lawyer present during any further questions by the police. The goal of this consultation is to give the accused a fair evaluation of their legal position, an explanation of any risks they may be facing, and brief legal advice on how to move forward. After this, the person being questioned by the cops will have to do it alone.
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