Canadian Criminal Justice System - Essay Example

This paper will analyze the judicial system of Canada and the application of criminal responsibilities for rape crimes, in this country. Canadian Criminal Justice System The legal system of Canadian is based on English Common Law (old), which were brought by explorers and colonists. The law of the immigrants prevailed over the rules of the Canadian settlers, and the law of the immigrants guided the conduct of people in Canada for a long time. The judicial system is crucial in a country; it facilitates the application of justice in the society, and it helps punish the law breakers.

Most aspects of the Canadian criminal justice system are unique and different from other systems in the world. However, the Canadian system of criminal justice inclines towards utilizing the due process model. The suspects’ rights are respected and protected until their guilt is proven, without doubt. This is one of the most significant tenets; therefore, a person charged with offense (criminal) is only proved guilty by a jury. Otherwise, a suspect of a criminal offense is treated and believed to be guilty during the process of trial, in a law court.

In the event that the police are convinced that their grounds are adequate to proceed with a criminal charge against an accused person, then the accused is apprehended to answer the charges before the court (Howe & Russell, 2001). Further, the accused person is entitled to an affordable bail. In the event that the issue reaches the stage of trial, the crown attorney who is prosecuting the accused person assumes the responsibility of proving that indeed the suspect committed the offense. For instance, if it is a murder charge, the crown attorney will call the people who witnessed the accused committing the crime, and in other forms of crimes like rape or robbery, the attorney will call the victims to testify against the suspect (Howe & Russell, 2001).

Depending with the strength of evidence presented by the prosecutor, the suspect may call on his own witnesses who would bring reasonable doubt to the case. In such an event, the jury is left with the mandate to pass judgment, with regard to the available evidence and witnesses. At this stage, the case goes to sentencing stage where the judge passes the sentence, either acquitting the accused if there is no substantive evidence, or a jail term in proportion with the nature of the criminal offence (Ehrlich, 2001).

This model utilizes the adversarial system where the judge acts as an independent arbiter, and he is the one who adjudicates between the prosecutor and his witnesses and the accused and his witnesses. Apparently, the paper has disrobed the judicial system that exists in Canada, and it will shift the focus on investigating the applicability and assignment of criminal responsibility to sexual offenders. Rape is described as the act of forcibly having sexual contact with a female partner, without her consent.

Sexual offences are further incorporated with having sexual contact with persons who are minors. Sexual contact with minors is another serious criminal offence, which can attract heavy fines and long jail sentences. The pursuits of these cases are based on the two popular models of justice, which are employed by the Canadian law enforcement agencies, as well as the judicial system (Ehrlich, 2001). The initial model that is employed in assigning criminal responsi