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Reforming the Criminal Code - Essay Example

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The author of the paper titled "Reforming the Criminal Code" examines the criminal justice debate through the prism of two separate controversial positions that encapsulate the discussion: the idea of the Nanny State and the idea of the Death Penalty…
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Reforming the Criminal Code
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Download file to see previous pages The Supreme Court has never really examined section 7 of the Charter in relation to capital punishment, but I suspect that if the right kind of argument is made to them they will agree that a violation for executing a depraved murderer is not saved under section 1 of the Charter. A free and democratic society should be able to execute its most heinous criminals.

Crime has been an unfortunate aspect of human existence from time immemorial. Every civilization and country has had to come to grips with and takes steps to deal with it within their own value frameworks. Many of the different approaches to dealing with time come from various assumptions and values. For countries or systems that believe a criminal is a product of his or her environment, it is more likely that money will be spent on rehabilitation and treatment, with much less of an emphasis on jail time. For those who believe people are responsible for their own actions and intend to commit crimes (indeed intention or men's rea is required in all common law systems in order to convict someone of a crime), the emphasis is likely to be on punishment or locking up the criminal. Clearly these concepts require a great deal of unpacking—which will be done in the course of this essay. The play's an important role in understanding why some people favor the death penalty and why some oppose it, as well as some of the animating principles behind the Charter.

To begin with, in the criminal justice system there are two opposing modes of looking at how to deal with criminals. The first is the due process model. The gist of this model is that an individual can never be deprived of basic human rights no matter how horrible a crime he or she has committed. Even to put someone in prison is to take away the criminal’s inalienable right to liberty and there must be many appeals and a thoroughly scrutinized process to ensure that everything is done by the book. ...Download file to see next pagesRead More
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