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All Lecture Notes for Criminal Part
LAWS3200 - Civil and Criminal Procedure
22 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LAWS398 - Civil and Criminal Procedure
presumption of innocence • State v Accused (Police and Department of Public Prosecutions against one or more individuals) • State more powerful (Procedures operate to overcome the inequality of the accused’s position) • Standard: beyond a reasonable doubt (higher) prosecution to prove that accused committed the crime, helps protect individuals against state corruption • Outcome is usually punitive but can involve restitution/restoration (or nothing if the prosecution does not meet its burden) • Police, Courts, Corrections have major role in enforcement (the 3 C’s: Cops, Courts, Corrections) • Higher profile in media (Murder, terrorism, etc and the court proceedings which follow are routinely reported in conventional media). • Small body of underlying substantive law applies (Criminal law)
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