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I. The Need for Reform
This is a revised and enlarged edition of report 30 proposing a new Code of Substantive Criminal Law for Canada. The proposed Criminal Code expresses the essential principles of criminal law and rules of general application. It defines most of the crimes of concern to a modern industrialized society. At the same time, it drops archaic provisions but addresses modern day social problems like pollution and terrorism. Title I is the general part containing rules of general application; Title II contains most of the crimes against the person; Title III enumerates most of the crimes against property; Title IV lists crimes against the natural order; Title V deals with crimes against the social order; and Title VI encompasses crimes against the governmental order.
This document presents the Commission's view on the need for reform together with their recommendations and commentary.
To what extent should media coverage of criminal court proceedings be permitted? The central issue is how to strike a balance between the public's right to information and the individual's right to privacy. Freedman reviews the underlying legal principles and constitutional issues and describes important case law. He analyzes situations in which photographing, broadcasting, and televising in the courtroom are currently allowed and examines the relationship between the presence of media equipment during criminal trials and the actions of trial lawyers. The issue of media coverage as it relates to civil trials is also addressed, and British practices regarding press and media coverage of court proceedings are offered for comparison. Legal Information Alert Freedman here presents a comprehensive discussion of an issue of growing importance to both the legal profession and the communications industry: the extent to which media coverage of criminal court proceedings should be permitted. As Freedman points out, the central question is how to strike the appropriate balance between the public's right to information and the individual's right to privacy. In Press and Media Access to the Criminal Courtroom, he reviews the underlying legal principles and constitutional issues, describes the important cases that have shaped current legal thinking, and provides citations of the applicable case law.
The five countries examined are the United States, the United Kingdom, Canada, Australia and New Zealand.
This book provides a socio-legal examination of the media’s influence on the development and implementation of criminal justice policy. This impact is often assumed. And, especially in the wake of high-profile crimes, the press is routinely observed calling for sentences to be harsher, and for governments to be tougher on crime. But how do we know that there is a connection? To answer this question, the book draws on a case study of the media reporting of the rape and murder of Jill Meagher in Melbourne, Australia; as well as other well-known cases, including those of James Bulger, Sarah Payne, Stephen Lawrence and Michael Brown, among others. Deploying a socio-legal framework to examine how the media’s often powerful and emotive narratives play a crucial role in the development and implementation of law, the book provides a deep and critical reflection on its influence. The book concludes with a number of suggestions for media reform: both to moderate the media’s influence, and to incorporate a broader range of viewpoints. This multi-disciplinary book will appeal to scholars and students in sociolegal studies, criminology and criminal law as well as those working in relevant areas in sociology and media studies.
Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?
Analyzing the political consequences of the most extensive corruption investigation in recent Latin American history, Operação Lava-Jato, Media Leaks and Corruption in Brazil answers two central questions about the contradictory effects news media has on political systems. First, how can political actors in a seemingly well-functioning democracy quickly override checks and balances, and replace a head of state with a corrupt vice-president? Second, how can very active news media, while ostensibly performing the role of the watchdog, still fail to deliver media accountability to the public? Combining a quantitative view of the media sphere with case studies of the leaks, legal actions, and alliances forming and breaking in the Brazilian Congress, Mads Bjelke Damgaard demonstrates that the media’s attention to leaks and investigations of corruption paved the way for Dilma Rousseff’s impeachment. By timing the disclosure of information in scandals, actors with inside information were able to drive the media agenda and let some scandals escape from the limelight. The book delivers an in-depth study of how scandals become political weapons in a time of media personalities and post-politics. This book will interest scholars of Latin American Studies, and Brazil, and the broader fields of media studies, democracy studies, and journalism studies.