Lesson: 32

Topic: Historical Methods of Adjudication (Inquisitional)

Objectives:

During this lesson, students will examine historical methods of adjudication, and contrast these with modern procedures and conditions of investigation, arrest, and detention.

The following historical methods of adjudication will be examined:

• Trial by Wager of Law,
• Trial by Battle, and
• Trial by Ordeal

In addition, students will analyze the following aspects of our present-day Canadian criminal process:

• police investigation
• powers of arrest
• arrest warrant
• bench warrant
• arrest without warrant

Method of Instruction and Evaluation:

In groups, students will examine the case of R. v. Simpson, pages 303 - 304. The groups will then answer the following questions:

Once the groups have answered these questions, they will share their conclusions with the class.

Expectations Addressed:

The "Criminal Law and Procedures" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. By the end of this class, the student will be able to address those specific expectations that have been highlighted below.

• Theories of Crime:

  • analyse the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;

  • explain the relationship between criminal law and morality and what is meant by “criminal conduct”;

  • explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;

  • explain the purpose of criminal law;

  • compare summary, hybrid, and indictable offences as they relate to criminal law.

• The Criminal Trial Process:

  • explain the processes of police investigation, arrest, search, and interrogation of suspects;

  • explain pre-trial procedures, including plea bargaining and release procedures;

  • identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);

  • outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);

  • evaluate the different types and purposes of sentences imposed in criminal law.

• Concepts of Justice:

  • explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);

  • analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);

  • analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).

Resources:

Text Reference:
• Chapter #10, pages 281 - 308 (required reading)

Handouts/Exercises:
• none

Relevant web sites:

• Video Commentary Regarding Inquisitional Methods of Adjudication