Compartive Legal Systems Canada vs Usa
Canada's Dominance over United States Penal System
Name: Shenthuran Vijayananthan
Teacher: Mrs. Merenda
Due Date: Wed. Oct. 26, 2005
Topic: #1 Comparative Legal Systems (Canada vs. USA)
Thesis: Canada's criminal justice system, specifically laws dealing with punishment, is far superior to that of the United States
Canada and the United States of America are two neighboring countries who besides the border share numerous other key aspects. Though similar in beliefs and culture the two countries are far from alike. Their legal structure particularly the penal system is one of most significant boundaries between Canada and the United States. Though not perfect, it's absolutely clear that Canada has the far more superior legal system. Unlike the United States, Canada no longer practices capital punishment which is barbaric to say the least. Furthermore Canada's belief in conjunctive punishment is better with dealing with offenders than America's consecutive punishment. Finally Canada's goal to concentrate more on rehabilitating and educating criminals is far more effective and efficient in eradicating future crime then just incarcerating them.
There are two main types of law, Substantive and Procedural. Substantive law creates, defines and regulates rights and obligations of citizens; in contrast procedural law prescribes the manner to enforce rights and obligations. (Dickson) Substantive law divides into Public law which in turn breaks up into four other laws including criminal law. Criminal law outlines all the acts that are regarded as offences to society and it consists of the penal system. The penal system is comprised of sets of punishments and sentences pertaining to a specific crime. It includes the maximum number of years a lawbreaker can be sentenced to, depending on the type of crime and its severity. (Cavadino) The penal system serves as a guide for judges when they make their final decisions. Criminal law including the penal system is within federal
Name: Shenthuran Vijayananthan
Teacher: Mrs. Merenda
Due Date: Wed. Oct. 26, 2005
Topic: #1 Comparative Legal Systems (Canada vs. USA)
Thesis: Canada's criminal justice system, specifically laws dealing with punishment, is far superior to that of the United States
Canada and the United States of America are two neighboring countries who besides the border share numerous other key aspects. Though similar in beliefs and culture the two countries are far from alike. Their legal structure particularly the penal system is one of most significant boundaries between Canada and the United States. Though not perfect, it's absolutely clear that Canada has the far more superior legal system. Unlike the United States, Canada no longer practices capital punishment which is barbaric to say the least. Furthermore Canada's belief in conjunctive punishment is better with dealing with offenders than America's consecutive punishment. Finally Canada's goal to concentrate more on rehabilitating and educating criminals is far more effective and efficient in eradicating future crime then just incarcerating them.
There are two main types of law, Substantive and Procedural. Substantive law creates, defines and regulates rights and obligations of citizens; in contrast procedural law prescribes the manner to enforce rights and obligations. (Dickson) Substantive law divides into Public law which in turn breaks up into four other laws including criminal law. Criminal law outlines all the acts that are regarded as offences to society and it consists of the penal system. The penal system is comprised of sets of punishments and sentences pertaining to a specific crime. It includes the maximum number of years a lawbreaker can be sentenced to, depending on the type of crime and its severity. (Cavadino) The penal system serves as a guide for judges when they make their final decisions. Criminal law including the penal system is within federal
References: Dickson, Liepner et al. 1996. Understanding the Law. Toronto: McGraw-Hill Ryerson Limited. Cavadino, Dignan. 2002. The Penal System: An Introduction. New York: SAGE Publications. Chandler. 1976. Capital Punishment in Canada. New York: Mcgill Queens Univ Pr. Bedau, Cassell. 2003. Debating the Death Penalty: Should America Have Capital Punishment? New York: Oxford University Press Campbell Statistics Canada. 2005 Crime statistics Ottawa: http://www.statcan.ca/Daily/English/050721/d050721a.htm U.S CBC Canada. 2001. Capital Punishment in Canada: 25 years after the vote Ramsland. 2002. The Criminal Mind. New York: Writer 's Digest Books. Tan. 2005. Should the criminal justice system focus more on rehabilitation than retribution? Singapore: http://www.debatabase.org/details.asp?topicID=307