NCJ Number
107456
Journal
Court Review Volume: 24 Issue: 7 Dated: (Spring 1987) Pages: 6-11
Date Published
1987
Length
6 pages
Annotation
While there are some differences in the criminal law process in Canada and the United States, they are far outweighed by the similarities of the two systems.
Abstract
Since both stem from English common law, the two share a similar structure and doctrines. Both systems arise from a constitutional framework; in both, legislative authority over the criminal law lies with the Federal Government. In the United States, a variety of courts with differing functions exist at both Federal and State levels. In Canada, a similar system of Federal and Provincial courts prevails. The U.S. prosecutorial systems include Federal prosecutors and local prosecutors. In Canada, Crown and Assistant Crown Attorneys fulfill prosecutorial functions. Similarities also outweigh differences in the countries' procedures for precharge investigation, arrest and charge, pretrial procedures, burden of proof, and right to jury trial. In both systems, judges have considerable discretion in sentencing. 6 notes and 8 references.