U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Criminal Law Process in Canada and the United States: Contrasts and Comparisons

NCJ Number
107456
Journal
Court Review Volume: 24 Issue: 7 Dated: (Spring 1987) Pages: 6-11
Author(s)
J C Pearson
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.