Key players: lawyers and judges

Question 1

Justice and Solicitor general and the CJC are both responsible for investigating complaints and focus on the decisions of the judges

Answer 1

False: they focus on the conduct not the decisions

Question 2

large number of cases are resolved thorugh bail negotiations

Answer 2

False: thorugh plea negotiations

Question 3

what are the judges primary duties?

Answer 3

• uphold the rights of the accused
• ensure the “rules of court” are adhered to

Question 4

list the crown prosecutors responsibilities?

Answer 4

• charge screening
• disclosure
• bail hearings
• plea negotiations
• trials
• proposing sentences
• initiating appeals

Question 5

the prime duty of the defence council is to…

Answer 5

legal rights of client are protected

Question 6

“unanticipated problematic consequence of diversion programs. diversion programs are more likely to bring people into the system in a less formal way than has been done in the past”

Answer 6

Net widening

Question 7

crown prosecutors are concerned with the process (how client gets thorugh system) and the substance of the case (facts of the case)

Answer 7

False: defence lawyers are

Question 8

list the issues with judicial accountability

Answer 8

• judges are appointed for life
• councils lack impartiality (comprised of judges, lawyers, and experiences professionals)
• intimidation of complaints process prevents complaints from going forward
• most complaints are NOT made public

Question 9

what is the primary goal of crown prosecutors?

Answer 9

main goal is to enforce the law and maintain justice by presenting all relevant evidence in the case

Question 10

crown prosecutors are the victims lawyer

Answer 10

False -> they are lawyers of the community

Question 11

Juries can impose sentences

Answer 11

False: they can only determine facts and outcome of the case

Question 12

define “charge screening”

Answer 12

determining if the charges laid are appropriate

Question 13

___ have an obligation to never mislead the court

A) Crown prosecutors

B) Defence council

Answer 13

B - defence council

Question 14

define “charging the jury”. who can order this?

Answer 14

giving jury instructions on how they should do their judgment -> tell them what facts Must be considered and what laws are applicable

Judges

Question 15

list the sanctions for judicial wrongdoing

Answer 15

• reprimand
• councilling
• education
• appology
• leave of absence
• removal from the bench (rare)

Question 16

list the things that judges are responsible for

Answer 16

• arbitrate disputes
• decide on admissibility of evidence
• determine facts of the case and interpret all statute and case law
• decide on guilt or innocense
• instruct juries on how they are supposed to make a determination of guilt or innocense
• impose sentences

Question 17

how are crown prosecutors crucial for bail hearings

Answer 17

they are important cuz those who are denied bail will likely plead guilty. Bail is crucial for someones sentencing

Question 18

the onus is on the ____ to show that bail should be denyed

Answer 18

Crown

Question 19

what are the 2 parts of the prosecution’s analysis? describe them

Answer 19

Evidential test

• does the crown have enough admissible evidence that would realistically result in a conviction

public interest test

• just cuz the case passes evidential test doesnt mean it should still be pursued. needs to consider the position of the community -> are there alternate mechanisms available?

Question 20

what is the CJC? what are they responsible for?

Answer 20

Canadian Judicial Council

• federally appointed judges are accountible here

Question 21

removing a judge from the bench requires an act of parliament (so long as the judge does not voluntarily resign)

Answer 21

True

Question 22

___ function as social workers. Why?

Answer 22

Defence lawyers/council

• educate clients and help them access resources they need in order to reach the chance of getting a fairer outcome