The Courts Flashcards
(41 cards)
What did MacFarlane find about self representation?
Occured in 80% of all family cases, and 60% of all civil court cases.
Why do people choose self representation?
Because of costs associated with hiring lawyers, insufficient legal aid, and the belief that free info is available online.
When is legal aid available and what happens if it fails?
Available only in cases where there is a liklihood of imprisonment or the loss of livelihood. When applications fail, people are consigned to assistance from duty counsel, student legal aid clinics, or community legal clinics.
What is the “burden on the court” hypothesis?
Suggests that Canadians who self represent place a burden on the court system because: the prosecution and judges are forced to assist the defendant, they slow down the court process.
What is the burden on the accused hypothesis?
Put forward by Nuffield, Meredith, and Svoboda. Claimed that the burden was not on the court, but was in fact on the accused. Accused is more likely to plead guilty earlier, have fewer, shorter court appearances during self representation.
How many different court systems are there in Canada?
14 (13 provincial/territorial, 1 federal).
What are specialized courts?
Problem-solving courts: focus on underlying problems, interagency, accountability. Problems with non-compliance, conditions imposed by the courts, non-completion of programs.
How does the SCC handle cases?
About 65-80 cases per year. Half are hand picked. Creates a criminal justice policy by: Judicial review (concluding whether a law is constitutional or not), their authority to intepret the law.
What are the steps in an investigation and trial?
Investigation, laying a charge, deciding whether to prosecute, requiring the accused to attend court, enter a plea, and bail, type of offences, choice of trial and election by the accused (depending on charges)
Some more steps in investigation and trial?
Preliminary inquiry or hearing, plea negotiation, trial, verdict, sentencing, appeal.
What did Ericson and Baranek find about guilty pleas?
91/131 plead guilty. 21 plead not, 15 were found guilty with at least 1 charge, 6 were aqcuitted, 17 had their charges dropped or dismissed, 2 did not appear in court.
What is the role of the defence lawyer?
Ensure that their clients rights are protected-examine evidence to assess the strength of the crowns case, explain to their clients what is happening at each stage, hire experts to investigate, obtain second opinions with regards to evidence.
What is the duty of the Crown Prosecutor?
Main duty is to enforce the law and maintain justice. Must follow Stinchcombe (1991), face role conflict because there is pressure to successfully convict. Want to maintain administrative credibility and keep the acquittal rate low.
How do Crown Prosecutors face case overload?
They prosecute around 6-10 trials per day. They can be held civilly liable if their decisions are deemed malicious or they have abused authority.
What is the duty of judges?
Expected to uphold the rights of the accused and arbitrate any disputes between a prosecutor and defense lawyer. Also triers of fact and decide the length and severity of punishment.
Are jury trials popular in Canada?
No they’re relatively rare.
How do pleas work?
During the preliminary hearing of indictable offences, the accused enters a general plea. About 90% of the accused enter a guilty plea before trial or when they appear in a lower court for the first time.
Is the accused more likely to plead guilty or not guilty during indictable offences?
Not guilty-trial date is then set.
What is a preliminary hearing?
To ascertain whether there exists enough evidence for a case to proceed, to protect the accused from an unnecessary trial. Crown does not need to present all of their evidence at this stage, many accused forego the preliminary hearing.
How do prosecutors decide whether they will go forward with a case or not?
Their belief in the guilt of the accused, the seriousness of a crime, the record of the accused, witnesses, credibility of the victims and witnesses, whether the accused is involved in a more serious trial.
What is plea bargaining?
Any agreement between the accused to plead guilty for some benefit. Improve administrative efficiency for courts, lower costs of prosecution, permit prosecution to spend more time on important cases.
What are some types of plea bargaining?
Charge bargaining, sentence bargaining, procedural bargaining, fact bargaining, label bargaining.
What are some advantages and disadvantages of plea bargaining?
Advantages-Efficiency gains, cost reduction, workload reductions, reduction in victim trauma
Disadvantages-Unfair and hidden process,too much leniency, reduces CJS credibility, avoids due process standards, innocent people may feel pressure to bargain.
What are some important sections of the Canadian charter?
Section 7- Individual rights are protected
Section 8-Individuals have a right to a reasonable expectation of privacy
Section 9- People cannot be arbitrarily detained
Section 10- Rights of the accused when detained (habeus corpus-unlawful detention assessment).
Section 11- Indicates the rights people have when charged with an offence (r.v. Askov)
Section 12- Stipulates fair punishment
Section 13- Freedom from self-incrimination
Section 14- Right to an intepreter
Section 15- Equality rights
Section 24- Remedies for violations of the above rights.
