327-M6 - Lawyers and Judges as Key Players Flashcards
Barrister
prepares and conducts litigation in court
Solicitors
provide oral or written legal advie
“Call to the bar”
the point at which a lawyer is admitted to the practice of law in a particular jurisdiction
What are the responsibilities of the Crown Counsel?
they are involved in 6 processes/tasks
- Charge screening
- Disclosure
- Plea Negotiations
- Trials
- Bail Hearing
- Appeals
Define prosecution’s analysis
Definition: the reasons (or process of gathering reasons) for proceeding/not proceeding with a given case.
What are the two considerations within a prosecution’s analysis?
- evidential test
- public interest test
evidential testing
done by the prosecution
establishing if there is enough admissible evidence that can realistically result in a conviction
define public interest test, and provide the 4 considerations of public interest
definition: addresses whether prosecution is within the public’s interest, done by the prosecution
- seriousness
- will of the victim
- mitigating factors
- public interest
Characteristics of the Crown counsel:
Who do they represent?
public, NOT the victim
Characteristics of the Crown counsel:
What is their main purpose?
TRUTH. They present evidence and enforce the law according to the facts of a case.
What is the “burden of proof”?
Who has this burden?
Crown counsel, the duty to prove a given standpoint
Characteristics of the Defense counsel:
Who do they represent?
defendant, AKA client
Characteristics of the Defense counsel:
What is their purpose?
Ensure that the rights of the defendant is protected, NOT necessarily preventing them from being sentenced.
What are the two aspects of a case that Defence cousel?
Process and Substance of the case
Process of the case
definition and who establishes this in court
defense lawyer oversees whether this was in violation in court
has the defendant’s charter rights been protected throught arrest, detention, prosecution, conviction
Substance of a case
defence lawyer’s responsibility to oversee if this was violated and to relay that to the court
The facts and applied law of the case, and whether this was done so appropriately.
What responsibilities does the Defence counsel SHARE with Crown counsel?
- bail hearing
- plea negotiations
- trials
- appeals
What responsibilities does the crown have, while defence doesn’t?
disclosure and charge screening
What responsibilities does the defence have, while crown does not?
- overseeing violations of process and substance of cases
- help the defendant understand the process and access resources
- obligation never to mislead the court.
Defence counsel is not allowed to mislead the court. What are some examples of misleading?
- allowing witnesses they know would lie
- suggesting/establish something they know isn’t true
They CAN allow a client they know is guilty of a crime to plead not guilty based on defences.
What is the prime duty of a judge?
- uphold the rights of the accused
- ensure the “rules of court” are adhered to
What are the 5 responsibilities of a judge?
J.U.D.G.E
- J - “judge” guilt/innocence and charge juries
- U - use statutory and case law and determine the facts unknown of a case
- D - dispute arbitrating between prosecution and defence
- G - give out sentences and give reasons for sentence
- E - evidence and their admissibility
What is one way the Constitution emphasizes the need for impartial judges?
judicial independence from gov’t and political parties
* appointed for life
*but this is also has issues in underrepresentation
What parties are federally appointed judges accountable to?
Canadian judicial council
What parties are provincially appointed judges accountable to?
local (judicial) councils
What are some examples of sanctions for judicial wrongdoing?
- Formal, written reprimands
- counselling
- education
- apologyu
- leave of absence
- removal from the bench
What are some examples of issues with Canadian judicial accountability?
- judges have security of tenure, it is hard to get rid of them
- judicial councils are comprised of judges and legal professionals who may be impartial (old boy’s club)
- intimidating position of power
- most judicial complaints are private.
