Adversarial System

Question 1

What is the role of the judge?

Answer 1

A judge is considered a civil servant.

• They protect procedural law (steps), to ensure the court is fair
• They make the call on what evidence they allow
• They provide the jury with information,
• They sentence people,
• They give verdicts

Question 2

What is the role of a defence attorney?

Answer 2

They protect the rights and freedom of the defendant. 3 options here

1. You can represent yourself. BAD idea. You need to self-educate on the law, and basically be a lawyer in your spare time. Aside from traffic offences, don’t do this!
2. Indigent defence: You are unable to defend yourself and you need assistance and you can’t afford an attorney. Here are your options:
   a) Duty Counsel: Representation for the day. They explain your situation, and give you your options. They may not even be an attorney!
   b) Legal Aid: There is a 2 month wait list, and you have to be below a certain income bracket. These people are so busy, you probably won’t even get time with them. Just an email
   c) Pro bono: Rare! Free assistance from an attorney
3. Paid defence attorney: Guaranteed better outcome, especially for indictable cases. You get TIME with them, and paralegals do all the work for them

Question 3

What is the role of the prosecutor?

Answer 3

Also known as the crown. They are hired based on patronage. Not sure how they get their jobs. They get too much power, and lots of discretion (aka prosecutorial circumvention). Their job is to search for the truth, wherever it may be…. and there is NO accountability. This is the difference between crime control and due process as well.. USA prosecutors are hired, while district attorneys are elected

Question 4

What are the powers of the crown prosecutor?

Answer 4

Crown Prosecutor Powers:

1. They can dismiss charges- 45% of charges get dismissed!
2. They can change the types of charges and make plea deals, and you can overrule everyone. Weird thing in Canada - you serve all your charges at the same time
3. They can offer diversion programs… which you’ll probably take since you don’t want to go to prison
4. They have the say on mandatory minimum penalties: We have about 90 in Canada, and they can be based on whether a crime is summary or indictable
   * Crack-Cocaine Disparity: Crack is cheap, cocaine is expensive. 5 grams of crack gets you 5 years in prison, 500g of cocaine gets you 5 years in prison. Only the poor people get busted