Characters of the Court Room Flashcards
what does the judge do?
CONTROLS the courtroom, OUTRANKS everyone (including officer of the court to an extent)
what are the judges powers?
FULL CONTROL of courtroom: give RULINGS on arguments and objections, DECIDES GUILT (in non-jury trials), EXCLUDES PUBLIC and ACCUSED if necessary to maintain justice
how are judges appointed?
10 YEARS EXPERIENCE, most appointed by FEDERAL GOVERNMENT, but provincial judges appointed by the province
what does the arbitrator do?
LISTENS to BOTH SIDES of a ‘story’ and REACH a DECISION, OUTSIDE a COURTROOM (ex. Judge Judy). note: arbitration is legally binding, would have signed forms
what is a JP?
JUSTiCE of the PEACE. “wannabe judges”. DON’T actually render VERDICTS (like what a paralegal is to a lawyer)
what are JP’s powers?
can issue SEARCH and ARREST WARRANTS, SUMMONS
what are JP’s weaknesses?
LESS POWER than a judge, MORE PAPERWORK
what is the crown prosecutors powers?
DECIDES whether to LAY or WITHDRAW criminal CHARGES. responsible for seeing that JUSTICE is DONE
what is the crown prosecutors weaknesses?
BURDEN OF PROOF (onus)-must prove BEYOND a REASONABLE DOUBT must also present all available evidence in court for the sake of disclosure
what is the defence attorneys powers?
REPRESENTS the ACCUSED to ensure their right to a fair trial
what is the defence attorneys weaknesses?
SERVES their CLIENT, not justice (and hopefully justice will be achieved)
what is attorney-client privilege?
client can say WHATEVER THEY WANT to their attorney and they CANNOT TELL.
what is the exception to attorney-client privilege?
if the client SUGGESTS they will COMMIT ANOTHER CRIME or HARM OTHERS
what is the court clerks powers?
READ OUT CHARGES against the accused, SWEAR IN witness. APPROACHABLE (for information), REMOVES JUDGE from everything, so they can focus on the law
what is the court clerks weaknesses?
subject to the JUDGE’s INSTRUCTIONS, tag evidence, handle paperwork
