Key players: lawyers and judges Flashcards
Justice and Solicitor general and the CJC are both responsible for investigating complaints and focus on the decisions of the judges
False: they focus on the conduct not the decisions
large number of cases are resolved thorugh bail negotiations
False: thorugh plea negotiations
what are the judges primary duties?
- uphold the rights of the accused
- ensure the “rules of court” are adhered to
list the crown prosecutors responsibilities?
- charge screening
- disclosure
- bail hearings
- plea negotiations
- trials
- proposing sentences
- initiating appeals
the prime duty of the defence council is to…
legal rights of client are protected
“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”
Net widening
crown prosecutors are concerned with the process (how client gets thorugh system) and the substance of the case (facts of the case)
False: defence lawyers are
list the issues with judicial accountability
- 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
what is the primary goal of crown prosecutors?
main goal is to enforce the law and maintain justice by presenting all relevant evidence in the case
crown prosecutors are the victims lawyer
False -> they are lawyers of the community
Juries can impose sentences
False: they can only determine facts and outcome of the case
define “charge screening”
determining if the charges laid are appropriate
___ have an obligation to never mislead the court
A) Crown prosecutors
B) Defence council
B - defence council
define “charging the jury”. who can order this?
giving jury instructions on how they should do their judgment -> tell them what facts Must be considered and what laws are applicable
Judges
list the sanctions for judicial wrongdoing
- reprimand
- councilling
- education
- appology
- leave of absence
- removal from the bench (rare)
list the things that judges are responsible for
- 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
how are crown prosecutors crucial for bail hearings
they are important cuz those who are denied bail will likely plead guilty. Bail is crucial for someones sentencing
the onus is on the ____ to show that bail should be denyed
Crown
what are the 2 parts of the prosecution’s analysis? describe them
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?
what is the CJC? what are they responsible for?
Canadian Judicial Council
- federally appointed judges are accountible here
removing a judge from the bench requires an act of parliament (so long as the judge does not voluntarily resign)
True
___ function as social workers. Why?
Defence lawyers/council
- educate clients and help them access resources they need in order to reach the chance of getting a fairer outcome
