Midterm 3 Lectures Flashcards
What does the quote “he who is his own lawyer has a fool for a client” mean?
-people who do not have a lawyer in court and represent themselves struggle
What did McFarlane (2012) say about what percentage of people self-represent in courts? (2)
-80% of family court cases
-60% of civil court cases
Are statistics for criminal courts available?
-no
Why do people choose self-representation? (3)
-costs with hiring lawyer
-insufficient legal aid
-belief free info online
What do many Canadians experience much stress over?
-when they have to self-represent in the legal system
What would a conflict perspective say about the court system? (2)
-impoverished Canadians more likely to be convicted in court
-because less likely to put forward successful defences when accused of crime
When is legal aid available? (2)
-likelihood of imprisonment
-loss of livelihood
Why can legal aid be difficult to attain?
-you have to be eligible for it and the threshold for income is very low
What happens if getting legal aid fails? (3)
-consigned to assistance from duty counsel
-student legal clinics
-community legal clinics
What is the burden of the court hypothesis?
-Canadians who self-represent place a burden on the court system
What burden do people place on the courts in the “burden of the court” hypothesis? (2)
- Prosecution and judge forced to assist defendant
- Self-represented defendants slow courts down
What did Hann, Nuffield, Meredith and Svoboda do?
-contested the “burden of the court” hypothesis
What did Hann, Nuffield, Meredith and Svoboda find in their research? (2)
-did not find burden placed on court
-additional burden on accused
What did Hann, Nuffield, Meredith and Svoboda say the burden on the accused consisted of? (3)
-more likely to plead guilty earlier
-fewer court appearances
-shorter times per appearance
So is the burden of the courts hypothesis true?
-no, it is not
How many different court systems are there in Canada?
-14
How many provincial/territorial court systems are there?
-13
How many federal court systems are there?
-1
What type of court does Nunavut have?
-unified superior court
What cases are the provincial/territorial courts responsible for?
-responsible for cases within their boundaries
What cases are the supreme courts responsible for?
-they have jurisdiction over the entire country
Who has appeal courts?
-provincial and territories
Does the justice Minister have power?
-yes, more power than the supreme court
What do problem solving courts focus on? (3)
-underlying problems
-interagency
-accountability
What are specialized courts?
-problem solving courts
What are issues within problem-solving courts? (3)
-non-compliance
-conditions imposed by the court
-non-completion of programs
What is therapeutic quiet time?
-can be sentenced by a judge and is isolation within cell for 23 hours a day
Do men or women get more severe sentences? (2)
-men get more severe
-but women get more rules applied with harsher consequences
How many cases does the Supreme Court of Canada handle per year?
-65-80 cases
What percentage of cases seen by the Supreme Court in a year are hand picked by them?
-50%
How do Supreme Court judges create criminal justice policy? (2)
-judicial review where they conclude if a law is constitutional
-authority to interpret the law
What are the lower courts?
-provincial and territorial courts which hear summary convictions
What are higher courts?
-superior or higher
-hear indictable offences
What are the 6 steps that occur when a crime has been committed?
- Investigation
- Laying charge
- Deciding whether to prosecute
- Requiring accused to attend court, enter a plea and bail
- Type of offences
- Choice of trial court and election by the accused (depending on charges)
What are the 6 steps when you go to court accused with a crime?
- Preliminary inquiry or hearing
- Plea negotiation
- Trial
- Verdict
- Sentencing
- Appeal
What is notable about the preliminary inquiry or hearing? (3)
-no longer exists in Canada because of Trudeau
-purpose was to figure out whether someone should go to trial or not
-waste of time and money
Before a criminal trial, what proof is required for it to continue?
-probable cause by judge
What is required for a conviction in court?
-proof beyond a reasonable doubt
Who are the key actors in the court system? (6)
-Crown prosecutors
-defence lawyers
-judges
-juries
-victims
-witnesses
In most criminal cases, what does the accuses plead?
-guilty
What did Ericson and Baranek find? Ranked from most to least? (6)
-70% of accused individuals plead guilty to at least 1 charge
-not guilty
-charges dropped
-found guilty on at least 1 charge
-acquitted
-did not appear
What do most people believe is the role of the defence lawyer?
-to barter the best deal possible for their clients
What is the defence lawyers true role?
-to ensure clients rights are protected
What 4 things do the defence lawyers do?
-examine evidence to assess the strength of Crown’s case
-explain to their clients what is happening at each stage
-sometimes hire experts to investigate case
-second opinions in regards to evidence
What is the Crown prosecutors main duty?
-enforce the law and maintain justice
What must Crown prosecutors follow? (2)
-Stinchcombe (1991)
-both crown and defence have to exchange info in a transparent way
Why do crown prosecutors face role conflict?
-there are pressures to successfully convict
What do crown prosecutors want to maintain? (2)
-administrative credibility
-low acquittal rate
What are Crown prosecutors case load like?
-they experience case overload
What did Gomme and Hall say?
-crown prosecutors prosecuted 6-10 trials per day
What can happen to crown prosecutors if their decisions are deemed malicious or they have abused their authority?
-they can be held civilly liable
What are judges expected to do? (4)
-uphold the rights of the accused
-arbitrate any disputes between prosecutor and defence lawyer
-sometimes trier of fact
-decide the type and length of punishment
What is the start of the adjudication stage?
-criminal trial
What is relatively rare in Canada? (2)
-jury trials
-they’re costly
What did Thomas say?
-only 2% of cases heard at superior court level
What happens during the preliminary hearing of cases involving indictable offences?
-accused enters a general plea
About 90% of accused enter what plea?
-plea of guilty before trial or in a lower court
For indictable offences, what are the accused more likely to plead?
-not guilty and a trial date is set
What is the point of a preliminary hearing? (2)
-ascertain if there is enough evidence for case to proceed
-protect accused from an unnecessary trial
What has Canada done with the preliminary hearing?
-reduced them because they are unecessary
Does the Crown need to present all of their evidence during the preliminary stage?
-no
What happens after the hearing?
-trial is scheduled or charges are dropped and accused is freed
Can people forego preliminary hearings?
-yes
-many accused do
Do crown prosecutors have discretion in whether they wish to proceed with a case?
-yes, significant discretion
What do prosecutors consider when they think about going ahead with a case? (6)
-their belief in the guilt of accused
-seriousness of crime
-record of accused
-witnesses
-credibility of victims and witnesses
-whether accused is involved in a more serious trial
What is a plea bargain?
-any agreement between accused to plead guilty in return for some benefit
What do plea bargains improve? (3)
-improve administrative efficiency of courts
-lower costs of prosecution
-allow prosecution to spend more time on important cases
What are the several types of plea bargain? (5)
-charge
-sentence
-procedural
-fact
-label
What are the advantages of plea bargains? (4)
-efficiency gains
-cost reductions
-workload reductions
-reduction in trauma felt by victims
What are the disadvantages of plea bargains? (5)
-unfair and hidden process
-too much leniency
-reduces CJS credibility
-avoids due process standards
-innocent people may feel pressure to bargain
What were the types of charges in the pie chart? (4)
-30% other charges
-24% person charges (violent crime)
-23% administration of justice
-23% property charges
What did Lorena Bobbitt do? (3)
-cut half of her husband’s penis off
-claimed he was abusive
-she was acquitted
What percentage of cases resolved in a plea bargain, never make it to trial?
-90-95%
How long do prosecutors get to prepare each case?
-7 to about 11 minutes for each case
When was the Charter of Rights and Freedom enacted?
-April 17th, 1982
What fundamental principles of the CJS did the charter enforce? (3)
-fair trial
-protection of due process rights
-freedom from cruel and unusual punishment
What is section 7 of the charter?
-individual rights are protected
What is section 8 of the charter?
-individuals have right to reasonable expectation of privacy