Substantive Law vs. Procedural Law Flashcards
What is substantive law?
Substantive law is something you can prove.
e.g. Diminished capacity… to do anything. Like a mental illness, where you would need to provide a diagnosis or proof of symptoms. Your age shows limited capacity as well. 12-17: Limited capacity, less than 12: no capacity
What are some powers with charges that prosecutors have in procedural law?
Prosecutors can:
Stay Charges: Put off prosecution if they don’t have time to take the case. The person does not know when they’ll be called into court again
Pending Charges: They serve all of their charges at the same time!
What are the steps within a court when you are charged for an indictable offence?
- Nature of the crime: some land you at a remand centre, some with a promise to appear
- Initial appearance in front of a judge: If you’re given a PTA, you have a chance to get yourself together before you appear in front of the judge, and that MATTERS
- Preliminary hearing: Often, the judge will ask if you would like to waive your preliminary hearing. A lot of duty counsels and legal aids will say yes, just because they don’t have the time to deal with it. NEVER WAIVE YOUR PRELIMINARY HEARING. This is where you can cross-examine all of the information in your case, hopefully several times! This is where you can bring in witnesses (disposition), have the police come in and make sure everything matches up with your side
You may be released “on your own recognizance”, which means you can go so long as you provide proof that you will come back. e.g. give up passport or pay bail, peace bond (restraining order) Bail reform act 1971: Too many people incarcerated for being poor, so attorneys can petition for release without bail. You could also be held in detention as a danger to yourself or others - Trial: Both sides come up and say what happened and what they want. Your tone, your opening statement, totally matters. Have lots of transparency, because you don’t screw over the people you work with!
Prosecutorial evidence, defence evidence, closing statements
What kind of stuff do attorneys do?
They prep you for your case. You get time with them, you tell them what you want, and they work with the prosecutor to figure out which charges will be dropped and what you will plead guilty for, and what kind of sentence you might get
What is dangerous offender legislation? What is gating?
When you are convicted of a dangerous crime, you may be sent to jail with no promise of getting out
Gating: When prosecutors dump the trial and start all over because they think they’re losing
