The Courts I

Question 1

Mcfarlane (2012) found that self-representation occurred in,

Answer 1

80% of family court cases
60% of all civil court cases

Question 2

Why do people choose self-representation in court?

Answer 2

• Cost of hiring a lawyer
• Insufficient legal aid
• Belief that free information is available online

Question 3

What does the Conflict Perspective on the criminal justice system claim?

Answer 3

Maintain that poorer Canadians are more likely to be convicted in the court system.

Question 4

When is Legal Aid offered?

Answer 4

Frequently available only in cases where there is a likelihood of imprisonment or the loss of livelihood.

Question 5

What happens when applications for legal aid fails?

Answer 5

People are cosigned from duty counsel, student legal clinics, or community legal clinics.

Question 6

Burden of the Court

Answer 6

A hypothesis that Canadians who self-represent place a burden on the court system.

Question 7

Why does self-representation burden the court?

Answer 7

• The prosecution and the judge are forced to assist the defendant
• Self-represented defendants slow down the court process

Question 8

What were Hann, Nuffield, and Svoboda’s (2003) research about?

Answer 8

Contested the claim that self-representation placed a burden on the court system.

• Their research did not find a burden placed on the court
• There is actually an additional burden on the accused
• The accused are more likely to plead guilty earlier, have fewer court appearances and shorter times per appearances

Question 9

How many court systems are there in Canada?

Answer 9

14 different court systems.

• 13 provincial and territorial
• 1 federal

Question 10

What type of court does Nunavut have?

Answer 10

Unified superior court.

Allows a single court to deal with all aspects of family law, using specialized superior court judges and services.

Question 11

Provincial and Territorial courts

Answer 11

• Responsible for cases within thein boundaries
• Also have appeal courts

Question 12

Where does the Supreme Court have jurisdiction?

Answer 12

Has jurisdiction over the entire country

Question 13

What do specialized courts focus on?

Answer 13

They are problem-solving courts and deal with problems with non-compliance, conditions imposed by the courts, and non-completion of programs.

• Underlying problems
• Interagency
• Accountability

Question 14

How many cases do the Supreme Court of Canada handle?

Answer 14

65-80 cases per year. 50% are handpicked by the Court.

Question 15

How do Supreme Court judges create criminal justice policy?

Answer 15

They create policies by judicial review, where they conclude whether a law is constitutional or not. They use their authority to interpret the law.

Question 16

What does the Lower Courts consists of?

Answer 16

Provincial courts which is responsible for summary convictions.

Question 17

What does the Higher Courts consists of?

Answer 17

Superior/Higher courts which is responsible for indictable offences.

Question 18

12 steps in Investigation and Trial

Answer 18

1. Investigation
2. Laying a charge
3. Deciding whether to prosecute
4. Requiring the accused to attend court, enter a plea, and bail
5. Type of offences
6. Choice of trial court and election by the accused
7. Preliminary inquiry or hearing
8. Plea negotiation
9. Trial
10. Verdict
11. Sentencing
12. Appeal