ADMJ 101 Lecture Notes - Lecture 28: Therapeutic Jurisprudence, Prison Officer, Problem Solving
Document Summary
Charges against defendant, brought by executive branch of government. Is independent from government, representative of people not the state, not victim. Onus on prosecution to prove guilt beyond a reasonable doubt. Prosecution, not judge, determines witnesses to call. Most often represented by a barrister or solicitor. May choose to defend onseself in higher court (less than 5%) Appointed by the government: former barristers or academics. Role of umpire, supervise, determine questions of law, direct jury. Appear impartial, can"t interfere with examination of witnesses. Determine sentencing outcome, following jury"s assessment of guilt or innocence. Consider the case made by the prosecution and defence and directions of law given by judge. Pivotal in liberal notions of justice, due process: give the community a voice, protection against arbitrary government action, overzealous prosecutors or judges. Who are they: excluded groups: prisoners, illiterate, lawyers, police officers, correctional officer, members of government, disabled, 70+ Recall the distinction between the inquisitorial and adversarial models.
