CRJS 1003 Chapter Notes - Chapter 9: Trial, Publication Ban, Mental Disorder
16 Dec 2016
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Chapter 9 the courts and criminal trial procedure. Self-representation: significant percentages of the criminally accused were convicted without ever being represented by legal counsel. Burden of the court hypothesis: 1) rising number of legally unrepresented accused is placing pressure on other court actors (prosecutors and judges) who then have to assist the accused. Adversarial = state in a contest against the accused + number of legal protections in place for defendants. Found in the due process and crime control models. Rights guaranteed to individual by charter such as the right to a jury trial, (cid:498)equalizers(cid:499) = ensure the various parties in court trial enjoy equality. Best way to attain fairness = adjudication = decision making in an open court: focus on the adversarial nature of our court system. 1) neural and impartial judge makes the decisions. 2) prosecution and defense have an equal chance to present relevant evidence safeguards) must be followed during trial.
