CRI210H1 Chapter 9: Criminal Justice in Canada - Goff
2 Mar 2017
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Goff major issues in the canadian court system : chapter nine. Due to increasing costs of litigation, more and more canadians represent themselves instead of hiring lawyers to look after their cases. In canada the right to legal representation is based on the need for fairness. Burden of the court hypothesis (two parts): rising number of legally unrepresented accused is placing considerable pressure on other court actors such as prosecutors and judges, who must then assist the accused. Burden on the accused: the accused often self-represent for bad reasons, e. g. they might believe that they cannot wait for a lawyer to argue the case. But this can lead to worse consequences when a sentence is determined. Most popular model: adversarial, where the state is in a contest against the accused, with many legal protections in place for defendants. This approach is found in the due process and crime control models.
