SOC 3730 Lecture Notes - Lecture 6: Crown Attorney, Fair Trial

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11 Mar 2014
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Other cases tend to go through the system a lot quicker. Unreasonable amount of time to go before the courts in trial. Looked at places with longer delays which typically lead to convictions. Legally accused of committing a crime, tarnish on name. Take a lot of time off work or lose job. Complexity of case: explanation for the delay. Crown goes under microscope to ensure they"re doing their job properly. Institutional reasons could be not able to get a judge, courtroom. *defendant cannot cause delay, if they are found to delay court the burden of proof lies on the accused: waiver. Freely waive the right to a speedy trial. Not voluntary is seen as a problem: prejudice to the accused. What type of damage has occurred because of the delay. 100,000 criminal charges were permanently stayed because they had spent too much time in the system. Argued that undue delay of 14-15 months for impaired driving did not violate section.

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