LAWS 2301 Lecture Notes - Lecture 7: Pro Bono, Wrongfully Accused, Karla Homolka

• School: Carleton University
• Department: Law
• Course: LAWS 2301
• Professor: Jennifer Dalton

Document Summary

Actors in the system: plea bargaining and access to justice. The prosecution is the primary decision maker with most influence (judge often defers) Resource limitations (flat salary for government workers vs. hourly rate) Defense counsel will often have the hourly rate, whereas prosecution (crown attorneys, etc) will have a flat salary. Can result in injustices for wrongfully accused (coerced plea bargains) Expediency comes at the cost of thoroughness, which can lead to greater issues over the course of a cases life. Arguably a duty to seek lesser sentence. Representation by a qualified lawyer (not guaranteed in canada, even in criminal cases) We do not currently have adequate access to justice, but there is no single solution. The attorneys-general, governments, legal profession (bar), courts and academe all have roles to play: Attorneys-general and governments play fundamental roles in delivery of justice and access; The legal profession should provide better access through service (pro bono, unbundling of services);