LAWS 3305 Lecture Notes - Lecture 7: Jury Trial, Star Chamber, Judicial Independence
30 Sep 2020
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Imbalance in trials as victims use lawyers more in 18th century (re rewards) Prohibition of defence counsel in felony cases relaxed, allowed with judicial discretion ( parallel with treason act 1696) Judges used to be the ones to take witnesses through what to say, explain to the jury what they need to convict etc. Defence role limited until statutory right to counsel (prisoners counsel act 1836) under. Development of more sophisticated conceptions of causality and proof (forensic and expert testimony. Trails slow down, more elaborate rules of procedure and evidence to regulate the new motor force of the criminal trial. Development of procedural rights ( eg fuller articulation of the burden of proof beyond reasonable doubt, right to remain silent) Its an exam question, i don"t know the answer. Canada have barrister + solicitor, as a single profession, not attorney, it means a law officer of the crown. Victim and accused become passive in trial.
