CRM 100 Lecture Notes - Lecture 8: Summary Offence, The Courtroom
Document Summary
Responsibilities: determine guilt or innocence, impose appropriate sentence, protect the rights of the accused. Judicial independence: fair, impartial trial, no political interference. Problems: backlog cases, time constraints limit case preparation, language and cultural barriers. Difficulties sentencing: balance between culturally/community-relevant approaches and the rights and protection of victims. Trial and appeal courts: trial: serious criminal offences, may involve juries, appeal: criminal appeals of verdict or sentence. Nine judges appointed by governor in council from different regions of canada. Court of last resort, decisions are final. Eligible to appeal to the federal level only when at least one appellate court judge dissents. Often involve: interpretations of the charter of rights and freedoms. Or: complicated issues in private or public law. Permission or leave to appeal a lower court decision. Reference federal government asks the scc for a legal opinion on an important legal question. For engaging in social activism on one hand and being deferential to law enforcement on the other.