CRIM 135 Lecture Notes - Lecture 5: Inquisitorial System, Paul Bernardo, Restorative Justice
Document Summary
4 indictable offences other than those listed in s. 469 of the code. Provincial courts family division family disputes less formal, less adversarial. Superior courts: names not consistent across provinces. 1 ontario = ontario court of justice (prov); superior court of justice (trial); court of appeal for ontario (appeal). 2 bc = bc provincial court (prov); bc supreme court (trial); bc court of appeal (appeal: trial division. 3. 1 judge alone or judge & jury: appeal division. Hears appeals from provincial courts of appeal. Anger re: expense & length of trials (civil proceedings) Many litigation lawyers rarely/never go to court. High % of guilty pleas (criminal proceedings) 2 judge/jury arrives at a verdict based on strength of respective arguments. Cons: does not reflect reality of participants. David milgaard (22 years in prison) = m. Convicted by lawyer to take a plea deal. Another man (paul bernardo) admitted to the killing. Competing interests: prosecuting criminals vs, charter rights.