SOCI 327 Lecture Notes - Lecture 26: Preliminary Hearing, Due Process
1 Apr 2016
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Conflict perspective: impoverished canadians are more likely to be convicted. Hypothesis suggesting that canadians who self-represent place burden on the court. Prosecution and judge are forced to assist the defendant. 10 days in march (winnipeg): calculated that 764 self-represented clients had to be helped. Did not find a burden on the court, found burden on the accused. Supreme court had a jurisdiction over entire country. Not uncommon to hear reference to higher/lower courts. Ericson/baranek: 70% plead guilty to at least one criminal charge. 90% of accused enter a plea of guilty. Follow stinchcombe 1991 - lawyer charged with fraud, evidence worked to his defence, rcmp withheld evidence. Want to maintain administrative credibility, low acquittal rate. Can be held civilly liable if decisions are deemed malicious. Examine strength of crown"s case, hire experts, explain process to client. Thomas 2004: only 2% were heard at superior level.
