SOC 3730 Lecture Notes - Lecture 6: 48 Hrs., Eyewitness Identification, Reasonable Doubt
6 Apr 2018
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Right to speedy trial: it is a right in the charter (section 11b) Delays is the most prominent problem in our system (spending time in remand) Could result from the crown wanting to get the plea bargain. Could be procedural no court and no judge available. Could be issues with evidence and witnesses. R. v askov: 1990: they dropped the charges because the court found the time they had to wait for their conviction was too long. Social science evidence brampton courthouse had the longest wait time. Problems: witnesses forget things or may die, victims suffer because there is no closure, public looses faith in system. Impact: 100,000 cases were permantly stayed in ontario because it was just taking too long. R. v morin: 14-(cid:1005)5(cid:373) does(cid:374)"t (cid:448)iolate it i(cid:374) su(cid:373)(cid:373)a(cid:396)y (cid:272)o(cid:374)(cid:448)i(cid:272)tio(cid:374)s (cid:396)easo(cid:374)a(cid:271)le ti(cid:373)e is (cid:1005)(cid:1004)-18m: v. jordan: unreasonable rights were infringed too long too wait, past guidelines were too vague so they created the presumptive ceiling.
