February 8, 2013
Role of TJ, Cr Attorney and Defense counsel
- Adversarial system vs. Inquisitorial system
- Plea Bargaining
S. 494 Arrest made by citizen. Must deliver the accused to a police officer forthwith.
S. 494. Arrest made by police officer. Arresting officer will release with a summons or
promise to appear in court on a specified date.
Officer in charge at PD >> release (unless) >> even if you let them out you need to
make sure they get brought before a judge for a bail hearing within 24 hrs. (Judicial-
Period between Arrest and Trial
3 Grounds: Judge
Primary ground: fail to appear? How to ensure attendance in court?
Secondary ground: reoffend? Also, must consider the need to protect the public. Will it
interfere with the administration of justice?
Tertiary ground: admin of justice into disrepute?
Summons: Judge or officer can issue a summons requiring the accused to appear in
court on a specified date.
Promise to appear: they must promise to appear in court on given date. Like a
Recognizance: Promise to pay if they don’t appear in court $$. Must show a Proof of
property, or how much $$ they have. FTA fails to appear >> Must pay X amount $$.
- There is a bias here against people who do not have money or property
- If you are homeless or impoverish the system immediately starts to become
harder on you. Because the liberal system is made up to treat all individuals as
equal. However, there are some who are wealthier than others and therefore it
becomes bias. Recognizance with a surety (someone other than the accused). Works the same way.
But someone else is responsible to pay the money if the accused does not show up to
Recognizance (w/without a surety) with conditions.
- Geographic- stay out of defined area. No contact with certain people.
EX: cannot go 1 mile from home, 1 mile from child’s school, etc.
- Impaired – no driving, no drinking. (if breach this condition, they go back to jail
- Some mental health issues which have nothing to do with the can be put as a
condition to the charge.
Ex: must take pills daily and see doc once a week. If they Fail this they await trial
Inquisitorial system (developed in Europe based on civil code) (bureaucratic
- Need to find facts/tr