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SOC216 LEC#2.doc

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Nicole Myers

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SOC 216 Lecture #2 Tuesday, September 18, 2012 The Practice of Law and Court Culture Adversarial System • what we have in Canada • written down in the books • created case-by-case -different rules come out, mix of laws that comes out • 2 advocates -prosecutor/crown -defense/legal aid/duty counsel • impartial arbiter -judge/justice of peace -between the crown and defense counsel -assure that legal procedures are maintained -judge looks at view passively, sits back and waits for everything to come to them, don’t normally ask questions, take in all the views Judges • Impartial arbiter • trier of fact • what is an objective decision, no extra legal factors taken into account • rules on admissibility of evidence • independent of the two parties decided if it admissible or not • eg. were their rights stated, were they delayed? why did the officer want to search someone? if they didn’t have suspicions then someone who is guillty may get out of the crime • Jurisdiction • Ontario court of justice • Superior court • deals with divorce • all cases that need a judge and a jury • court of appeal • appeal your matters, either the crown or the defense can appeal the decision • approximately 1500 cases a year, some are administrative law, criminal law, etc • supreme court of Canada • authority to sentence Justices of Peace • appointed • someone who is going to preside over court does not have any legal training what- soever • not legally trained • hired on the bases of work experience, life experience, etc. • can not sentence people, more administrative • provincial offenses • marriage • administrative-search warrants, set date court • if someone needs a warrant signed, they can do that • judges wear red sash, justice of peace wears a green one • bail hearings • if you don’t have a lot of criminal law education do not want these people taking action • the reason this is important is that bail is argued to be the most important part of the legal court process, will they stay in jail before they go to their trial, put condi- tions on their bail, conditions are released by virtue of court order and are subject to criminal offense if fail to maintain these conditions Juries • law people • people who are not engaged with the criminal justice system • jury of ones peers • who are your peers? • ascertain guilt • must be unanimous • constitutional right to jury charged with an offense with a maximum punishment of more than five years • most indictable offenses • do not make sentence recommendations • can only decide if guilty or not guilty, can not make up sentence • 12, minimum 10 • identity protected by publication ban • you will never really know who served on duty, unless you know them and they told you • not permitted to speak to media Crown Attorneys • prosectors • provincial and federal crowns • represent the state (Queen) • do not represent the victim, work for the government • argue n the public interest • its the states/societies interest that you are fighting for • salaried Defense Counsel • Private • retained by accused • represent accused in all proceedings • be completely honest with your lawyer so they can help defend you or don’t tell your lawyer anything are the two point of views • Duty Counsel • staff lawyer • young/low status • assist with bail, set date, plea, sentencing • cannot assist with a trial • how hard are they able to work for you • who do they give their allegiance to? • they have an enormous case load • low career status of those who are hired • these lawyers help in bail hearings,
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