FEB 25 2013
WDW210 Lecture 8
Re-test: March 11 7:10-9:10 OR Re-weighing of Remaining Course
Draft 10% / Final Paper 40% / Final Exam 40%
Extra 10% added to your highest grade on either the final paper or final exam
“Current Issues in the Criminal Court Process” and “The Objectives of Punishment”
Issue: Legal Aid
- Original legal system said to discriminate against the poor. Economically
disadvantaged accused often had no representation whatsoever – except for murder
o Fundamental unfairness, tilted the justice to the well to do because they
could hire lawyers
- Important American case: Gideon vs. Wainright (1963).
o Wainright had to represent himself because he did not have the money to
afford a attorney therefore he does not have the knowledge about the laws
and his rights
o Therefore the state should provide legal aid to those in need
- First Canadian Legal Aid Program: Ontario 1967. Only provided to those on social
assistance or to those with personal incomes less than social assistance levels.
- Cost of Legal Aid in Canada: $260 million in 1988; $412 million in 1991; $600
million in 1993; $512 in 2001. Why is it dropping?
o Not being compensated accordingly … compared to private attorneys
- Legal Aid Models:
1) Judi-care Model; if you qualify for legal aid you get a voucher and you can go out
on the market to find your own lawyer, provides flexibility on who they want to
represent them (if that laywer will accept the legal aid compensation)
Benefit: you have the freedom to find the lawyer you are comfortable with
2) Public Defender Model; the state will assignment a lawyer to you
duty counsel (assigned right away on court)
3) Mixed Model; in some cases they must decide that you do get a voucher to chose
your own lawyer, or the public defender : all depends on the location, the type of
cases (up north is the mixed model)
- Question: Is legal aid representation as good as private representation?
Research has generally shown that it is not, the quality of private
representation varies dramatically
More likely to pled guilty in public defender
More likely trial if you have a private defender
- Problems: Over-work – lack of resources; Only the very poor qualify.
Meeting the qualifications, a very thin line. People have to lose their entire life
savings in order to pay for own defender (because they are just above the cut off for
You will get your day in court but you will still be punished for your charges
High prices for legal defender, low legal aid threshold
Further court delays in the court system backlog
Disadvantage to the defendant, what the rules are, what are their own rights, how to
prepare their own case, a lot of explanations > delays FEB 25 2013
Issue: Jury Selection
- If charge holds a maximum penalty of 5 or more years in prison, the accused has the
right to trial by jury or trial by judge alone.
• Establishes the sentences (guilty or innocent)
- Jury selection is a 4 step procedure – 3 steps take place outside the court, one step
takes place in the court. Three out of court procedures: 1) Compilation of a source
list of persons who may be qualified; 2) Identify persons who qualify; and 3)
Random selection of jury pool from this list.
- Potential jurors are interviewed by both the Crown and the Defense.
- Jurors can be challenged through: 1) a peremptory challenge; or 2) a challenge for
• Depends on the exact offence
• Murder will get more peremptory challenge
• Challenges for cause: challenging that a person is bias (following a list of
- Purpose of challenges is to eliminate jurors who are unqualified or biased.
- Question: What is an impartial jury? Should non-citizens be allowed to sit on juries?
If the tried is with the issue around a minority, peremptory challenges against the
minority should not occur (it is hard to get minorities on the jury panel)
Older retired citizens want to serve on the jury panel nowadays
Issue: Legal Rights of The Accused
- The right of the accused to confront the accuser (the case of child witnesses).
• Has the