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Week 8.docx

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Week 8 February-25-13 5:24 PM Current Issues in the Criminal Court Process and the Objective 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  Import America Case: Gideon vs. Wainright  First Canadian Legal Aid Program: Ontario 1967 o Only provided to those on social assistance or to those with personal incomes less than social assistance levels  Cost of Legal Aid in Canada increased dramatically and then dropped  Legal Aid Model o Judi-care Model o Public Defender Model o Mixed Model  Question: is legal aid representation as good as private representation o Research says no o More likely to plead guilty= legal aid - same money if legal aid takes a defender to trial or plead guilty - decrease their case load o Trial= private - more money if lawyers take defender to trials  Issue: you need greater legal aid because lawyers are suffering finically compared to private o Over-work- - contribute to court delays o lack of resources-resources costs money - legal aid might deny proposal for resource o only the very poor qualify- people can lose their life savings for a defense attorney (working class)- don’t qualify for legal aid o Private lawyers might turn down legal aid o State picks a lawyer for you o Huge increase for defendants to do it alone and not hire a legal aid or lawyer  Court delays  Manipulation  Benefit: Gives defendant a lot of flexibility to pick what lawyer they want o Unique resources to defend yourself in court Issue: Jury Selection  If charge holds a max penalty of 5 or more years in prison, the accused has the right to trial by jury or trial by judge alone  Jury selection is a 4 step procedures- 3 steps take place outside and 1 inside o Compilation of a source list of persons who may be qualified  Canadian citizens  Age Requirements  Different occupation banned- police, lawyer etc.- biased for legal organizations o Identify persons who qualify o Random selection of jury pool from this list  Potential jurors are interviewed by both the Crown and Defense  Jurors can be challenged through- peremptory chal
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