Law 2101 Lecture Notes - Lecture 15: Strip Search, High Standard Manufacturing Company, E.G. Records
21 Dec 2017
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Intro to criminal procedure, arbitrary detention, search and seizure. Defence: normally performed by private lawyers paid personally by the accused or by legal aid, a narrower role, directed almost exclusively at protecting the interests of the client, subject to duties owed to the court. Job is not to seek justice: can assume an almost purely adversarial role towards the prosecution, no duty to disclose the defence case to the prosecution. Trials: most trials are before judge alone in ontario court of justice. Some more serious charges are before judge alone or judge and jury in superior court of justice. In a judge alone trial the judge decides the facts. In a jury case the jury decides the facts: the judge directs them as to the relevant law, trial options determined by the nature of the alleged offence, three types of offences: If a preliminary inquiry is held, the trial occurs in superior court.
