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Lecture

courts overviewed (3)- jan 24 2013.docx

5 Pages
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Department
Social Science
Course Code
SOSC 2652
Professor
Anna Pratt

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Courts overviewed (3) Ashley Smith - Died at the age of 19 (Grant valley insuititon) - Correctional official watch her die for 14 mins - He hung our herself ( guards in the past had stepped in and this time they didn’t) - Guards watched it and videotaped it - She was a difficult prisoner - Non obedient and passive - She first came into the CJS became she has threw crab apples at a letter carrier - Once she was behind bars she did more things to extend her prison time Role of defence attorneys - At a min the job of the defence is to keep the courts and crown honest - To make sure there handling the cases approietly - There is no duty on behave of the state to provide defence but you do have the right to defence ( raises issues such as access to justice) - Relates to poverty and the people who don’t have resources to afford a legal council - Defence council has a structural different role then a crown - You can also think of defence as double agent, while they have different roles from crown at the same time they are like regular players - Regardless of the vitures of any particular individual lawyer, there is a double loyalty that defence lawyers has - There is a pressure to remain friendly with the crown and police to ensure smooth functioning with the case - Therefore they do share some common goals with the crown - Dual roles- crown is the ministry of justice but there is also a desire to win a case. In practice crown and defence work in secrecy (recipe knowledge of the system) - They share similaries that complicated oppression - They end up at the same conference, same social events and such Issues in the courts (Bail/ pre-trail) - Major issue that comes in play when police arrest someone is to see if the person should be let go of custody to kept in (this is very important) - Two main considering is, is the person going to show up at trail - It is one of the most troubling stages - A measure that denies or somehow undercuts the presumption of innocence - The pre trail release is suppose to be the norm because this is such a big issue - Onus is on the crown to show cause to detain the person (reverse onus) - Crown consents to the release and JP just agrees - More and more people are being denied bail - The more adult being held in remand than those who have been convicted of crime - Principle of protetialnity- restriting someone freedom should be proporient to the crime - It needs to be proportionate to the ground - The crown can consent to bail, with or without condition (they don’t have to give any reasons to do such) - Decision should not result in unfair treatment if it did bail would be a privilege rather than a right - However aboriginal are not likely to be denied bail, in Ontario blacks are more likely to be remanded to custody before trail - Crown may take into consideration social factors while allowing bail - Someone with a stable job, permanent address is less likely to be detained then not - Someone who is homeless and unemployed might be at a disadvantage - Theses however do not explain why crown seeks detention (the report provided by the police has the most influence on the crown providing bail or not these are know as informal expertise. These reports include police perception of the accused - What the crown relies on is what and how the police tells them about the person - Police overcharging becomes as issue at bail court - Bail court is not intended to be a place were people accused answer to charges - Having a lot of charges can influence in not getting bail - It gives a perception of dangerous, even though those charges are not tired Release orders - Most preferred condition of release is surety ( requirement that a person takes responsibility that the accused shows up in trail and if they don’t they will have to pay a finical penalty - Many of people with a dention order have had no hope of finding an surety wether its becomes the person who wants to be a surety is not crediable or doesn’t have money - Condition will include to protect the victim of the offence - By increasing surveillance, curfews, court officials - One of the issues raised is that these condition act as a good resources for police - Police report on young black men were least likely to be positive when compared to other groups (kello findings) Consequences : - There use to be a rule that pre-trail custody will count as 2-1 ratio - In pre-trail dention people do not have acess to drug counciling vist to phys or to rights to rec or education or any of the things that might make life easier or help to make that person look better when it comes to court\ - That they could say they have done all these things which should be taken into consideration - Now you can get a 1 to 1 ratio if the
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