SOC301H5 Study Guide - Midterm Guide: Surety, Reverse Onus, Duty Counsel
Document Summary
Shifting risk: bail and the use of sureties. After being arrested, an accused person, under canadian law must be brought before a justice of the peace or judge to determine whether detention is necessary unless he or she has been released by the police beforehand. The release under the supervision of a surety has come to be considered the standard for securing release. Concerns about the consequences of a decision may generate feelings of unease among criminal justice actors, who may then become reluctant to make decisions for which they are solely responsible for fear of occupational and reputational repercussions. Implicit in this system is the belief that someone is at fault, somehow negligent and thus blameworthy for every misfortune. In a culture of accountability and transparency, it has become progressively more risky to venture any judgement or to take any responsibility for a risky decision. Consequences of this type of defensive risk management may be catastrophic for professional judgement.
