Soc 327 Part 2

Barristers

prepare and conduct litigation in court

Solicitors

provide oral or written legal advice

"Call to the bar"

to practice law requires that individuals be fully qualified to do so the point at which a lawyer is admitted to the practice of law in a particular jurisdiction traditionally, "the bar" was a wooden barrier that separated the public from judges and those who had business with the courts

Crown Counsel role

Represent the community

-sep from government

-must successfully win cases or else their job's are in jeopardy

Responsibilities of Crown Counsel

Enforce law and maintain justice by presenting all evidence

-disclosure

-charge screening

-bail hearings

-judicial pre-trials

-trials

-plea negotiations

-proposing sentences

-initiating appeals

Charge Screening

ensures charges are appropriate when laid

Disclosure

Must share every piece of evidence known

Judicial Pre-Trials

Formal hearing to see if resolution is possible

-used in more serious cases

Evidential Test

Is there sufficient admissible evidence that could realistically result in a conviction?

-part of Prosecution's analysis

Public Interest Test

Is it in the public interest to prosecute?

-prosecution's analysis

Defence Counsel Duties

Ensure legal rights of the clients are protected

they're concerned with both the process (when client gets put on detention) to substance (how facts of case has been applied) of the case

-prepares case and choose strategy for challenging prosecution

-help client understand process and consequences

Defense Counsel Obligation

To not mislead the court

Judges

Prime duty is to uphold the rights of the accused and ensure the"rules of court" are adhered to

Judge's Responsibilities

-mediate over disputes b/w prosecution & defense

-decide if evidence is good

-determine facts of case

-interpret relevant statutory and case law

-decide guilt/innocence

-impose sentences

Rules on Judges

-must be impartial

-must not involve themselves in case

-decide truth of case

Parole Eligibility

-# time served before being allowed parole

-First degree murder : 25 yrs

-second : 10-25 yrs

Charge the jury

instruct jury on facts being decided

-educate decision maker

Federal Appointed Judges (Judicial Accountability)

accountable to the Canadian Judicial Council

Provincially Appointed Judges (Judicial Accountability)

accountable to local councils

Sanctions for Judicial Wrongdoing

reprimand, counselling, education, apology, leave of absence, removal from the bench (very rare)

issues with judicial accountability

What are the main goals of pre-trial release decisions?

To ensure the accused attends court, to prevent further offences, and to maintain public confidence in the administration of justice

Who has the burden of proof when it comes to denying bail?

The Crown generally must show cause for why release should be denied, except in reverse onus situations

What is a show cause hearing?

A hearing to determine if bail should be denied; it must occur within 24 hours or as soon as possible after arrest

What are the roles of sureties in bail?

A surety is someone (often a friend or relative) who pledges to ensure the accused appears in court, and may owe money if they fail to appear

What is plea bargaining?

A negotiation where the accused pleads guilty in exchange for some benefit, such as a lesser charge or sentence reduction

What types of plea bargaining exist?

Charge bargaining, sentence bargaining, and fact bargaining

What are the main criticisms of plea bargaining?

It may be unfair due to state power imbalance, lack of legislation governing it, and limited involvement of victims

What determines the type of trial for an offence?

Whether the offence is summary, indictable, or electable—each allows different modes of trial (judge alone or jury)

What is a preliminary hearing?

A pre-trial process in some indictable cases to determine if there's sufficient evidence to proceed to trial

What are the qualifications and requirements for juries?

Juries must be impartial, competent, and representative; the Crown ensures these standards are met

What are the two traditional types of jury challenges?

Challenges for cause and peremptory challenges (the latter eliminated under Bill C-75)

What is jury nullification?

When a jury disregards applicable law and returns a verdict contrary to it (nullifying the law)

Who is Alphonse Bertillon and what is his contribution to forensics?

He developed mug shots and crime scene photography in the late 19th century

What is Locard's Exchange Principle?

When a perpetrator comes into contact with an object, they leave traces of themselves, and vice versa

What was Hugo Münsterberg known for?

His early work on eyewitness testimony and the psychology of false confessions

What factors make eyewitness testimony unreliable?

Memory limitations, perception errors, social pressure, faulty instructions, and confidence bias

What technique is recommended for police photo line-ups?

Sequential (one-at-a-time) presentation with standardized witness instructions

What are the main types of false confessions?

Voluntary, coerced-compliant, and coerced-internalized

What is a common cause of coerced confessions?

The confrontational and manipulative nature of police interrogation methods (e.g., the Reid technique)

What are the main goals of pre-trial release decisions?

To ensure the accused attends court, to prevent further offences, and to maintain public confidence in the administration of justice

Who has the burden of proof when it comes to denying bail?

The Crown generally must show cause for why release should be denied, except in reverse onus situations

What is a show cause hearing?

A hearing to determine if bail should be denied; it must occur within 24 hours or as soon as possible after arrest

What are the roles of sureties in bail?

A surety is someone (often a friend or relative) who pledges to ensure the accused appears in court, and may owe money if they fail to appear

What is plea bargaining?

A negotiation where the accused pleads guilty in exchange for some benefit, such as a lesser charge or sentence reduction

What types of plea bargaining exist?

Charge bargaining, sentence bargaining, and fact bargaining

What are the main criticisms of plea bargaining?

It may be unfair due to state power imbalance, lack of legislation governing it, and limited involvement of victims

What determines the type of trial for an offence?

Whether the offence is summary, indictable, or electable—each allows different modes of trial (judge alone or jury)

What is a preliminary hearing?

A pre-trial process in some indictable cases to determine if there's sufficient evidence to proceed to trial

What are the qualifications and requirements for juries?

Juries must be impartial, competent, and representative; the Crown ensures these standards are met

What are the two traditional types of jury challenges?

Challenges for cause and peremptory challenges (the latter eliminated under Bill C-75)

What is jury nullification?

When a jury disregards applicable law and returns a verdict contrary to it (nullifying the law)

Who is Alphonse Bertillon and what is his contribution to forensics?

He developed mug shots and crime scene photography in the late 19th century

What is Locard's Exchange Principle?

When a perpetrator comes into contact with an object, they leave traces of themselves, and vice versa

What was Hugo Münsterberg known for?

His early work on eyewitness testimony and the psychology of false confessions

What factors make eyewitness testimony unreliable?

Memory limitations, perception errors, social pressure, faulty instructions, and confidence bias

What technique is recommended for police photo line-ups?

Sequential (one-at-a-time) presentation with standardized witness instructions

What are the main types of false confessions?

Voluntary, coerced-compliant, and coerced-internalized

What is a common cause of coerced confessions?

The confrontational and manipulative nature of police interrogation methods (e.g., the Reid technique)

What were the two main systems of punishment in 19th century North American prisons

The Pennsylvania System (solitary confinement to force repentance) and the Auburn System (hard labour and tiered blocks based on Bentham's panopticon).

What was the purpose of Canada's Kingston Penitentiary, opened in 1835

To create "docile bodies" by denying freedom, imposing harsh rules, and substandard living conditions.

What was revealed by the Brown Report of 1849

Extensive abuses in early correctional institutions, especially Kingston Penitentiary.

What is the Policy of Normalization in early corrections

Reforming offenders through strict discipline, imprisoning vagrants, the poor, prostitutes, and mentally ill people.

What did the Medical Model of Corrections emphasize

Strict but humane treatment, including controversial methods like lobotomies, ECT, and LSD, influenced by Brown and Archambault Commissions.

What was a major recommendation of the Fauteaux Commission (1953)

Shift from punishment to reintegration, focusing on aftercare programs and accessible parole.

What does the Reintegration Model focus on

Housing, mental health and addictions, employment, and reducing stigma for offenders after release.

What is a key criticism of the Risk Prediction Ideology

It often ignores cultural and gender differences and individualizes responsibility for crime.

What are the three correctional systems in Canada

Youth system, adult provincial/territorial system, and adult federal system (for sentences over two years).

Name some types of federal correctional institutions in Canada

Minimum, medium, maximum, multi-level security, Aboriginal Healing Lodges, Special Handling Units, Regional Treatment Centres.

What factors determine security classification of inmates

Escape risk, risk to public safety, and supervision needs within the institution.

How are offenders assessed in Canadian corrections

Through psychological, personality, and behavioural inventories, although methods vary widely.

What does the Risk-Need-Responsivity model propose

Matching the level of service to offender risk, addressing criminogenic needs, and providing individualized treatment, with cognitive-behavioural strategies being effective.

What types of correctional programming are offered

Educational, vocational, social, Indigenous-focused, animal-assisted therapy, substance abuse, and violence relapse prevention programs.

What does it mean that prisons are "total institutions"

They pursue conflicting goals, face overcrowding, deal with changing offender profiles, inmate gangs, violence, and drug issues.