Courts 1

What is “probable cause”?

The level of proof required before a criminal trial to proceed.

What level of proof is required to convict in court?

Proof beyond a reasonable doubt.

What does the quote “He who is his own lawyer has a fool for a client” suggest?

Self-representation is risky and often ineffective.

What did McFarlane (2012) find about self-representation?

80% in family court, 60% in civil court, no data for criminal courts.

Why do people choose self-representation?

High legal costs, insufficient legal aid, belief in free online info.

What is a common result of self-representation?

Significant stress.

What does the conflict perspective say about the justice system?

Poor people are more likely to be convicted.

Why are impoverished Canadians disadvantaged?

Less likely to present successful defenses.

When is legal aid usually provided?

When imprisonment or loss of livelihood is likely.

Alternatives if legal aid is denied?

Duty counsel, student legal clinics, community legal clinics.

What does the “burden of the court” hypothesis claim?

Self-represented accused burden courts because:

• Judges/prosecutors must help them

• They slow down the process

What did Hann et al. (2003) find instead?

Burden is on the accused:

• Plead guilty earlier

• Fewer appearances

• Shorter appearances

How many court systems exist in Canada?

14 (13 provincial/territorial + 1 federal).

What is unique about Nunavut?

Unified superior court.

What do provincial/territorial courts handle?

Cases within their region.

What does the Supreme Court of Canada handle?

Cases across the entire country.

What other courts exist in provinces/territories?

Appeal courts.

What are problem-solving courts?

Courts focusing on underlying issues using collaboration and accountability.

What are problems with these courts?

• Non-compliance

• Strict conditions

• Program non-completion

How many cases does the Supreme Court hear yearly?

About 65–80.

How are cases selected?

About half are chosen by the Court.

How do Supreme Court judges shape policy?

• Judicial review

• Interpreting the law

What do lower courts handle?

Summary conviction offences.

What do higher (superior) courts handle?

Indictable offences.

What are the steps in investigation and trial?

• Investigation

• Laying a charge

• Decision to prosecute

• Court appearance, plea, bail

• Type of offence

• Choice of trial court/election

What are the later steps?

• Preliminary hearing

• Plea negotiation

• Trial

• Verdict

• Sentencing

• Appeal

Who are key actors?

Crown, defense lawyer, judge, jury, victims, witnesses.

What did Ericson & Baranek find?

• 91/131 pled guilty

• 21 not guilty

• 15 convicted

• 6 acquitted

• 17 dropped/dismissed

• 2 absent

Main role of defense lawyer? Other roles?

Protect the rights of the accused.

• Examine evidence

• Assess Crown’s case

• Explain process

• Hire experts

• Seek second opinions

Main duty of Crown prosecutor? What must they follow? What pressures do they face?

Enforce law and maintain justice.Stinchcombe (1991).Pressure to convict (role conflict).

What are Crown prosecutors concerned with?

• Credibility

• Low acquittal rates

• Heavy workload

What did Gomma & Hall (1995) find?

6–10 trials per day.

When can they be held liable?

If actions are malicious or abusive.

Role of judges?

• Protect rights

• Resolve disputes

• Decide facts (sometimes)

• Determine sentence

What stage does the trial begin? How common are jury trials?

Adjudication stage. Rare (~2

When is a plea entered?What % plead guilty early?What about indictable offences?

During preliminary stage. About 90%. More likely not guilty → trial.

Purpose of preliminary hearing? Does Crown present all evidence? Possible outcomes? Do all accused use it?

Check if enough evidence exists, protect from unnecessary trial. No. Trial scheduled or charges dropped. No, many skip it

What factors affect prosecution decisions?

• Belief in guilt

• Crime seriousness

• Criminal record

• Witnesses

• Credibility

• Other cases

What is a plea bargain?

Agreement to plead guilty for a benefit.

Why are plea bargains used?

• Efficiency

• Lower costs

• Focus on serious cases

Types of plea bargaining?

• Charge bargaining

• Sentence bargaining

• Procedural bargaining

• Fact bargaining

• Label bargaining

Advantages of plea bargaining?

• Efficiency

• Cost reduction

• Less workload

• Less trauma for victims

Disadvantages of plea bargaining?

• Unfair/hidden

• Too lenient

• Hurts credibility

• Avoids due process

• Pressures innocent people