Courts and Society (Good Copy) Slideshows

How is law defined in the context of SOC*3730?

Social rules punishable by civil, criminal, and administrative penalties; specific standards, principles, and procedures recognized in a community and adopted officially by a governing body.

What is the difference between norms and laws?

Norms are informal social rules that guide behavior but are not legally enforceable, whereas laws are officially adopted and backed by enforceable processes.

According to Max Weber, what makes an order 'law'?

It is externally guaranteed by the probability that coercion (physical or psychological) will be applied by a staff of people ready to bring about conformity or avenge a violation.

What are the three main functions of law?

Social control, dispute settlement, and social change/social engineering.

What are the four pillars of official legal rhetoric?

Separation of Powers, Legal Mode of Reasoning, Stare Decisis, and the Rule of Law.

What does the doctrine of 'Stare Decisis' mean?

It means 'to stand by things decided,' referring to the doctrine that precedent should guide future legal decisions.

How does Law & Society scholarship challenge the official rhetoric of law?

It interrogates discourses of impartiality, unearths inequalities reinforced by law, and documents that law is not value-neutral or independent of social institutions.

What are the four main groups of participants in courts?

Litigants, lawyers, judges, and juries.

What is the primary function of adjudication in courts?

It is the process by which a judge renders the official judgment of the trial court in a civil or criminal case.

What is the 'CSI effect' in the context of legal research?

It refers to how media influences the construction of legal meaning and expectations regarding evidence.

What is the primary purpose of Canadian courts?

To resolve disputes according to law as expeditiously and impartially as possible.

What is the difference between the adjudicatory and policy-making philosophies of judges?

The adjudicatory philosophy holds that judges should only apply existing law, while the policy-making philosophy recognizes that judges inevitably shape law through interpretive discretion.

What are the fundamental features of Canada's judicial system?

A federal but unified court system, hierarchies of courts, overlapping functions (disputes of fact vs. law), and a high degree of judicial discretion.

What is the role of provincial/territorial trial courts?

They act as courts of first instance and adjudicate all provincial and municipal offenses like traffic infractions and minor violations.

What is the function of provincial/territorial superior trial courts?

They handle the most serious criminal and civil cases and possess the authority to review decisions made by lower provincial courts.

Are administrative boards and tribunals part of the formal Canadian court system?

No, they are less formal bodies that deal with specific matters like refugee claims or disability benefits where court adjudication is impractical.

What is the Supreme Court of Canada's role?

It is the country's highest court and final court of appeal, serving as the final authority on the interpretation of all Canadian law.

What was the significance of R. v. Stinchcombe (1991)?

It established the right to a fair trial through mandatory Crown disclosure.

What legal principle was addressed in R. v. Ewanchuk (1999)?

The 'No means no' principle regarding sexual assault.

What was the outcome of United States v. Burns (2001)?

It established that there is no death penalty (in the context of extradition cases).

How does the 'Rule of Law' define accountability?

It dictates that all persons and institutions are subject to and accountable to the law.

What is the 'Separation of Powers' doctrine?

The doctrine that divides legislative, executive, and judicial power to prevent the abuse of authority.

What does it mean to say law is an area of 'contestation'?

It means that the meanings, approaches, and remedies within the law are subject to ongoing social and political debate.

What is the significance of Eldridge v. British Columbia (1997)?

It is a landmark case regarding substantive equality.

What is the role of judges according to Wacks (2015)?

Judges are viewed as the keepers of the law and the protectors and repository of justice.

What are the core competencies required of judges for an effective adjudicative process?

Judges must be trained, culturally competent, ethical, diligent, and fair.

What is the principle of 'Justice delayed is justice denied' in the context of courts?

It mandates that cases must be settled in a timely fashion to ensure effective justice.

Define Judicial Impartiality.

The principle that decisions should be based on objective criteria rather than bias, prejudice, or personal preference.

What are the four primary sources of judicial partiality that raise red flags?

Personal interests, relational interests, political interests, and personal biases unattributable to those interests.

Define Judicial Independence.

The degree to which judges can decide impartially without undue influence from outside the courtroom.

What are the three essential conditions for judicial independence according to the Supreme Court of Canada?

Security of tenure, financial security, and institutional independence.

How are judges held accountable despite their independence?

Through public court proceedings, the right to appeal, and formal complaint processes for federally appointed judges.

What are the three areas of public perspectives regarding the court system?

Perspectives on court systems/processes, perspectives on the judiciary/judges, and perspectives on information regarding the legal system.

What is the 'Process-Based Framework' for citizen court support?

The belief that citizens support courts based on the fairness of procedures and how they are treated by the system.

What is the 'Policy-Based Framework' for citizen court support?

The belief that citizens support courts based on their agreement with the court's policy outputs and decisions.

Define Access to Justice.

The ability to access processes, institutions, and laws to protect rights, obtain redress, and influence judicial decisions.

What is the difference between procedural justice and substantive justice?

Procedural justice refers to fairness in the processes used to reach decisions, while substantive justice refers to fairness in the actual outcomes and content of decisions.

What is a 'justiciable problem'?

A problem with a legal dimension that could, in theory, be resolved through the legal system.

What is the 'trigger and cascade effect' in the context of social exclusion?

The phenomenon where one legal problem tends to generate more problems, leading to a cycle of social exclusion.

What are some common consequences of experiencing unresolved legal problems?

Negative impacts on physical and mental health, increased substance use, family violence, and extreme stress.

What is the role of a common law judge in the trial stage?

The role is passive; they do not investigate, bring charges, question witnesses, or choose evidence, but decide based on what is presented.

How are judicial salaries determined in Canada to ensure independence?

Salaries are determined by independent commissions, not by the government.

Who has the power to remove a federally appointed judge in Canada?

Only Parliament.

What is 'Formalism' in judicial decision-making?

The principle that legal doctrine is central to judicial decision-making.

What is 'Stare Decisis'?

The mandate that judges must follow prior decisions laid down in similar previous cases (precedent).

Why must judges respect the lawmaking authority of Parliament even if they disagree with a law's rationale?

Because judicial decision-making is constrained by legislation and is not an open-ended pursuit of a judge's personal views.

What is the relationship between institutional trust and court support?

Institutional trust is a strong predictor of court support, and trust in courts is interdependent with trust in other government institutions.

What is the primary argument regarding partisanship and court support in Canada?

Partisanship is a defining characteristic of court support, with Conservative Party supporters being less likely to support the courts.

Why is judicial independence considered a constitutional right for all Canadians?

It is the foundation of judicial impartiality and a cornerstone of the rule of law.

What does 'Equality Before the Law' mean in the Canadian context?

It means that all people are equal under the Charter.

What is the primary constraint on judges regarding legislation?

Judges are required to respect the lawmaking authority of Parliament and provincial legislatures, even if they disagree with the rationale of a law.

How are judicial disagreements handled in collegial decision-making?

Judges must consider their colleagues' views, and disagreements are made public through dissenting reasons.

Who controls the evidence and issues presented in a court case?

The parties involved in the litigation define the issues and control the evidence presented.

What is the fundamental requirement for a judge's decision?

Judges must provide a publicly reasoned explanation for their decisions, grounding them in both law and fact.

What is the core focus of the 'Traditional Approach' to judicial decision-making?

It emphasizes the primacy of legal factors such as precedent, legislation, and legal doctrine.

What does 'Legal Realism' argue regarding judicial decisions?

It argues that decisions are influenced by policy preferences, personal identity, and external environmental factors like media and public opinion.

What is a judge's 'Role Orientation'?

A judge's conception of appropriate and ideal behavior, involving the tension between adjudicative and policy-making roles.

How do personal attributes impact judicial decision-making?

Biographical details such as career experience, education, social background, and demographics can shape a judge's attitudes and influence their decisions.

What is the significance of Tremblay v. Daigle (1989)?

It established that a fetus has no legal status as a person in Canada, illustrating the intersection of legal status, policy preferences, and judicial discretion.

How do trial court judges often react to the possibility of appellate review?

They may adjust their judgments to avoid being reversed by an upper court.

What is 'descriptive representation' in the context of the judiciary?

The idea that the mere presence of a diverse judiciary lends courts stronger legitimacy and authority.

What is 'substantive representation' in the judiciary?

The concept that the interests of minority groups are better represented when members of those groups are the ones making the decisions.

What is 'compositional similarity'?

The idea that having a judiciary that reflects the composition of society enhances institutional legitimacy.

What is 'admonishment' in the context of juvenile criminal courts?

A rhetorical punitive strategy where judges use harsh speech as an informal sentence enhancement to communicate criminal responsibility to adolescents.

What is the definition of a 'wrongful conviction'?

A miscarriage of justice where an individual is convicted and punished for a crime they did not commit.

How does judicial diversity affect rulings in sex discrimination cases?

Research shows female trial judges are about 15% more likely to rule in favor of the discrimination claimant than male judges.

How does judicial diversity affect rulings in race discrimination cases?

Research shows Black trial judges are about 39% more likely to decide in favor of the race discrimination plaintiff than white judges.

Why might judges fear external pressure from other branches of government?

They may fear reaction, pressure, or direct reprisal from political actors, especially in jurisdictions where judicial independence is not robust.

How do judges use their decisions to engage with the public?

Judges may use their decisions to send messages from the bench, engaging in a form of dialogue with the public, media, and other institutions.

What does it mean to say courtrooms are not 'hermetically sealed'?

It means courts are influenced by the outside world, including public opinion and media coverage, particularly in high-profile cases.

What is the primary role of an umpire-like judge according to John Roberts?

To apply the rules (the law) rather than make them.

What is the relationship between institutional settings and judicial behavior?

Judicial behavior is structured by the organizational problems and specific dilemmas inherent in the institutional setting where the judge works.

What are 'policy preferences' in judicial decision-making?

Positions taken toward policy issues based on the consideration of immediate or long-term effects.

How does collegial influence shape judicial decisions?

It occurs through the process of deliberation and the practical need to build majorities among fellow justices.

What is the main takeaway regarding the influence of a judge's background?

A judge's background and experience shape their approach to cases, determining what they view as relevant and how they interpret legal provisions.

What is the official rhetoric regarding the criminal justice system's purpose?

The system uses rules and procedures to ensure the guilty are convicted and the innocent are acquitted.

List three examples of 'System Failures' that contribute to wrongful convictions.

Poor police investigation (tunnel vision), prosecutorial misconduct, and ineffective assistance by defense counsel.

How does 'tunnel vision' impact police investigations?

It leads to flawed and inadequate investigations where police focus on a single suspect, potentially ignoring exculpatory evidence.

What are the social and systemic factors contributing to wrongful convictions?

Public pressure to convict in high-profile cases, the influence of media opinion, and racial discrimination.

What are common ways individuals cope with wrongful imprisonment?

Through violence, cooperation, and belonging; through withdrawal; through preoccupation with exoneration; or through rejection of the criminal label.

What are the consequences for prisoners who maintain their innocence?

They are often perceived as 'high-risk,' 'dangerous,' or 'untreated,' face difficulties after release, and often develop an increased intolerance of injustice.

According to Tanovich (2008), what is a significant failure of trial and appellate lawyers in Canadian courts?

A failure to engage in 'race talk' and a failure of the judiciary to adopt appropriate critical race standards.

What does the case R. v. Gladue (1999) establish regarding Aboriginal people in the justice system?

It recognized that Aboriginal people are overrepresented due to systemic racism, bias, and an institutional approach that often refuses bail and imposes longer sentences.

What is 'Hostile Adjudication' in the context of racial injustice?

Instances where courts actively resist or reject race-based arguments presented by counsel.

What is the 'Sounds of Trial Silence' failure identified by Tanovich?

The systematic failure of lawyers to raise the issue of race in the courtroom, either because they do not see it, are uncomfortable, or prefer 'safer' traditional arguments.

What is the significance of the case R. v. Brown?

It is a landmark Canadian case that unanimously recognized racial profiling as a reality supported by social science research.

What is the 'CSI Effect'?

The belief that crime television shows influence jurors to place unrealistic emphasis on forensic science and expect high-quality forensic evidence in every case.

How does pretrial publicity (PTP) affect jury verdicts?

Research shows that jurors exposed to PTP are more likely to render guilty verdicts, and standard voir dire processes are often ineffective at mitigating this bias.

What are effective legal remedies for mitigating the effects of pretrial publicity?

The use of 'imported jurors' and 'change of venue'.

What is the 'Cultivation Effect' in media studies?

The theory that regular television viewers come to perceive social reality in ways that align with the common 'mental world' presented in television narratives.

How does the show 'The Wire' differ from traditional crime dramas like 'Law & Order'?

It features crimes that are often never solved or punished, focusing instead on the bureaucratic and political milieus that prevent justice.

What is the primary conflict between Charter guarantees in high-profile cases?

The collision between freedom of the press and the right to a fair trial.

What is the role of litigation in addressing racial injustice according to Tanovich?

It provides individual and systemic remedies while raising public consciousness, stimulating research, and mobilizing political action.

Why is finding an unbiased juror increasingly difficult in the internet age?

Due to the constant stream of information and misinformation available through social media and online news.

What is the relationship between watching forensic-related television and juror judgment?

It is most consistently associated with judgments regarding DNA, ballistics, and arson evidence, often creating unrealistic expectations.

How does media content influence the criminal legal system?

It influences courtroom decisions (via PTP and the CSI effect) and shapes public perceptions of the system's failures and institutions.

What does 'popular culture' refer to in the context of judicial outcomes?

Cultural commodities and experiences produced by the culture industry and marketed to mass audiences.

What is the impact of media on the fear of crime?

Regular viewing of television programming is correlated with an increased fear of crime and shapes attitudes about law and court efficacy.

Does the passage of time mitigate the biasing effects of pretrial publicity?

It may reduce the recall of specific factual details but does not eliminate the underlying biasing information.

What is the main argument regarding the Charter and racial injustice?

The problem is not with the Charter itself, but with those who argue and interpret it in the courtroom.