CRM 200 Lecture Notes - Lecture 5: Arson, Duty Counsel, Water Skiing
10 Apr 2018
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Document Summary
Canadian court process: pre-trial phase: decisions on detention, arrest, interrogation, search and seizure; legal aid, trial phase: plea bargaining; juries, sentencing phase: how and why we punish. Justice requires interpretations of law but not all interpretations are just. Protect legal rights of the accused: all those who are involved with the criminal justice system must have their rights protected (due process) Roles of judges/judicial officers in overall cj process: determine guilt or innocence and give sentences to hand down justice. Judges are independent of the law and are neutral: monitor the activities of police officials and crowns. Preliminary hearing judge will evaluate the strength of the crown"s evidence. Courts conduct trials and appeal to attain justice: independence and neutrality, monitoring function, conduct trials and appeals. Official classification: summary conviction offences less serious types of offences thus, less serious maximum penalty. (waterskiing at night, public nudity, some theft, level 1 assault) Issue a summons to be heard in court.
