SOC 1500 Lecture Notes - Lecture 9: Duty Counsel, Conditional Sentence, Legal Aid
27 Nov 2017
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Legal representation: four types available, privately retained lawyer, legal aid lawyer, duty counsel (lawyer on duty at court) Lawyers who can give immediate assistance to low-income people who appear in court without a lawyer: court-appointed / funded lawyer, criticized as lawyers learning on the job . Pre sentence report: generally prepared by probation officer. Information about offender"s background; interviews with offender"s family, friends, and employer: may contain a victim impact statement, written by victim about how they"ve been affected by offence, read aloud by victim or crown. Pre sentence report youth: generally prepared by probation officer. Sentencing hearing: offender given sentence by judge. Length & proximity to case varies: crown & offender"s lawyer argue for different sentences; judge makes final decision. Joint submission when crown and offender"s lawyer agree on sentence. Retribution and proportionality are key focus of youth system. Types of sentences: concurrent served simultaneously, consecutive run separately one after another.
