SOC 1500 Lecture Notes - Lecture 13: Duty Counsel, Suspended Sentence, Legal Aid
11 Feb 2016
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Document Summary
Four types available: privately retained lawyer, legal aid lawyer, duty counsel (lawyer on duty at court, court-appointed / funded lawyer. Presence of lawyer and type of representation influence likelihood. Duty counsel - less successful than private lawyers. Private lawyers > duty counsel: negotiating charges dropped and. Effects of representation vary by race, class and gender of accused defending not-guilty pleas. Information about offender"s background; interviews with offender"s family, friends, and employer. Information about offender"s background; results from interview with victim; recommendation of sentencing conference; information from parents, family, social workers, school officials. Contain judgements about emotional development, attitude, maturity, character, insight into the offence, willingness to make amends, plans for future. Crown & offender"s lawyer argue for different sentences; judge makes final decision. Joint submission - when crown and offender"s lawyer agree on sentence. Interim release - arrested person released into the community while waiting for their court appearance.
