AHSS*4050 Lecture Notes - Lecture 11: Crown Attorney, The Public Interest, Criminal Record
Document Summary
When is a search reasonable: when it is authorized by law, when the law is reasonable, and, when the manner in which it is carried out is reasonable. Common law powers of search: consent, must be informed and voluntary consent. Roles of crown attorneys, defence counsel, and the judge. Charge screening and disclosure: crown must prevent abuses of process, must ensure that the police are not overzealous, must maintain objectivity in spite of high profile nature of case or public outcry. Charge screening and disclosure: charge screening occurs when the crown receives a brief of the allegations from the police ( or individual laying the charge) Is it in the public interest to discontinue the prosecution even if there is a reasonable prospect of conviction: was the proper charge laid. Strength of crown"s case: how old are allegations, are there alternatives available. Diversion: ejs for youth, mentally ill, aboriginal offenders, prostitution cases, drug cases.
