SSCI1000U Lecture Notes - Lecture 7: Pro Bono, Centralisation, Procedural Justice
13 Dec 2016
School
Department
Course
Professor
CH 6 CRMJ- pretrial criminal procedur, the courts and criminal trial procedure
The first appearance
Following laying of charges
Charges read to defendant
Other decisions at this stage: bail decisions, appointment of legal aid lawyers
Bail
The most important step for an accused person in the criminal process
Parliament passed: Bail Reform Act (1972)
Established: system of interim release
Basis for bail in Canada
Bail Reform Act
Creation- result of ouimet committee
Recommendation: suspects not placed in detention
Unless, though as only means to ensure appearance of accused in court
Preference- release into community pending trial
Ladder Approach
The prosecutor must justify greater degrees of restrictions on the accused
Bail
Most hearings-quick
Officer- makes recommendation to crown prosecutor
Conditions of release
When debate takes place- usually relates to conditions of release not release itself
Legal Aid
- A government supported system that allows individuals who are earning below a certain
amount to receive free legal services
Section 10(b) of the charter
right to retai ouil ithout delay
early days of criminal justice system:
defense lawyers- free legal aid- pro bono
-social responsibility
first province: Ontario in 1967
1973: federal funding
government funding
result: increase in cost falls upon provincial budgets
find more resources at oneclass.com
find more resources at oneclass.com
Legal Aid 3 models
Judicare
Public defender (Staff System)
Mixed or combined approach (combination of the above two)
Judicare Model
BC, Alberta, Onatrio
Benefits: lower costs
- One lawyer-throughout case
- Service availability
- Select own lawyer
- Client can make selection based on interest
Staff system
• Saskatchewan, Newfoundland and Labrador, Nova Scotia, Yukon
• Lawyers employed by provincial government
• Benefits:
• Lawyers on salary
• Other public defender contacts
• Better representation
• Centralized system (greater efficiency)
Mixed systems
• Manitoba, Quebec, New Brunswick, Northwest Territories, Nunavut, Prince Edward
Island
• Recipient chooses from panel (staff or private)
Self help mode
On own
Unbundled services- various step of process
No ongoing representation
What is the prosecutorial screening process?
Police: arrest and charges are laid
The prosecutor wont automatically wont proceed with the case
A lot of defendants never brought to trial
Reason: crown prosecutors have a lot of discretion
hae irtually ufettered disretio as to he to harge he to harge
this leads to case attrition
Prosecutor Screening Process
prosecutor decides:
Most importance factor: sufficient evidence? To do so
Other potential factors prosecutors look for in screening process
find more resources at oneclass.com
find more resources at oneclass.com
Case prioritize
Record of accused
Nature of witness
Credibility of victims
Guiding Models
Transfer mode- little screening, charge most cases,
Key: you need resources to do this, money and personnel
Unit Model- significant amount of discretion-minimal organization guidance
Legal sufficiency model- screened by legal elements- sufficient legal grounds
• System Efficiency Model – Cases disposed of in quickest manner possible, only cases
with high likelihood of success prosecuted
• Trial Sufficiency Model – Only if conviction is likely will case go to court, resources
secondary
• Defendant Rehabilitation Model - Is it possible to rehabilitate the defendant?
What is plea bargaining?
any agreement by the accused to plead guilty in return for the promise in getting some form of
benefit
*improves the administrative efficiency of the courts
*lowers the cost of prosecution
*permits the prosecution to devote more time to more important cases
Types
Charge Bargaining-
reduction of charge
drop certain charges
promise not to proceed on other possible charges
Sentence bargaining
Proceed summarily vs. indictment
Promise not to appeal against sentence
Arrange sentence before particular judge
Fact Bargaining
Crown prosecutor-not to Volunteer certain information about accused
Not to mention circumstance of offense
Label Bargaining
Attempt by defense to avoid negative label by offering to plead guilty
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Ch 6 crmj- pretrial criminal procedur, the courts and criminal trial procedure. Other decisions at this stage: bail decisions, appointment of legal aid lawyers. The most important step for an accused person in the criminal process. Unless, though as only means to ensure appearance of accused in court. The prosecutor must justify greater degrees of restrictions on the accused. When debate takes place- usually relates to conditions of release not release itself. A government supported system that allows individuals who are earning below a certain amount to receive free legal services. Section 10(b) of the charter (cid:862)right to retai(cid:374) (cid:272)ou(cid:374)(cid:272)il (cid:449)ithout delay(cid:863) early days of criminal justice system: defense lawyers- free legal aid- pro bono. 1973: federal funding government funding result: increase in cost falls upon provincial budgets. Mixed or combined approach (combination of the above two) Client can make selection based on interest.
