SOC209H5 Lecture Notes - Lecture 8: Psychopathy, 6 Years, Eyewitness Identification
Document Summary
Agenda: bail and remand, sentencing, victims, punishments, wrongful convictions, dangerous offenders. Judicial interim release (bail) and pretrial detention (remand) Presumption of release: show cause: demonstrate reason for detention o o. Crown has to prove that you should be put into detention before your trial date. Ladder effect: start with the least restrictive option -> most restrictive (i. e. remand) Factors that go into this decision making process: What your current charge(s) is any pervious failure to appear prior convictions/offences: detention: attendance, recidivism, no bail arrangements. It doesn"t work this way, remand is not effective: reverse onus, disregard for ladder effect, cjs-created offences. Administration of justice offences: breaching a condition, cjs imposes rules on you and if you violent any of them you get charged with this offence. Problem with bail/remand court puts conditions on accused which make sense only if they are related to the offence and the individual and are logical. Example of conditions: curfew, cannot consume substances, non-association order)
