CRI210H1 Chapter Notes - Chapter 9: Amicus Curiae, Public Trial, Due Process
Document Summary
Factors when considering whether legal counsel necessary for fair trial r v white. Characteristics of accused financial situation, language, skills, education. 1) rising # of legally unrepresented accused considerable pressure on other court actors to assist accused. Ex. prosecutor obligated to inform accused of right of disclosure, assist in determining how disclosure proceeds. Great burden on & increased workloads for court. 2) self representing accused slows down court process judges have to intervene w/in reasonable limits to help accused. Ensure accused conduct defence properly proper & effective. Appoint amicus curiae friend of the court. Self represent for ill advised reasons worse consequences when sentence determined. Ensure justice achieved through criminal trials that are fair protect individual citizens from unfair advantages held by state. Best way to attain fairness adjudication. 1) neutral & impartial judge makes decisions. 2) prosecution & defence have equal change to present relevant evidence. 3) highly structured set of procedures must be followed.