SOC327 Chapter Notes - Chapter n/a: Canadian Judicial Council, Plea Bargain, Provincial And Territorial Courts In Canada
15 Apr 2016
School
Department
Course
Professor
Document Summary
Prime duty is not to gain a conviction but to enforce the law and maintain justice by presenting all relevant evidence in a given case. Responsible for charge screening, disclosure, bail hearings, plea negotiations, trials, proposing sentences, and initiating appeals. The burden of proof rests with the crown. Prime duty is to ensure the legal rights of the client are protected (concerned with both the process and the substance of the case) Also responsible for preparing the case and choosing a strategy for challenging the prosecution and helping the client understand the process and the consequences. Share many of the same responsibilities as crown prosecutors (i. e. , gathering and assessing evidence, bail hearings, plea negotiations, trial and appeal processes) Has an obligation to never mislead the court. Prime duty is to uphold the rights of the accused and ensure the rules of court are adhered to. The constitution clearly outlines the importance of judicial independence (from government and political parties)
