Ch. 7 Bringing the Accused to Trial Part 4: Enter the Lawyers
Accused After Arrest Fingerprints and photograph for indictable offences. Being in a lineup is their choice. When released, signs “promise to appear” Maybe also sign a “recognizance” -> fine if they don’t appear Maybe a “surety”, someone who agrees to pay if the accused doesn’t appear If not released, must have a bail hearing within 24h Bail is a temporary release, posting $ to make sure they appear in court (to get it back)
Denied Bail? Must be a good reason (charter section 11e) “Show-cause hearing” tries to convince judge why there should be no bail Ex. flight risk, risk to public safety If a serious crime (ex. murder, trafficking narcotics) the accused has a “reverse onus” to prove why they should get bail. This is a reverse of the normal burden of proof (innocent until proven guilty) Bail denied -> can request a writ of “habeas corpus” Historical right to appeal denial to a higher court.
Case Study Text p. 200-201 What are the arguments for and against granting Mapara’s bail? If you’re the judge what’s your decision?
The Path to a Trial. What’s the order? Plea (guilty or not). 9/10 plead guilty -> sentenced immediately or remanded for a few days until sentenced. Disclosure Both lawyers meet and reveal all evidence. Charges may be dropped, or proper defense planned. Lawyer prepares case, gathers evidence Accused meets with lawyer or legal aid and discloses everything Trial date set Plea Bargaining Optional. A guilty plea to a lesser charge saves time/money/jury selection Preliminary Hearing For serious crimes. Judge decides if enough evidence to proceed to Supreme Court, or drop charges.
The Path to a Trial. What’s the order? Plea (guilty or not). 9/10 plead guilty -> sentenced immediately or remanded for a few days until sentenced. Disclosure Both lawyers meet and reveal all evidence. Charges may be dropped, or proper defense planned. Lawyer prepares case, gathers evidence 1 Trial date set Plea Bargaining Optional. A guilty plea to a lesser charge saves time/money/jury selection Preliminary Hearing For serious crimes. Judge decides if enough evidence to proceed to Supreme Court, or drop charges.
The Path to a Trial. What’s the order? Plea (guilty or not). 9/10 plead guilty -> sentenced immediately or remanded for a few days until sentenced. Disclosure Both lawyers meet and reveal all evidence. Charges may be dropped, or proper defense planned. 2 1 Trial date set Plea Bargaining Optional. A guilty plea to a lesser charge saves time/money/jury selection Preliminary Hearing For serious crimes. Judge decides if enough evidence to proceed to Supreme Court, or drop charges.
The Path to a Trial. What’s the order? Plea (guilty or not). 9/10 plead guilty -> sentenced immediately or remanded for a few days until sentenced. 3 2 1 Trial date set Plea Bargaining Optional. A guilty plea to a lesser charge saves time/money/jury selection Preliminary Hearing For serious crimes. Judge decides if enough evidence to proceed to Supreme Court, or drop charges.
The Path to a Trial. What’s the order? Plea (guilty or not). 9/10 plead guilty -> sentenced immediately or remanded for a few days until sentenced. 3 2 1 Trial date set 4 Preliminary Hearing For serious crimes. Judge decides if enough evidence to proceed to Supreme Court, or drop charges.
The Path to a Trial. What’s the order? 5 3 2 1 Trial date set 4 Preliminary Hearing For serious crimes. Judge decides if enough evidence to proceed to Supreme Court, or drop charges.
The Path to a Trial. What’s the order? 5 3 2 1 Trial date set 4 6
Case Study P. 207 R. v. Olubowale [2001] 1. When is a preliminary hearing held? 2. Was Olubowale’s actions reckless? 3. What will happen if the appeal is denied? Is upheld? 4. What would be your decision?
Debate topics Everyone in Canada should be photographed, fingerprinted, DNA and blood tested to help solve future crimes. Plea negotiations are compromising justice. By focusing on saving money and keeping the backed- up courts from being overwhelmed, we are letting criminals get by without the full penalty they deserve.
Case Study P. 204 R. v. Feeney [2001] Answer questions 1-4, and what would you decide if you were on that jury?