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- Title : Court Trip Essay
- Efficiency and Effectiveness of
- our Criminal Court System
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- Subject : Law
- Course : BLW3A1
- Teacher :
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- Student Name :
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- Due Date :
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- Our court systems have, in recent years, been said to be
- inefficient, sometimes ineffective, and even backlogged to the
- point where cases have to be dismissed because of how long it
- takes for them to get to court. After my trip to court, these
- are my opinions and observations on the "Efficiency and
- Effectiveness of our Criminal Court System".
-
- The court procedures of provincial court are very systematic
- and are carried out very swiftly. It is much like a tennis
- match, the ball, or control in the court, is volleyed back and
- forth between the judge (and court clerk) and the lawyers. The
- court clerk arraigns the accused, the defence lawyer responses
- with how the accused pleas, if it is "not guilty", the court
- clerk asks how the Crown lawyer wishes to proceed and so forth.
- However, this is not so in the Ontario Supreme Court (Trial
- Division), though similar in methodical procedures, the court
- cases are longer and much more time is spent on each individual
- part of the case, from presenting the evidence to cross-
- examination of the witness, this is because of the amount of
- information involved.
-
- The general atmosphere and behaviour in the Provincial
- Courtrooms were general loose and calm. The people, lawyers,
- judge, clerk and recorder seem to know each other very well.
- They joked openly, even while the court was in session, the
- defence lawyer asked if he could persuade the judge into a
- lighter sentence after the judge had already made a decision in a
- very easy and friendly tone of voice, something seemly
- unprofessional that caused chuckles throughout the courtroom.
- Where in the Ontario Supreme Court the atmosphere was much more
- serious, professional, strict and at times high in tension.
- Our current bail system, in either monetary terms or
- personal recognizance, seemed pretty successful in Provincial
- Court, though not observed in the Ontario Supreme Court, all the
- people did show up for their trial, which included two people on
- bail for possession of marijuana cigarettes. As a final note, no
- bench warrant was every called for by the judge for people whom
- failed to attend their trial.
-
- The necessity of the duty council is for those who don't
- have a lawyer and is for their benefit that they discuss legal
- options that the accused might have before proceeding, however
- this part of the system is not very efficient as the court must
- adjourn for this and thus waste valuable time that could be
- otherwise used for processing other court cases.
-
- The Crown Attorney in provincial court was, on the whole,
- fairly well prepared, efficiently bring relevant facts to
- attention, friendly and well acquainted to the defence lawyers as
- well as the judge, and quick to get to the point that he was
- trying to prove. There was little time wasted, between the
- arraignment and the sentencing, on the part of the Crown
- Attorney. In Ontario Supreme Court, the Crown Attorney there
- seemed well prepared, efficient, and quick, however there seemed
- to be a lack of personal evolvement in the case, rather he seemed
- emotionless, just doing his job, not being familiar with the
- judge or other people in the court room. By the way he presented
- and dressed, he appeared far more strict and serious in conduct
- and appearance than his Provincial Court counterpart.
-
- Calling a remand can be helpful in that it allows witnesses,
- especially key witnesses, to be present at a later date when it
- is possible for them to attend the trial, as duty may call them
- to do otherwise. The disadvantages, however, are mostly on the
- accused's part, as s/he must remain in custody longer in order to
- be brought back to trial.
-
- The necessity for a lawyer for minor offences can sometimes
- outweigh the cost the accused must pay for them because the
- lawyer understands the law and how the system works, he might be
- able to point out some small discrepancies or may suggest what
- type and how much punishment is suitable for the accused's crime.
- The lawyer may also point out that if the person has a record,
- how old it really is, as records older than 5 years old that are
- not cleared are disregarded by the judge. They also help the
- cases progress faster as an accused legal options will be already
- made clear to him by his/her lawyer.
-
- Lawyers are absolutely necessary for major cases, as the
- accused may not understand his legal rights clearly or may not
- know how to defend himself correctly in the correct the manner
- during trial in court.
-
- Court judges in Provincial Court were generally looser than
- those in Ontario Supreme Court as that the one we saw in Supreme
- Court seemed more serious, lacked in emotional expressions, but
- also easily bored. However in Provincial Court, they were
- serious but there was room for humour and understanding of the
- accused's situation. Over all they looked like they enjoyed
- their jobs.
-
- All in all, the system we currently have cannot be any
- better as it is efficient as humanly possible without violating
- any individuals rights as in the Charter.
-
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