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Roles and responsibilities of a judge
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On January 25, 2018, I traveled to the Provincial Court of British Columbia in Victoria. I personally observed one case of Criminal Remand as well as multiple cases in Family Court. I learned a lot as this was my, first impression and experience within any criminal Canadian courthouse. I learned so much information that was provided by Regional Coordinator, Tanya Driechel and a lawyer from the courthouse. They were full of information about the significant cases to them, levels of court, but also courthouse etiquette. For the most part, the most information they did mention was basic, but still a great refreshing with some newly added stuff. I understood to be silent, dress appropriately and to turn off cell phones prior to arriving, but I …show more content…
They were so calm, professional, and somewhat quiet, which I was not expecting since I've only ever seen or heard of lawyers on television or from news reports. The crown was wanting a slightly higher sentence, but his defense was trying to lower it. There was no avoiding punishment, just lowering it and both parties understood that. The judge mentioned there was a strong emotional victim-impact statement from this abused woman, which was confusing since after he was in criminal remand messaged him first. I guess there still is a love connection for her to contact him. I also found it surprising that the man's own mother did not show up, making this man alone in court with no family members. Maybe the mother purposely missed court or didn't want to see her son. Regardless, it showed to me or suggested that his home life or upbringing might have been difficult since the social connection wasn't strong enough for a loved one to show up and support …show more content…
The woman was wanting her ex-husband to pay child support to both their biological kid and 16-year-old step child who was from one of her previous relationships. The man was just wanting to pay for their biological son since he does not have contact with the step-child and it is not his biological kid. Personally, I have not experienced divorce or understood what happens when divorced couples go to court. I did not think that divorced couples would stand side by side with their lawyers nor talk directly with the judge. I thought everything had to to go through their lawyers before talking with the judge. It was weird seeing the anger and tension between the couple in public over their dispute. Just from their voices, it was interesting. In the end, the judge agreed with the man and allowed him to stop paying for the step-child. The judge also told the woman to find the biological father for continued child-support payments for her older child. I thought that was very reasonable and logical, but the woman was angry. Once again it shows how much power a judge in court can have on
The case was unfair in my opinion because, the state assumed Peterson murdered Kathleen after his fourth wife disappeared. In the initial autopsy of Kathleen, it was found that there was no murder and Kathleen death was accidental drowning. Furthermore, Kathleen was exhumed after three years of her death which also contends the states were only basing their hunch’s off the disappearance of Stacy. To add to the unfairness of the trial, when The defendant's motion asked the court to clarify whether it ruled under the common law doctrine when the courts ruled that some of the hearsay could be admissible, during a hearing held the same day, the court stated, “I didn't even get to that. There was no request as to any of the others. I ruled strictly pursuant there was a hearing pursuant to the statute.” This entire statement from the court shows the motion to consider was not affectively
Procedural History The Supreme Court, Appellate, second division modified the the judgment and ordered that the custody of the youngest child remain with the mother. Husband appealed. The Court of Appeals, Jasen,J; held that after the custody of the two older children had been awarded to the husband, it was appropriate for special term to award of the youngest child to the husband in the light of the younger child’s ambivalence as to which of her parents she would prefer to live with and her strong preference to live with two older
...arately from the length of the delay, the prejudice towards the accused can be inferred from the length of the delay as established in R. v. Morin. Examining the Morin guidelines made the decision and since the guidelines set out an 8 to 10 month institutional delay and in this case the court deemed that the Crown was responsible for 23 months of delay. The court failed to justify the reason for the 23-month delay and since it exceeded the Morin guidelines the court concluded that the delay was unreasonable and the accused’s right under Section 11(b) of the Charter has been violated and the trial within a reasonable time was infringed and negated.
The purpose of this report is to provide the courts and judges in the matter of Martin A. case an overview and critical analysis of his case through the evaluation process of Youth Court Action Planning Plan (YCAPP). Before discussing Martin A., it is a good idea to understand the roles and functions of the YCAPP. Over the course of history, the Canadian legal system has always struggled with successfully dealing with youth offenders until the introduction of youth criminal justice act in 2003. Youth criminal justice act has reduced the number of cases, charges, and convictions against the youth hence resulting in a much more efficient way to deal with youth crime across the country (Department of justice, 2017). A vital component
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...
Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing.
Cole, D. P. (2008). A Day in the Life of a Judge. In Criminal Justice in Canada: a Reader (3rd ed., pp. 59-75). Toronto: Thomson Nelson.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
The case goes back and forth between civil rights lawyers and the Trump Administration. After a long battle, the appeals court made
She explained that his involvement in the crime was not excessive and that it was his brother who was the leader. She went on to describe his eight previous arrests for crimes like robbery and cocaine possession. Given his long history she said she was not surprised to see him involved in this kind of case. Because of his other charges I thought the prosecutor was going to suggest the higher end of the sentencing guidelines. However, as she continued I realized I was incorrect. Instead of focusing on his previous crimes she talked about how he needed rehabilitation. She emphasized recovery from his current lifestyle more than sending him to prison again. She brought up his involvement in his church and his successful marriage and questioned why he would throw all of that away. She also suggested that he turn to his church and his wife for support and to aid him in his battle with addiction. Throughout the case, the prosecutor was compassionate and seemed more like a disappointed parent to the defendant rather than angry. The one time the prosecutor did act somewhat harsh was towards the middle of her statement. She brought up the fact that the defendant had previous medical conditions such as a stab and shot wounds. She suggested that the defense had asked for these injuries to be taken into account when the sentence was decided on. She was adamant that the court should not take