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Nov.10th class note (with spelling/grammar revision :) )

1. Assignment: Summarize a famous court case. 1 paragraph. 1 source. Due: Nov.15th 
2. We will begin working Mock Trial next week. We need 1 accused, 1 judge, 3 defense lawyers, 3 Crown lawyers, 1 clerk/sheriff, 3 defense witnesses, 3 prosecution witnesses, and a jury. It is a murder trial. (Re: DON VON CHOVI stands charged:
That, in this city and country, in this province, on or about the 15th day of August, 2016, Don Von Chovi did unlawfully commit murder in the second degree on the person of Sean Penney contrary to the provisions of s.235(1) of the Criminal Code of Canada.)

3. Half way point of the course general law notes:

-“Law teaches you to think.”

-There are different types of lawyers: defense, prosecution, corporate, criminal, family law, RCMP, military (etc).

-lawyers help people

-lawyers can be their own boss

-To be a lawyer you need:

                -law school (3 years)

                -undergrad (4 years) or Masters (5-6 years)

                -be “called to the Bar”

                -you have to be able to read thousands of pages

                -Good grades (A’s)

-Youth don’t get the same type of criminal record as adults, however, their record stays on file for courts, Police, & border patrols.

-With a law degree, you can also be a teacher, Prof., in-house council (eg. working in a government office giving legal interpretation), or politician.

-Night Court is a thing 

-If you are a defense lawyer, sometimes, you have to defend someone who is guilty. They may plead guilty or choose not to tell you that they are guilty.

-Most lawyers and judges in Ontario believe that Ontario has the best legal system in the world.
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-Crown disclosure (The Prosecution has to tell the Defense what evidence they have before the trial.
-Family Law: Most common is divorce. Some people aren’t rational, some will spend $10,000 to save $1,500 ( adultery is never used as a defense because it is irrelevant to the court; failure to pay child support is not a valid reason to deny "access") (Custody: "shared" "joint" "Full" "No mention") 

-Almost all cases involve mental health issues. 

-GMAIL e-mails are never really deleted, they are all kept by Google for at least 7 years and can be used in a court if a lawyer asks.

-Crime rates are related to the state of the economy

-Good Law film: “From the Hip” and "A Few Good Men" which we will be watching shortly 

-Slander= spoken

-Liable= written

Judge checklist (role of judge in real life and mock trial (lawyers on both sides need to know this to anticipate objections):

  1. Order/Contempt/Recess/allowing exhibits/summary & verdict/sentence
  2. “You’ve already asked that question.”
  3. “The witness will answer the question.”
  4. “The witness does not have to answer the question.”
  5. Sustained/Overruled:

Objection: Irrelevant (most common)

(Is the evidence relevant because it tends to show [fact of consequence].

Objection: Prejudice

(The danger asserted does not substantially outweigh the probative value of the evidence).

Objection: Impermissible Propensity Evidence. (almost never happens in real life)

Objection: Lack of Personal Knowledge

Objection: Speculation

Objection: Hearsay

(Can’t be verified in any way/The statement is not offered for the truth of the matter asserted, but for another purpose. (And a lot of others!)

Objections: Improper Characterization

(Argue that this is your witness' opinion based on observations, not a real characterization.)

Objection: Leading Question (Allowed in cross examination only)

Objections: Facts not in Evidence

***

-Municipal police have specialized units (eg. "guns and gangs") 

-Sketch artists: composite sketch is not evidence

                -it is a tool

-RCMP provide “secret service” for PMO

-Why do ppl break the law? 1. Drugs/alcohol 2. Poor decisions 3. Mental health problems 4. Rare= psychopaths/sociopaths

-To be a Police Officer -> attend info session/test/application/ploy-graph test/ college or university/fit. You can major in criminology but it is not necessary/ be weary, be wise in social media!

-Canada doesn’t negotiate with terrorists.

***
Judges:

-Strict interview process for becoming a judge

-A judge:

                1. Sentences (most important/most difficult) (types: reformatory v. penitentiary  (#) v. restitution ($)

                2. Keeps order in the court

                3. Warrants (but usually the Justice of the Peace) (Judge can only say “Yes” or “No” to a Police warrant request (i.e., no asking questions in chambers)

                4. Preliminary trials

                5. Decides what evidence is admissible

-A judge has a report given to them before a trial but it only has the lawyers’ names, charge, grounds for charges. The report is given 24 hours in advance.

-A judge can’t pre-judge a person, therefore, they are not to know if the person has a criminal record.

-Every piece of evidence is subject to rules of evidence.

-typically, there is an 13 month wait for a trial (“there are a lot of ‘junk’ trials.”)

-public perception that system is lenient but this is because of “plea bargains.” These actually rarely lessen a sentence.

-“Beyond a reasonable doubt”= determining guilty or not guilty is easy. If you are not convinced, that’s a reasonable doubt.

-A judge doesn’t judge people’s morals. Sometimes, they must acquit someone who is guilty. If Crown doesn’t have evidence the case must be dismissed.

-Most common crime is assault. Usually committed by males. A lot more women being charged with domestic assault nowadays (usually alcohol-related). Mandatory anger mangement classes run 7 days a week. 

-A Judge can sentence 6-12 months of probation/treatment and wait and see if the person needs to be dismissed on the basis of “time-served” or to be put in prison (eg. if they “use” in rehab (young people almost never succeed at treatment sentences)).

-Judges know from their training that prolonged marijuana use can lead to mental health disorders.