CC 102- (6) Role of the Defence Counsel

Criminal Defence Lawyers represent people who find themselves accused of crimes

Criminal Defence lawyers job begins:

Release of the Client on [blank_start]Bail[blank_end]: -task of criminal defence lawyers is to attempt to [blank_start]persuade[blank_end] the police to allow the client-detainee to be released on bail -Criminal Code requires person who has not been arrested be brought before a justice of the peace within a day or 2 for a bail hearing -bail issue is most important in criminal process -long delays can result in [blank_start]guilty pleas[blank_end] so they don't have to wait in remand facility

in reference to a bail hearing a Surety is:

Defence lawyers must also function as social workers, counsellors by helping to arrange for their client's treatment, secure employment or re- enrolment in school

Criminal Defences can be divided into 2 categories: 1. [blank_start]Factual[blank_end] Defences 2. [blank_start]Legal[blank_end] Defences [blank_start]Factual[blank_end] defences: involves a challenge to the evidence that the police has gathered in the course of the investigation that resulted in the charge(s) against the client e.g. witness is lying / mistaken [blank_start]Legal[blank_end] Defences: considers whether or not what the person is accused of doing should be considered "criminal" e.g. there may be no dispute my client shot her husband, but it may have been self-defence (legally justified)

When trying to determine what defence a client has to a criminal charge, they need to gather information relevant to the case:

At this point: the defence lawyer presents the client with 2 options: 1. plead [blank_start]guilty[blank_end] in the hope of obtaining a more lenient sentence from the court 2. or schedule a date for a [blank_start]trial[blank_end], at which point the client can plead not guilty & contest the prosecutors case *most clients opt to have their lawyer negotiate a [blank_start]plea bargain[blank_end]

The term Plea Bargain means in exchange for giving up the right to a full trial, the accused receives the prosecutors recommendation for a more lenient sentence than would normally be sought in a trial sentencing

Criminal defence lawyer does this when representing a client at a trial:

Next element includes the characters- who are the people involved? must do a cross-examination of the witness

A criminal defence lawyer must maintain the jury's interest in the case;

[blank_start]Constitutional[blank_end] Issues: sometimes a trial focuses on law itself *famous Canadian Example- trial of Dr. Henry Morgentaler (anti-abortion laws violated section 7 of the charter of rights & freedoms) -his defence focused on the constitutional validity of the law itself- argued that it did not matter whether or not his client had done what the prosecutor was alleging because if he had, the Charter prohibited the Government of Canada from making it a crime to do those things

Defending people who may be guilty: