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The Court System Essay, Research Paper
Our court systems have, in recent years, been said to be inefficient, sometimes ineffective, and even
to the point where cases have to be dismissed because of how long it takes for them to get to court.
trip to court, these are my opinions and observations on the “Efficiency and Effectiveness of our
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
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
However, this is not so in the Ontario Supreme Court (Trial Division), though similar in methodical
the court cases are longer and much more time is spent on each individual part of the case, from
evidence to cross- examination of the witness, this is because of the amount of information involved.
atmosphere and behaviour in the Provincial Courtrooms were general loose and calm. The people,
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
already made a decision in a very easy and friendly tone of voice, something seemly unprofessional
chuckles throughout the courtroom. Where in the Ontario Supreme Court the atmosphere was much
serious, professional, strict and at times high in tension. Our current bail system, in either monetary
personal recognizance, seemed pretty successful in Provincial Court, though not observed in the
Supreme Court, all the people did show up for their trial, which included two people on bail for
marijuana cigarettes. As a final note, no bench warrant was every called for by the judge for people
to attend their trial. The necessity of the duty council is for those who don’t have a lawyer and is for
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
efficiently bring relevant facts to attention, friendly and well acquainted to the defence lawyers as well
judge, and quick to get to the point that he was trying to prove. There was little time wasted,
arraignment and the sentencing, on the part of the Crown Attorney. In Ontario Supreme Court, the
Attorney there seemed well prepared, efficient, and quick, however there seemed to be a lack of
evolvement in the case, rather he seemed emotionless, just doing his job, not being familiar with the
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
can sometimes outweigh the cost the accused must pay for them because the lawyer understands the
how the system works, he might be able to point out some small discrepancies or may suggest what
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
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
clearly or may not know how to defend himself correctly in the correct the manner during trial in
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.
Provincial Court, they were serious but there was room for humour and understanding of the
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
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