This module provides an introductory survey of the criminal justice process. The primary goal is to develop a general understanding of the criminal justice system’s response to crime in society, with emphasis on the origins and purpose of criminal courts, key terminology, the role of the defence counsel and the key stages of a criminal case.
The criminal defence counsel will understand the ethical obligations to represent a client’s expressed interests and ensure that their rights are sufficiently protected and advanced throughout the life of the case.
The criminal defence counsel will gain an insight into representing vulnerable clients (which may include young, elderly, or patients suffering from mental illness).
The criminal defence counsel will understand key features of the vulnerable person’s development, how those concepts affect the client’s involvement at all stages of the adult criminal justice system (or in the case of youth, the juvenile courts) and how to use the appropriate arguments to advance the client’s interests and the legal strategies of a case.
Module 3: Dealing with Difference - *CHANGE OF VENUE. DETAILS TO FOLLOW
The criminal defence counsel will understand the importance of culturally competent lawyering and will discuss considerations in representing clients from different backgrounds than the lawyer and/or other institutional players in the criminal justice system.
The criminal defence counsel will learn to advance his client’s case and interests by way of letters of representation to the Prosecution. The criminal defence counsel will also learn to engage in Criminal Case Management System (CCMS) discussions with the Prosecution as a pre-trial discovery and plea-bargaining tool.
This module will be jointly presented by a senior Prosecutor and a defence counsel.
Module 5: Theory of the Case 1: Developing Case Theory DATE CHANGE
This module is the first of a 2-part module on how a case theory is developed and subsequently used at trial.
In this 1st module, the criminal defence counsel will learn how to develop a theory of the case that accounts for all of the admissible evidence and relevant law through a persuasive narrative that compels findings favourable to the client.
Module 6: Theory of the Case 2: Use of Case Theory during a Trial DATE CHANGE
This module is the second of a 2-part module where the criminal defence counsel will learn to use the theory of the case that he has developed, while at the same time, be aware that this theory may have to be adapted as the trial progresses.
The criminal defence counsel will understand the law and strategy of challenging the admissibility of a client’s statement. Understand the law governing the right to cross and learn strategies and techniques needed to develop an effective cross-examination consistent with the case theory.
Defence counsel will also learn strategy, technique and law required to develop an effective direct examination that advances the defence theory of the case. Defence counsel will also understand the law and practice of challenging a client’s competence to stand trial.
The criminal defence counsel will understand the law relating to guilty pleas, learn how and when to advise the client in deciding whether to enter a plea and ensure that the client makes only knowing, voluntary, and intelligent waiver of the right to trial.
The criminal defence counsel will understand the importance of investigation, strategy and the mechanics of impeaching prosecution witnesses to advance the defence theory of the case.
The criminal defence counsel will review the rules of evidence and understand the concepts of relevance, probative value, prejudicial effect and the basis on which to object to the admission of evidence.
The criminal defence counsel will consider the benefits of expert testimony in a criminal case, discuss strategy and technique for identifying, hiring, and preparing experts to testify, and will learn to challenge prosecution experts.
The criminal defence counsel will learn to maximise the interests of the client during this window – where exists the best opportunity to avoid being charged. Some lessons include:
Learning to protect and advocate on behalf of clients at pre-arrest and pre-interview phases of the criminal justice system.
Understanding the importance of zealous advocacy at the mention stage to ensure that bail is granted and will develop skills and strategies to advocate for alternatives to detention at every stage of the process.
Learning to interact effectively with key players in a proceeding to further the client’s stated interests and strategic goals in a case.
Understanding the critical role of investigation in representing an accused client and develop strategies for effective investigation in every case.
The criminal defence counsel will understand how to challenge a conviction when all appeals have been exhausted. The criminal defence counsel will understand and be able to provide clients with basic information on the possible immigration consequences associated with criminal charges as well as the possible immigration relief options to avoid deportation.
The criminal defence counsel will understand and be able to provide clients with basic information on the possible immigration consequences associated with criminal charges as well as the possible immigration relief options to avoid deportation.
Develop a broader understanding of the situations in criminal cases which might benefit from forensic expert support and revise some of the issues to be aware of when selecting and instructing a forensic expert.