The Role Of A Provincial Court Judge, Sitting In The

706 words - 3 pages

The role of a Provincial Court Judge, sitting in the Criminal Division is a somewhat complicated affair. There are many variables deciding where, how, and using which legal principles these cases are heard and tried.When sitting in a Provincial Court, the presiding Judge is the trier-of-law. There can be no jury present in a Provincial Court, therefore the Judge is also the trier-of-fact. A Provincial Court Judge has exclusive jurisdiction on Summary Conviction Offenses, as well as Class B Indictable Offenses. The Judge can hear Class A Indictable Offenses, but not try them. The Judge, can also try Class C Indictable Offenses, dependant how the accused wishes their case is tried. The role of the Judge is to try all of the cases they have jurisdiction over. But what do all of these terms mean? Let's start at the top. Summary Conviction Offenses are the least serious crimes. The punishments they carry cannot exceed 6 months imprisonment with a $2000 fine. An example of a Summary Conviction Offense would be Mischief. Someone accused of a Summary Conviction Offense will come to court, and be tried in the Criminal Division of, in this case, the Provincial Court of B.C. They are tried by a Judge, who acts as the trier-of-law, and the trier-of-fact. The Judge must interpret the facts, and decide using the law if the accused committed the crime beyond a reasonable doubt. If so, then the accused is sentenced in accordance with the crime they have committed. What if their crime was more heinous than a petty mischief? Indictable Offenses represent the most reprehensible crimes known to society. They are divided into 3 classes, which are not formal, but give a good idea how everything is organized. Class A includes the most horrible of crimes, such as murder. Class B includes the least serious of this type of offense, like theft under a value of $5000. They are more serious than Summary Conviction Offenses, but are less serious than the rest of the Indictable Offenses. Class C...

Find Another Essay On The role of a Provincial Court Judge, sitting in the

Never judge a man by the cover of his wallet

1037 words - 5 pages 1. Many parents could tell you that while a dirty diaper may initiate a midlife crisis, it is one of the least likely precursors to an ethical dilema. I would have agreed a month ago, before the night my 2 year old unleashed a new chemical weapon and the babywipes went AWOL. I woke my husband up, ran to the store down the road, bought some wipes, and on my way home I fell head first in front of a car. Luckily, the driver was watching for

The Role of the Supreme Court, Government, Economics, and Protests in the Civil Rights Movement

1638 words - 7 pages There were four different elements that contributed to the success of the Civil Rights Movement: the Supreme Court, the Government, the economic situation of the time, and the protests of the movement. The role, which the Supreme Court's played in the success of the civil rights movement, was essentially one of neutrality. The Supreme Court ordered the segregation of schools and other public facilities, known as the policy of separate but equal

The Role of the Supreme Court in the Civil Rights Movement

1933 words - 8 pages Rights. The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual

Dont Judge a Book by the Cover

593 words - 2 pages clothing and what they eat is wrong. The person one may think is a bum may be the best worker around, with the most character. Without getting to know a person’s character, one should not be able to judge.      Behavior is also important in passing judgment on an individual. Wearing nice clothes and eating fancy food means nothing if the person behaves like a child. A person wearing dirty clothes and eating out of the

(5 min. speech)Explain the role of the Family Court of Australia in dealing with issues that arise within families. Make reference to a case/s.

1008 words - 4 pages deal with initial breaches of parenting orders, but it does refer these to the counsellor division of the Family Court so that the dispute can be dealt with. If there are continued breaches of an order the parent can be held in contempt and this could result in fines, restitution or imprisonment.While the Family Court does have a role in child protection, it is restricted in that the Court essentially deals with private disputes only. It is the

Role of the United States Supreme Court in obtaining equality for Blacks during Reconstruction

1595 words - 6 pages The role played by the United States' Supreme Court in obtaining equality for Black Americans was one of immense stature. The Supreme Court is the court that can only consider federal questions, or anything to do with federal law. Since obtaining equality for Blacks was such a trivial process and the legislation that was involved was open to much interpretation, much responsibility rested with the Supreme Court from 1896 to 1996 in determining

A Hoax in Court: The Trial of Socrates

1726 words - 7 pages according to the rules of law or equity.” Meletus brought an elder man to court for corrupting the youth and for refusing to believe in the gods of the city. 501 Athenian male residents observed as the jury to magistrate and center their decisions off Meletus’s accusations and Socrates’ defense to pronounce Socrates as guilty. Who is to declare that a trial has gone through the correct procedure to fully come to a judgment of guilty or innocent

Beccaria, Lombroso, and Durkheim are sitting together having a conversation about the problem of crime.

2165 words - 9 pages made in a court of law. The question I ask is, what makes it right when a judge has the empowerment to inflict a punishment on a member of society while there is still doubt of innocence or guilt? There should not be the right that has been given to judges, but there should be a legislation, that provides guidelines on punishment. A punishment to be just it should consist of only such gradations on intensity as suffice to deter men from committing

"The Dangers Of Drugs And the Law and Their Importance" this was court ordered so its pollished up for the judge.

885 words - 4 pages Over the experiences I have gone through, I had come across many new things including the likes of drugs. During the past I was like in a point in my life where I just didn't care and where I hated myself to the point where whatever happened I wouldn't see the consequences, I guess I blocked it all out. A lot of bad things had happened to me because of drugs; they just brought me down so low to the point of nothing. So through it all, a

The Dark Side of Judge Pyncheon in Nathaniel Hawthorne’s Novel, The House of the Seven Gables

549 words - 2 pages The Dark Side of Judge Pyncheon in Nathaniel Hawthorne’s Novel, The House of the Seven Gables People in society live in a masquerade. Everyone wears a decoratively adorned mask that displays beauty, purity, and service. However, behind the mask lies on the inside of all society. One will stop at nothing in order to be well liked, thus becoming hypocrites. In Nathaniel Hawthorne’s novel, The House of the Seven Gables, the narrator uses intense

Sitting Bull and the Paradox of Lakota Nationhood

2741 words - 11 pages Dakota. As a young boy Sitting Bull was already showing promise as a leader. Traditionally, his uncles, Four Horns, and Looks-For-Him-In-A-Tent raised Sitting Bull. They were the most important role models in Sitting Bull's life. They taught him the arts of hunting and warfare. Sitting Bulls uncles were major Hunkpapa chiefs and assured Sitting Bull of being seriously considered as a potential leader of his people. They gave him status and

Similar Essays

A Teacher Role Of Anna Leonowens In The Siamese Court

686 words - 3 pages . For foreigners, Anna Leonowens’ story about mysterious oriental was very interesting. On the other hand, Thai people thought that she was a liar. Her teacher role for the royal children in the Siamese court was ignored, even it should be remembered. It could not claim that she was the most important teacher, but she did something good for this country. The bias should not cover up the positive side of her teacher role in Siamese court.

The Role And Proceedings In A Court

2366 words - 9 pages that appear in crown are acquitted or convicted through jury trials. An observation by Cownie, Bradney and Burton (p.317) is that most of the defendants in the crown court end up pleading guilty and the judge plays a critical role in the acquittal of those defendants who enter a not guilty plea. According to Gray, 2004, p.16, offenses tried in a crown court can be categorized into four classes namely, Class 1(murder, treason, e.t.c), class 2

What Does The 'trial Of Verres' Reveal About Provincial Malpractice And Corruption In The Roman Courts.

1209 words - 5 pages Cicero's opening speech in the 'Trial of Verres' is focused on the failings of Gaius Verres as he rose up in the Roman political system to the level of governor, and his subsequent attempts to corrupt the court system in order to be acquitted and avoid a legitimate trial. Cicero doesn't attempt to portray Verres' situation as unique, and states that these acts of corruption and provincial malpractice are rampant throughout the Roman political

The Relationship Between Slavery And Freedom In Provincial Chesapeake

1256 words - 5 pages The Relationship between Slavery and Freedom in Provincial Chesapeake Edmund S. Morgan has presented an interesting question regarding the question of the colonists' treatment of slavery as a special circumstance, one that is separate from freedom. The promotion of freedom by the Virginia settlers to their own kind, but not to those whose skin was a darker shade, exhibits the tough judgment calls that had to be made to help the colony