“Fulfilling the role of a Crown Attorney was extremely enjoyable. I was magically transformed from powerless student to a man who made incredibly important decisions, appeared on a daily basis in court and, best of all, worked with and directed police officers many years my senior. Unlike today’s Crown prosecutors who are closely monitored by upward reporting and political pressure, my decisions were my own. I only spoke to senior prosecutors when I needed advice. There was no decision by committee. Politics and media had very little influence. Life was wonderful. The only disappointment was my social life, most particularly in bars. I thought if word got out that I was a Crown Attorney, it would have a very positive social effect but much to my surprise, Crown Attorneys ranked slightly above used-car salesmen and far below drug dealers.” Hersh Wolch “Tough Crimes”
THE QUESTION ALWAYS ASKED
“People always ask criminal lawyers if they can defend someone who they think is guilty. That is the easy job. Any lawyer will tell you that it is the innocent who are the toughest to defend.” Marie Henein “Tough Crimes”
USE OF RESTRAINTS IN THE COURTROOM
We live in a court culture where the tail wags the dog. The Judge controls the courtroom, not the police. Thank goodness for Judges like Justice Schreck who recognize and correct this. Now let’s see if the police respect judicial authority or not. ” The practice in this jurisdiction of keeping all in-custody accused in handcuffs unless and until an order is made to remove them is, in my view, contrary to law and should be discontinued.”
TWO SIDES TO EVERY STORY AND SUSPENSION OF JUDGMENT
“I think one of the great gifts that the study of law provides is that one is trained to suspend judgment. We start with a wicked cynicism but learn to put off taking a decided view. Things are never what they seem at first.” Marie Henein “Tough Crimes” This is the very trait that often sets us apart and which people have difficulty in understanding about lawyers.
THE CONTINUING CONSOLIDATION OF POWER INTO ONE
“Guess who’s left with the responsibility of issuing an exceptional release. The courts? Special psychiatric or medical advisors? Law enforcement experts? Parole gurus? The federal cabinet, that’s who. Steve and the same bunch of people who now decide whether pipelines get built — and just about everything else.”
THE CHALLENGE OF CROSS-EXAMINATION
“Trials are complex exercises often involving unforeseen developments. The essence of a trial is the re-creation of past human events through the mechanism of human memory delivered by sworn witnesses. Human memory is notoriously fallible and it is, in part, because of this that we utilize the test of cross-examination to ferret-out the truth. With all trials, the lawyer’s challenge is an exercise “in controlling the contingencies of litigation,” to quote the words of the venerated scholar, Professor John Wigmore. In other words, no matter how in-depth our preparation was, we knew that unanticipated matters would arise as the trial progressed.” Richard Peck “Tough Crimes”
A MODEL FOR IDENTIFICATION LINE-UPS
THE DAILY LIFE OF A CRIMINAL LAWYER
“Criminal docket court in Miramichi is likely a mirror image of many others across this country. The courtroom is always filled with people accused of everything from shoplifting to very serious assaults and sometimes homicide. A battery of lawyers is always present with their clients and the scene is generally one of disorganized confusion to the uninitiated, but completely comprehensible to those who ply their trade in the trenches in this and other Provincial Courts across Canada.” Fred Ferguson “Tough Crimes”
FIND A GUY IN BED WITH YOUR GIRL?
That doesn’t mean you can assault him but if you do, the court will lend some understanding of the circumstances.
Sentence takes into account finding ex in bed with another guy.
WHAT IT’S REALLY LIKE
“Tough Crimes demonstrates that Crown prosecutors and criminal defence lawyers do not escape unscathed from serious trials. The disturbing memories remain.” Honourable John C. Major, C.C., Q.C. Retired Justice of the Supreme Court of Canada. For anyone truly interested in justice and our criminal justice system, I highly recommend reading “Touch Crimes: True Cases by Top Canadian Criminal Lawyers” to find out what it’s really like.