NCJ Number
86750
Date Published
1981
Length
19 pages
Annotation
In Canada, the police have the function of obtaining evidence according to law showing that an accused has committed a specific crime, while the courts must judge if that evidence is sufficient for a conviction and, if so, what the sentence should be.
Abstract
Frequently, the police are critical of the courts because they do not produce the convictions or the sentences the police believe are warranted. While the courts do err, and appeals offer the opportunity to correct court errors, the fundamental task of the courts in subjecting all evidence related to a charge to careful scrutiny to determine if it proves the guilt of the defendant beyond a reasonable doubt must be respected. The police must be acquainted with the rules of evidence as well as the amount and kinds of evidence generally required to establish guilt. Further, the police must appreciate that the courts do not exist to be a 'rubber stamp' for police work. The courts do respect the police for professional investigations that yield the kind of evidence upon which the court can base a clear finding of guilt, but the court also has the responsibility of exposing shoddy investigations and insufficient and questionable evidence. Police must not only appreciate the court's task of carefully assessing evidence but must also accept that pretrial plea bargaining between prosecution and defense attorneys is a valid aspect of case processing. Police should also appreciate that a defendant is presumed innocent until proven guilty, such that pretrial release on bail or other conditions is likely. Five notes and five suggestions for further reading are provided.