Introduction
In recent years, the topic of legal system reform in Canada has arisen as a significant and fiercely fought issue, with many people admitting the need for fundamental societal adjustments to realize a more equitable and just society. There are a number of reasons behind this, including the fact that many people have become aware of the necessity for such shifts. Mervyn Green thinks prosecutorial discretion and “Crown culture” are equally important factors contributing to erroneous convictions and other forms of injustice. One of the primary areas of concentration should be on these components rather than the police.
Green suggests the focus should be on the Crown culture and prosecutorial discretion. In this essay, we will analyze the reasons and solutions suggested by Green, evaluate how effective they are in fixing issues such as erroneous convictions and overrepresentation in the justice system, and compare them with the solutions recommended by Kent Roach. In addition, we will discuss the significance of introducing systemic change to bring about improvements that can be maintained in the long term.
What exactly is meant by “Crown culture”?
Mervyn Green’s “Crown culture” concept highlights the importance of examining the broader institutional and cultural factors contributing to injustices in the criminal justice system. Prosecutorial discretion plays a critical role in determining the outcomes of criminal trials, and prosecutors are often driven by incentives to win cases rather than to pursue justice (Currie, 2021). This can lead to a number of problematic practices, such as overreliance on certain types of evidence and a reluctance to consider exculpatory evidence. Moreover, the culture of the Crown can contribute to several unethical practices that further undermine the legitimacy of the legal system. For example, witness tampering and plea bargaining can lead to coerced confessions and wrongful convictions. This is particularly problematic given that criminal convictions have the potential to inflict immense harm on innocent individuals and their families.
These problems can be effectively addressed by implementing Green’s reform ideas, such as establishing independent prosecutorial monitoring committees and increasing financing for defense attorneys. These reforms have the potential to help shift the focus of the judicial system away from convictions and toward the pursuit of justice (Currie, 2021). This can be accomplished by promoting greater transparency and accountability. In addition, it is essential to alter the culture of the Crown since doing so recognizes the need for fundamental systemic change to address the inequities that exist within the criminal justice system rather than merely focusing on eliminating a select number of “bad apples.”
Comparison between Green and Kent Roach
There are some similarities between Green’s and Roach’s proposals, even though their respective focuses are different. Both parties agree that there should be a greater emphasis placed on the employment of alternate methods of conflict resolution, such as restorative justice programs, to alleviate the pressure put on prosecutors to secure convictions at any cost (Currie, 2021). Both authors advocate for an increase in financing for defense attorneys, which would allow defendants access to the highest possible level of representation and lower the risk that they would be wrongfully convicted.
However, there are also significant divergences among the solutions that they propose. Roach proposes that there be a shift away from the adversarial style of conducting trials and towards a more inquisitorial kind, in which judges play a more active role in probing the facts of a case. Green, on the other hand, suggests the development of independent prosecutorial oversight bodies to ensure that prosecutors are held accountable for their activities and to serve as a check on the authority of the Crown. These bodies would ensure that prosecutors are held responsible for their actions.
Their emphasis on racial and other aspects of unjust convictions is a further point of differentiation between them. Roach is in favor of a more holistic approach to reforming the criminal justice system, which would involve tackling issues of social and economic inequality. He recognizes the part that systematic discrimination can play in the design and supports this approach (Roach, 2021). On the other hand, Green does not focus explicitly on issues of racism and discrimination. Still, his recommendations for change could help solve these concerns by lessening the pressure on prosecutors to seek convictions at any cost and ensuring that defendants receive a fair trial. In other words, Green does not address race and discrimination issues directly.
Both Green and Roach offer potentially valuable insights into the issues plaguing the Canadian judicial system and suggestions for how those issues can be addressed through change (Roach, 2021). In spite of the fact that their proposed remedies differ in many ways, they both emphasize the necessity for structural reform to solve problems in the judicial system, such as erroneous convictions and overrepresentation. A more equal and just legal system in Canada can be achieved today if the underlying cultural and structural problems are addressed.
Effectiveness of Green and Roach’s solutions
Both Green and Roach’s proposed solutions contain common elements, such as decreasing the emphasis on conviction rates and improving transparency inside the justice system. However, their approaches vary in how specific and realistically they may be implemented (Roach, 2021). Green suggests a number of actionable alternatives, including the creation of autonomous supervision committees for the prosecution, an increase in funding for defense attorneys, and the implementation of compelled disclosure of all relevant information. These answers may be met with opposition from inside the legal system, which may be unwilling to give up its power and autonomy, despite the fact that these solutions are precise and can be put into reality.
On the other hand, Roach’s suggestions are more generic and may be more challenging to implement (Roach, 2021). For instance, he advises modifying the evidentiary rules so that additional evidence can be admitted, but he needs to present a clear plan for implementing this. In addition, Roach’s recommendations could necessitate considerable changes to the legal system, which would likely be met with opposition by those who profit from the current arrangement of things.
The ideas made by Green and Roach are significant efforts toward systemic reform, yet, it is possible that more than these actions will be needed to address problems such as wrongful convictions and overrepresentation (Roach, 2021). Both authors are downplaying the significance of race and other factors in contributing to these challenges. Suppose we want to see changes that are sustainable in the long run. In that case, we might need to take a more holistic strategy that gets to the bottom of these problems, including the fact that poverty, racism, and inadequate social services exist.
The importance of systemic reform
Systemic reform is critical in bringing about long-lasting changes in the justice system. Addressing the fundamental causes that contribute to wrongful convictions and the overrepresentation of minorities requires changes that target the entire system rather than just a few individuals. The legal system is a complex web of interconnected processes and individuals, and reform efforts must consider the systemic factors that lead to injustice (Goodman, 2023). Structural reforms can include changes to laws, policies, and procedures and allocating resources and funding. These reforms can help to address underlying issues such as racism, poverty, and inequality that permeate the justice system. For instance, creating independent prosecutorial oversight bodies, increasing funding for defense lawyers, and implementing implicit bias training for prosecutors and judges can help to reduce wrongful convictions and racial disparities in the justice system.
Systemic reform is crucial in promoting a more just and equal society. We can create a fairer and more equitable justice system for all by addressing the systemic factors that lead to injustices. This can ripple effect on other aspects of society, as the justice system plays a significant role in shaping social norms and values (Maidment, 2021). In addition to addressing injustice and inequality, systemic reform can lead to cost savings and more efficient operations. For example, reducing the number of people in jail or prison can save taxpayers money, as can reducing the number of court cases tied up in lengthy appeals processes. Therefore, systemic reform is crucial in creating a justice system that is fair, just, and equitable for all. It is essential that we continue to identify and address the systemic factors that contribute to injustices and work towards creating a more just society for everyone.
Conclusion
Reforming prosecutorial discretion and the “Crown culture” is a critical step toward systemic reform in the Canadian judicial system, as stated in conclusion. Concrete answers to the problems of erroneous convictions and overrepresentation in the legal system are offered by Mervyn Green in the form of ideas, such as establishing independent prosecutorial review organizations and increasing financing for defense attorneys. These answers are also in line with the tactics that Kent Roach researched and considered, such as the implementation of a court structure that is more collaborative and truth-seeking.
However, it is essential to acknowledge the possibility that these solutions will not adequately address the racial inequalities and structural problems now in the legal system. Changes to prosecutorial discretion and “Crown culture” should be pursued in conjunction with further reforms such as tackling over-incarceration and prejudice. These reforms should be pursued simultaneously. In the end, the effectiveness of these reforms comes from the fact that rather than merely targeting individual “bad apples” inside the system, they are centered on making changes to the system as a whole. We can only have any hope of achieving a legal system in Canada that is more equitable and just if we tackle the more fundamental structural problems that exist inside the justice system.
References
Currie, R. J. (2021). Wrongful extradition: Reforming the committal phase of Canada’s extradition law. Man. LJ, 44, 1.
Goodman, A. (2023). Everyone Against Us: Public Defenders and the Making of American Justice. University of Chicago Press.
Maidment, M. (2021). When justice is a game: Unravelling wrongful convictions in canada. Fernwood Publishing.
Roach, K. (2021). Judicial Remedies for Climate Change.
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