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  • Essay / Nils Christie Case Study - 737

    As A. Hayashi of Harvard University said, “an abundance of emotions (anger, for example) can lead to poor decisions.” (Hayashi, 2001). In the legal context, the victim may suffer serious emotional distress caused by the offender, which in turn will cause the victim to demand a harsher punishment than necessary. To exacerbate this erroneous conception, ignorance of the law must be taken into account. When a legal representative or attorney is hired to handle a case, there is relief in the knowledge that this person has dedicated his or her life to the field of law. This person knows the system and will find legally relevant documents to strengthen the case. When these legal professionals are removed from the equation, it is up to the victim/offender to determine the legally relevant elements and/or outcome of the case. That being said, sentencing risks being determined based on individual discretion rather than the law. Another idea associated with the absence of lawyers is scenarios in which the victim/offender is unable to fairly represent themselves due to their mental state/condition, physical state/condition, religious barriers, cultural barriers and/or language barriers. This may pose a significant problem under section 15 of the Canadian Charter of Rights and Freedoms. Given all of these factors surrounding a victim/offender type situation, it would be in the best interest of the legal system to keep lawyers present in legal proceedings.