Topic > Nils Christie Case Study - 737

As stated by A. Hayashi of Harvard University, "an abundance of emotions (anger, for example) can lead to poor decisions." (Hayashi, 2001). In the context of the law, the victim may have a serious emotional disturbance caused by the offender, which in turn will lead to the victim seeking a harsher sentence than necessary. To exacerbate this misconception, ignorance of the law must be taken into account. When a legal representative or lawyer is hired to handle a case, there is a relief that this individual has dedicated his or her life to the field of law. This person is familiar with the system and will identify legally relevant material to add strength to the case. When these legal professionals are removed from the equation, it is up to the victim/offender to determine the legally relevant material and/or outcome of the case. With this in mind, sentencing is likely to be determined based on individual discretion rather than the law. Another thought associated with the absence of lawyers involves scenarios where the victim/offender is unable to fairly represent themselves due to 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. With all these factors surrounding the confrontation between victim and offender, it would be beneficial to the legal system to keep lawyers present in legal offices.