Preparing for Court

AuthorJudith Daylen, Wendy van Tongeren Harvey, and Dennis O'Toole
Pages233-282
233
[  ]
Preparing for Court
Vignette Seven
Roy is thirty-two years old w hen his marriage breaks up due to his heavy
drinking and anger problems. His divorce makes him realize he has some
serious personal problems to resolve and he seeks out counselling. In ther-
apy, he reveals that he was sexually abused from the age of eleven to f-
teen by a foster father. While he can recount the basic facts o f his abuse, he
has diculty discussing his emotional experiences. The therapist suggests
he write about his feelings in a journal that he shows to nobo dy else, so he
can be uninhibited and free to express his honest e motions, whatever they
might be. The journalling works well as a therap eutic technique and Roy
makes good progress in dealing with his emotional diculties. Whe n he
is the age of forty, the police contact Roy and explain that they are investi-
gating allegations of sexual abuse disclosed by other children in the foster
father’s care. When questioned, Roy admits the foster father also abused
him and he gives police some of the details. The Crown counsel ap proves
charges against the foster father and contacts Roy to plan for his testimony
in court. In discussing the details of his abuse, Roy shows the Crown law-
yer his journal and says this is the best source of information if the law yer
really wants to understand how the abuse happe ned. The Crown warns
Roy that since she is aware of the journal, the fact of its exis tence but not
its contents must be revealed to the defence. The defence will be entitled
to apply for all or part of the journal if it is likel y to be relevant to the case.
In addition, she indicates that if she uses evidence from the jou rnal, the de-
fence will likely have to receive a copy, and Roy should be prepared for this
possibility. She suggests Roy get advice from independent legal counsel
234  , ,   
on this issue. Roy insists that his journal is the best source of informatio n,
and that both he and the Crown should rely on it. He signs a waiver allow-
ing the Crown to release a copy of the journal to defence.
    rst report of a sexual assault and the actual
trial can be lengthy, challenging, and frustrating. During this phase, you
will have your rst encounters with the justice system and will meet many
of the important participants. While the waiting can be di cult, this time
can also provide an opportunity to prepare yourself emotionally, to learn
about the legal system, and to dene your role in it. In this chapter, we
discuss rules of disclosure, privacy is sues, plea negotiations, your role in the
preliminary heari ngs, and child testimony. We also outline strategies that
can empower you a nd make you a more eect ive participant.
e pretrial period is sure to test even the most self-assured and com-
petent individuals. Fear and frustration can be disorienting and can ma ke
even simple tasks challenging. Many complainants have made an eort to
get on with life and to put the abuse behind them, but preparing for court
oen entails bringing many disturbing issues back to the forefront. ere
are appointments to schedule, meetings with new people, new relationships
to build, and a disruption of routines. Not surprisingly, some complainants
feel frustrated at not understanding the legal process or the complicated in-
formation people seem to expect them to absorb. During the pretrial stage,
you will likely see and hear th ings you do not like, a nd you may be disil lu-
sioned if your image of the justice system is not reected in reality. You will
experience the enormity of the justice system and its unyielding nature,
which can leave little opportunity to accommodate your needs. In light of
this state of aairs, should you run for the hi lls and forget about any chance
of justice? No, we believe not. Instead, we encourage you to gather informa-
tion and prepare for the upcoming challenges.
Taking the initiative in your personal preparation for court is the strat-
egy that can most eectively shi you from feeling stuck or overwhelmed
to feeling capable and competent to manage the stress. How you perceive
the court process and how you interact with others are two areas over which
you can exert control. You have reported the cr ime, provided you r statement
to the investigators, and waited for the authorities to charge and arrest the
accused. All of this may have taken weeks or months. Between the rst
court appearance and the preliminary hearing or trial, you will probably
wait at least another six months. e whole process wi ll take from one to
Chapter 7: Preparin g for Court 235
three yea rs— more if the defence appea ls a conviction.  is gives you a mple
time to prepare yourself. You can learn about the rules of disclosure, get to
know the Crown prosecutor, and prepare yourself for the time you are go-
ing to testify. Because court preparation is especially important for the very
young, we have dedicated a segment specically to child testimony.
PREPARATION CAN MAKE A DIFFERENCE
   , your local v ictim assistance program would contact
you to schedule a court orientation, provide you with emotional support,
and arrange a meeting with the Crown prosecutor. e Crown, who would
have received your le months before the court date, would be very fa miliar
with your case before even meeting you for the rst time. Regrettably, the
world is not an ideal place, and even though justice personnel know this
sequence of events is the best model to follow, very few jurisdictions have
the resources available to assist in this way. Most oen, the Crown lawyer
is the only p erson available to prepare a nd support you. Although lawyers
will do their best, heavy work loads may mean the Crown might not receive
your le until a few days before you are scheduled to appear in court.
To ameliorate these system weaknesses, take the initiative with your
preparation. Start by looking beyond the immediate legal necessities and
look upon this as a potential growth experience. Keep yourself physically
and emotionally healthy, examine your attitudes, and look at the compe-
tencies you would like to develop that would also be useful in other do-
mains of your life. Set a goal t hat can have a positive outcome independent
of the oender or the justice system verdict. You might decide to become
more self-aware of how you react in a crisis or around people in author-
ity. You may want to develop a better understanding of criminal law, to
become a better public speaker, or to develop your self-condence. Use the
court process as a path along which you can move to achieve some of these
personal goals. In a worst-case scenario in which you do not achieve any of
your legal objectives, you can still achieve personal growth, which may be
the greatest reward.
Below we outline some of the strategies you can employ to prepare
yourself to participate eectively in the lega l process. We also provide a
preparation chec klist in Append ix  that you ca n use as an orga nizational
guide in preparing for court.

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