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Delivering Criminal Justice

Delivering Criminal Justice. Part One Plea Bargaining sentencing. Role of the Courts. The Supreme Court of Canada role in sentencing Sentencing is also important for the public. Plea Bargaining. The justice system disposes of more than 80% of criminal charges through plea bargaining.

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Delivering Criminal Justice

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  1. Delivering Criminal Justice Part One Plea Bargaining sentencing

  2. Role of the Courts The Supreme Court of Canada role in sentencing Sentencing is also important for the public

  3. Plea Bargaining • The justice system disposes of more than 80% of criminal charges through plea bargaining. • The accused pleas guilty • In return, the crown promises something • Once an accused pleas guilty, a formal sentencing hearing will be held (almost immediately)

  4. Plea Bargaining – what the crown can do… • If the Accused pleas guilty (plea bargaining) • The Crown may offer to drop one or more charges (if they have been charged with multiple offences) • The Crown may reduce the charges (ie. 2nd degree murder to manslaughter) • The Crown may also use the potential sentence to get the Accused to plea guilty (The Crown seeks lighter/reduced sentencing)

  5. Plea Bargaining – What the Accused Forfeits… The Accused exchanges his presumption of innocence for certainty of his/her conviction and/or sentencing The Accused may also avert public exposure, delay of the system, stress, and cost of trial/lawyers. Who wins in Plea Bargaining?? Who benefits??

  6. What do you think??? In 1975, a study by the Law Reform Commission of Canada declared that plea bargaining had “no place in a decent criminal justice system.” Do you agree or disagree? Explain? In years since, Plea Bargaining has been found to be appropriate in the system. The Rules of Professional Conduct suggest that defence lawyers should ensure that clients are advised of the strength of the Crown’s case and of the implications of a guilty plea. If the Accused understands this, they may instruct their lawyer to go forward with bargaining.

  7. Apply it! • A commentary in the rules raises a caution: • “the public interest in the proper administration of justice should not be sacrificed in the interest of expediency.” • Example: The Case of Karla Homolka

  8. Sentencing “The judicial determination of a legal sanction to be imposed on a person found guilty of an offence.” All cases will go to sentencing (whether plea bargained or heard at trial) The goal of sentencing is to deliver a just sentence for the particular offender and particular offence.

  9. The Aims of Sentencing Denunciation (unacceptable behaviour is labelled and condemned) Deterrence, specific and general (offenders are prevented from committing other offences, deterring other from engaging in criminal activities) Separation (offenders are separated from society to protect the public) Rehabilitation (offenders are trained and treated.)

  10. Who Decides? • There is very little written in the Criminal Code that outlines what the convicted should be given for sentencing. • Maximums are in the code but most sentencing, historically, is an exercise in judicial discretion (freedom of the judge to decide sentencing). • The judge can decide: • Type of sentence (custodial or in the community) • Length (both in prison term and probation, as well as any fine) • EXCEPT….

  11. Statutorily Prescribed Minimum • The only exception to judicial discretion is when the offence carries a statutorily prescribed minimum penalty • For these offences the judge must impose the minimum sentence • Example: the mandatory minimum sentence for first degree murder is life imprisonment without eligibility of parole for 25 years

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