LAWS 1000 Lecture Notes - Lecture 11: Social Fact, John Stuart Mill, British Columbia Civil Liberties Association
20 Apr 2015
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Flow of litigation & law, morality and justice. From a search warrant, judge of peace must decide from reasonable causes. At preliminary inquiry, judge must decide if sufficient evidences to go to trial or discharge. The judge/jury must decide whether if crown has proven case beyond reasonable doubt. Thus a high degree of contingency in the process . Plea bargains: as a mean to control such contingency, when it comes to sentencing and outcomes . Before the trial, or during trial if new evidence change the previous balance of power between crown and council. Definition: p. 74, law reform commission of canada: an agreement by the accused to plead guilty in return for the persecutor"s agreeing to take or refrain from taking a particular course of action. Charge bargaining: promises on the nature of the charges. Sentence bargaining: promises related to the ultimate sentence that may be meted by the court.
