LAWS 2302 Lecture Notes - Lecture 9: Mitigating Factor, Endangerment, Suspended Sentence
3 Aug 2016
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Sentencing: procedural considerations, the guilty plea a. i. Most cases with resolve themselves this way a. ii. Plea bargain charged with one or two of multiple offences a. ii. 1. Specific courtroom in the courthouse that deals with guilty pleas a. iv. Not penalized for choosing to go to trial instead of pleading guilty a. v. Facts of the case must support the offence a. v. 1. If facts do not support offence, person cannot be found guilty a. v. 2. Facts and offence will be agreed upon before hand: the sentencing hearing b. i. Hearsay evidence is allowed facts are read out, witnesses are not needed b. ii. Still procedural protects for the accused person b. iii. Facts must be established on a balance of probability b. iv. Judge decides what is entered into evidence and what is used against the offender c. Did the judge properly consider purposed of sentencing c. ii. Forget to consider/did not consider a relevant factor c. iii.
