CRM 100 Lecture Notes - Lecture 7: Anger Management, Suspended Sentence, Dangerous Offender
24 Nov 2016
School
Department
Course
Professor
CRM100 – Week 7
Sentencing
Plea Bargaining
• The funnel process: all charges, charges are dropped by the crown, crimes that aren’t
reported,
• Can happen at any time during the trail process, any point before the verdict
• Crown and the defense, both sides can initiate the process, make an appointment
• Will make a proposal
• Ex. Crown says: if you plead guilty to second degree murder we will end the trail now
• Based on the way the evidence looks
• Pressure on Crown and defense to not make case go on trial; cost a lot of money
Issues around transparency
• The idea that these rules are being made in a back room
• Strategic reasons
• Should make it a more formal process
The Victim
• Come down on both sides of the process
• Sometimes feel betrayed by what happens,
• Sometimes feel relieved
o Traumatizing case, worth it to not have to sit in court starring at the accused
Sentencing
• Relatively flexible
• Made up by the judge
• Bound by case law and statute
Mitigating and Aggravating Circumstances
• Mitigating: think about circumstances of the case, of the person, things that would push a
judge to make them more lenient on their decision
o Ex. first time offender, details of the person’s life
• Aggravating: details about the case, of the person, things that would push a judge to be
more punitive
o Ex. Details of the case are gruesome (violent assault)
Denounce
• Hand down a harsher sentence around assault, society frowns upon this case
Deter
• Hand down a harsh sentence around drunk driving, hoping public will hear about it and
deter them from committing this crime
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Issues around transparency: the idea that these rules are being made in a back room, strategic reasons, should make it a more formal process. The victim: come down on both sides of the process, sometimes feel betrayed by what happens, sometimes feel relieved, traumatizing case, worth it to not have to sit in court starring at the accused. Sentencing: relatively flexible, made up by the judge, bound by case law and statute. Details of the case are gruesome (violent assault) Denounce: hand down a harsher sentence around assault, society frowns upon this case. Deter: hand down a harsh sentence around drunk driving, hoping public will hear about it and deter them from committing this crime. Incarceration: sentence used to remove a dangerous person from society. Rehabilitate: person has addiction issues, provide counselling to help them get back into society in a better state.
