LAWS 2301 Lecture Notes - Lecture 11: Sexually Transmitted Infection, Dangerous Offender, Summary Offence
16 Jun 2016
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Document Summary
Plea bargaining is the venereal disease of the criminal justice system. Plea bargaining is the grease that keeps the justice system running. Plea bargaining has no place in a decent criminal justice system. Plea bargaining is inevitable in any system of justice. What we"re doing is treating people as half guilty & giving them half the sentence they would receive if they were really guilty. 3 constant elements: always a guilty plea, bargain granted only if accused agrees to plead guilty in exchange, bargain is result of express negotiations. = benefits given in exchange for a guilty plea. Withdrawal of charges/promise not to proceed on possible charges. Use of summary conviction procedure in hybrid offences. Promise not to apply for dangerous offender status. Promise not to apply for harsher penalty re previous conviction. Promise not to note aggrav. circum. , previous record or embarrassing aspects of crime at sentencing. Promise to speak to place of imprisonment or placement in treatment program.
