CRIM 131 Lecture Notes - Lecture 8: Lesser Included Offense, Dangerous Offender, The Province

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Judges are often criticized for imposing lenient sentences. Small minority of criminal cases in canada proceed to a trial. In about one-third of criminal cases: the charges are stayed (suspended for up to a year, withdrawn, dismissed. Most common reason for a case not proceeding to a trial is the entry of a guilty plea. 59% of accused persons who appeared in canadian adult courts pleaded: result of a plea bargain between the prosecuting and defence lawyers. The police, crown counsel, and defence counsel may engage in conduct that ranges from simple discussions through to negotiations and on to concrete agreements: may not always lead to plea bargain. Plea agreement: an agreement by the accused to plead guilty in return for the prosecutor"s agreeing to take or refrain from taking a particular course of action. Researchers argued that it is more realistic to view the accused"s decisions within the criminal justice system as coerced or manipulated .

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