ADMJ 101 Lecture 26: ADMJ 101 - LTR 26
Document Summary
Indigenous arrestees with a high history of ftas, or bail violations. Plea bargaining (american version: judge part of the process, a sentence is intimated. Must proceed on charges that fairly represent conduct that the crown can reasonably prove. A plea of guilty only accepted, if on an analysis of all the facts, it is in the public interest. Any off (and supporting argument) must be marked on the file. If initially rejected by defendant, cannot accept without consulting the director. But: charges can be altered until morning of trial. Organisational pressures to negotiate: workload pressures, the courtroom workgroup. Can lead to a sentence discount of 25 to 40% For indictable offences, preliminary investigation by a magistrate to determine if sufficient evidence to commit to trial - consider case/charges. Aims: elimination of weak cases, disclosure of prosecution case, identification of guilty pleas early in the prosecution process, clarifying issues in the case, opportunity to test prosecution case.
