LAWS 1000 Lecture Notes - Lecture 8: The Dilemma, Blood Transfusion, Social Fact
5 Apr 2016
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Liigaion, law, morality and jusice lecture 8. Criminal cases: a high degree of, and lots of places for discretion . From a search warrant, judge of peace must decide from reasonable causes. At preliminary inquiry, judge must decide if suicient evidences to go to trial or discharge. The judge/jury must decide whether if crown ahs proven case beyond reasonable doubt. Thus a high degree of contingency in the process the crown has to prove a case before any decisions can be made about a plea. Plea bargaining: as a mean to control such contingency, when it comes to sentencing and outcomes . Before the trial, or during trial if new evidence change the previous balance of power between crown and council. Deinition: law reform commission of canada: 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. Subcategories of plea bargaining: charge bargaining:
