LAWS 2301 Lecture : Crim Class 10.doc
22 Mar 2012
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Document Summary
November 21, 2011: prosecutors, duties and realities of work, accountability mechanisms; romeo, defence, roles, issues, controls, rockwood, plea bargaining, types, definitions, benefits given, final essay: plea bargaining. Implications around training: great deal of discretion and little accountability; secretive process, decision making is not public, very few guidelines how they make decisions, victims feel excluded, some high profile cases the victim in consulted (holmolka) They can issue broad advice but prosecutor has right to make up own mind: accountability to individual citizen, may think it was unfair (hybrid- charged as indictable instead of summary- why?) 2 remedies: civil suit (malicious prosecution, charter rights (violated, both are hard to pursue, nelles case- sued for malicious prosecution. Before this case it was assumed prosecutors had immunity and couldn"t be sued. If delay in trial then rights have been violated and judge can stay charges.
