LAWS 2302 Lecture 2: Lectures & Readings
Document Summary
#7 court: guilty plea court (observation for sentencing) Use at least 2 cases to support decision: can use westlaw as search resource. Leads to trial in which one must plea guilty or not guilty. Stare decises: principle of law- like cases must be judged alike. Jurisprudence is relied on by judges and lawyers. 2 levels of punishment: federal ( two years or more, provincial (two years or less) Sentencing is the process whereby judges listen to submissions or recommendations by counsel. Punishment is what the individual receives when found guilty. Intermitted sentence- section 732: such as weekend jail: 3. Can only occur if sentence is 90 days or less. things as house arrest. Probation: max of 3 years for adult offenders. Ycja sections 38-42 custody: secured, open, deferred: jail within the community. Can also be sentenced through: probation: section 731, 733 deals with breach of probation, fine: section 734- can result in restitution order, discharge (absolute v conditional) section 730.