CRM 1300 Lecture Notes - Lecture 5: Community Sentence, Halfway House, Substance Abuse
Document Summary
Responsible for determining the guilt or innocence of accused and with imposing an appropriate sentence upon the convicted. Protection of rights of the individual and society. Proof to convict (beyond a reasonable doubt) Participants (defendant, crown prosecutor, defence counsel, judge, jury, victim, witness) Procedures (governed by law, tradition, and judicial authority) Guilty (90% of defendants plead guilty, plea bargains are not necessarily accepted, guilty plea must be free and voluntary, may be sentenced or remanded) Not guilty (trial date is set, type of court depends on seriousness of offence, some offences may be tried immediately before a provincially appointed judge) Limited to offenses with maximum sentence of 5 years or more. Usually at the request of the defendant but may be ordered by the judge. May appeal verdict or sentence or criminal responsibility. May apply for release while under appeal. May order new trial or overturn conviction. May also overturn an acquittal and convict.
