8 Charges Get Plead Down To One?
- WalterWhite
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8 Charges Get Plead Down To One?
I hope someone with a better understanding of the legal process can explain this to me, because I have a hard time grasping how this is reasonable:
https://www.castanet.net/news/Kelowna/2 ... ug-witness
https://www.castanet.net/news/Kelowna/2 ... ug-witness
While McGee originally pleaded not guilty and was set to face trial next week for attempted murder involving a criminal organization, aggravated assault and six other firearms charges, he pleaded guilty to just the attempted murder charge, Friday.
Crown prosecutor Murray Kaay told the court he intends to drop all other charges following sentencing.
- oneh2obabe
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Re: 8 Charges Get Plead Down To One?
Canadian Lawyer Mag
Columnists
Michael Spratt
Why plea bargains can be a deal with the devil
January 16, 2017
The plea bargain is a deal with the devil — at least according to many members of the public. The public may be right, but the real question is: Just who is the devil in the plea bargain equation?
Let’s first take a step back and go over some basics.
In 1975, the Law Reform Commission of Canada defined a plea bargain as "any agreement by the accused to plead guilty in return for the promise of some benefit."
The essence of any plea bargain is a quid pro quo.
So the quid: The accused gives up their constitutional right to be presumed innocent and waives their right to a trial. In other words, the accused relieves the state of the heavy obligation of proving guilt beyond a reasonable doubt.
After all, there is only one guarantee in criminal law — if you plead guilty you will be found guilty.
And the quo: The accused receives the benefit of reduced charges, or less jail time or some measure of certainty about the ultimate sentence.
Balance of article
http://www.canadianlawyermag.com/author ... evil-3505/
Columnists
Michael Spratt
Why plea bargains can be a deal with the devil
January 16, 2017
The plea bargain is a deal with the devil — at least according to many members of the public. The public may be right, but the real question is: Just who is the devil in the plea bargain equation?
Let’s first take a step back and go over some basics.
In 1975, the Law Reform Commission of Canada defined a plea bargain as "any agreement by the accused to plead guilty in return for the promise of some benefit."
The essence of any plea bargain is a quid pro quo.
So the quid: The accused gives up their constitutional right to be presumed innocent and waives their right to a trial. In other words, the accused relieves the state of the heavy obligation of proving guilt beyond a reasonable doubt.
After all, there is only one guarantee in criminal law — if you plead guilty you will be found guilty.
And the quo: The accused receives the benefit of reduced charges, or less jail time or some measure of certainty about the ultimate sentence.
Balance of article
http://www.canadianlawyermag.com/author ... evil-3505/
Dance as if no one's watching, sing as if no one's listening, and live everyday as if it were your last.
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- WalterWhite
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Re: 8 Charges Get Plead Down To One?
Thanks for that ^^ I guess they (the crown) need a better negotiator :)
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Re: 8 Charges Get Plead Down To One?
This is nothing new, police usually make a slew of charges e.g. put your hand up to deflect a strike and you are charged with resisting arrest, obstruction ect.
Remember , let your lawyer do the talking , say nothing to the police
Remember , let your lawyer do the talking , say nothing to the police
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Re: 8 Charges Get Plead Down To One?
Standard (and to me reprehensible) practice, especially when the prosecutors have a weak case. Throw the book at them and plea bargain for a lesser crime so they can be guaranteed a conviction. I suppose it saves us valuable court time...
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Re: 8 Charges Get Plead Down To One?
BGrigg07 wrote:Standard (and to me reprehensible) practice, especially when the prosecutors have a weak case. Throw the book at them and plea bargain for a lesser crime so they can be guaranteed a conviction. I suppose it saves us valuable court time...
Except in this case, he’s pleading guilty to the most serious one.
All that is required for evil to prevail is for good men to do nothing.
Just to be clear: The opinions expressed above are mine and do not represent those of any other person, class of persons or organization.
Just to be clear: The opinions expressed above are mine and do not represent those of any other person, class of persons or organization.