Victims
Person who suffers as a result of the crime
a Victim
The reduction of a charge to a lesser or included offence
Charge Bargaining
Can only occur after a guilty Plea
Joint Submission
Criminal Code s.718
(Just name one of the objectives)
(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to assist in rehabilitating offenders;
(e) to provide reparations for harm done to victims or to the community; and
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.
What is the name of the spaceship?
USS Voyager
A way for the victim to address the way a Crime has affected them
via Victim Impact Statement
The Court may only accept a plea of guilty if ...
Only if it is satisfied that the accused is making the plea voluntarily and is acting under their own free will.
Parties involved in a Joint Submission
Crown, Defense
Criminal Code s.606
An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part and no others.
Where is Joleg from?
He is Benkaran.
Most _____ find that victim impact statements are useful for information relevant to sentencing and for victim satisfaction
Judges
Percentage of criminal cases that are resolved via Plea bargain
Case which held a landmark decision on the judges ability to depart from Joint Submission
R v. Anthony-Cook
Criminal Code s.606(1.1)(b)
The accused understands:
(i) that the plea is an admission of the essential elements of the offence,
(ii) the nature and consequences of the plea, and
(iii) that the court is not bound by any agreement made between the accused and the prosecutor; and
What is the name of the Warden of the Nygean prisoners?
Yediq
A victim impact statement can include the following
- Emotional Impact of the crime,
- Economic Impact of the crime,
- Fear of security after the crime or,
- a poem/letter/drawing that helps the victim express their feelings about the crime
Can victims stop a plea agreement? Why or Why not?
No, the Justice system does not have an impeded system for victims to interfere in Plea discussions or bargains. Ultimately up to the Crown.
Test applied for rejecting a Joint Submission
Public Interest Test
Criminal Code s.718.2(c)
where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;
Explain what the Doctor said was wrong with Iko.
Mental illness which caused him to not have certain brain functionality; most expressed- the ability to feel remorse.
Primary concern of those who oppose the Victim Impact Statement
The fear of the dissolvement of adversarial Criminal justice principles
Describe in your own words, why Plea bargaining is controversial.
- Victims don't have a say
- State Officials and Defense Counsel may induce guilty plea
- Subverts many of the values of the CJS
A benefit to Joint Submissions
- Avoid uncertainty and stress of trial
- Alleviate pressure on system (time, resources, money)
- Ensure System doesn't collapse
Criminal Code s.718.2(e)
All available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.
Upon appealing to the family, was Iko forgiven and released? Why or why not?
No he was not. Nygean law permits the family to sentence the offender, the family did not think Iko changed even though he did. Grief was too much.