Lecture 13 Flow of LItigation

Pleading

Plaintiff files a complaint against a defendant & outlines the remedy they seek

If defendant does not respond, the court will assume the complaint is true & support the plaintiff’s remedy

Discovery

Both parties examine each others’ evidence

Trial

Based on a balance of probabilities, judge adjudicates on the evidence presented

Burden of Proof in Criminal Trials

Crown must prove the defendant is guilty “beyond a reasonable doubt”

Plea Bargaining

Agreement where the accused pleads guilty in exchange for the prosecutor making a concession

Charge Bargaining

Some charges are dropped or reduced

Sentence Bargaining

A lighter sentence is recommended

Fact Bargaining

Certain facts are left out of the case

Legal Representation during a Plea Bargaining

Defense lawyer must be present unless defendant waives their rights to one

Revision of Plea Bargains

Defendant can enter or revise a plea bargain even during a trial if new evidence emerges

Plea Bargaining Existence

Provides certainty to both the prosecution and the defendant,

Ensuring efficiency and reducing the risk of harsh sentencing

Prevents the court system from becoming overwhelmed due to limited resources

Objections to Plea Bargaining

Lenient punishments for guilty

Replacement of truth-seeking with a bureaucratic process

Risk of wrongful convictions

Innocent defendants may plead guilty to avoid harsher sentence

Sentencing in Canada

Judges have the authority to determine appropriate punishment based on the circumstances of case, within the law.

This is restricted with mandatory minimum sentences, where the law requires a specific punishment