NCJ Number
130256
Date Published
1991
Length
234 pages
Annotation
This Working Paper examines the protections against double jeopardy and the pleas and verdicts found in Canada's present law. It then considers whether reform is indicated to ensure consistency with the general principles of criminal procedure.
Abstract
The present Criminal Code recognizes double jeopardy safeguards to a limited extent. Pleas of guilty and not guilty and special pleas currently are available under the law. An accused individual may invoke double jeopardy by indicating he or she already has been acquitted or convicted by this charge. The criminal justice system recognizes a verdict of guilty or not guilty and also recognizes the special verdict of not guilty on account of insanity. Generally, a prosecutor has broad discretion to decide whether or not counts should be joined together in a single charging document and to make it possible for several allegations to be heard together in a single trial. To prevent the unwarranted harassment of an accused brought about by multiple prosecutions, a recommendation is proposed that would change the discretionary nature of the present law and make it a general requirement to try charges together where the charges arise from the same transaction or are otherwise closely connected. Thirty-six recommendations are proposed and summarized. 245 footnotes