SETTING STANDARDS FOR CANADIAN CRIMINAL COURTS - THE CASE OF PLEA BARGAINING

• NCJ Number: 44443
• Author(s): D F COUSINEAU; S N VERDUN-JONES
• Date Published: 1977
• Length: 216 pages
• Corporate Author: Simon Fraser University
• Sale Source: Canadian Assoc for the Prevention of Crime
• Language: English
• Country: Canada
• Note: INCLUDES 32-PAGE WORKING PAPER ON STANDARDS FOR JUVENILE COURT PREPARED BY CHRIS SCHMALING

Annotation

THE DOCUMENT ADDRESSES MANY OF THE IMPORTANT ISSUES ASSOCIATED WITH THE GUILTY PLEA AND WITH PLEA BARGAINING TO DETERMINE THE FEASIBILITY OF ESTABLISHING STANDARDS.

Abstract

THE STUDY ASSEMBLES STANDARDS ARTICULATED BY MAJOR PROJECTS BOTH IN THE UNITED STATES AND CANADA. THE LEGAL PRINCIPLES DEVELOPED BY CANADIAN COURTS IN RELATION TO GUILTY PLEAS AND PLEA BARGAINING ARE ANALYZED, AND THE ETHICAL STANDARDS DEVELOPED IN THIS AREA BY PROFESSIONAL GROUPS ARE EXAMINED. AN OVERVIEW OF EMPIRICAL RESEARCH ON PLEA BARGAINING IS PROVIDED. THE TEXT DISCUSSES THE LEGAL PRINCIPLES RELATING TO PLEA BARGAINING IN OTHER JURISDICTIONS -- NOTABLY THE UNITED STATES AND GREAT BRITAIN. VARIOUS ARGUMENTS MADE FOR AND AGAINST PLEA BARGAINING ARE PRESENTED AND RELATED TO RELEVANT EMPIRICAL DATA. VARIOUS FORMS OF PLEA BARGAINING SUGGESTED BY LITERATURE ARE IDENTIFIED. THE DOCUMENT COMMENTS ON THE CONCRETE METHODS WHICH MAY BE ANALYZED IN THE IMPLEMENTATION OF ANY STANDARDS DEVELOPED IN THIS AREA. AN APPENDIX PROVIDES STANDARD SETTING PROJECTS; STANDARDS OF THE NATIONAL ADVISORY COMMISSION ON CRIMINAL JUSTICE SYSTEM AND GOALS, 1973; THE CANADIAN BAR ASSOCIATION CODE OF PROFESSIONAL CONDUCT, 1974; AMERICAN BAR ASSOCIATION STANDARDS RELATING TO GUILTY PLEAS, 1968; THE ONTARIO LAW REFORM COMMISSION REPORT ON ADMINISTRATION OF COURTS, 1974; AND UNIFORM RULES OF CRIMINAL PROCEDURE, NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS, 1974. (AUTHOR ABSTRACT MODIFIED).