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Lecture 2

LAWS 2302 Lecture 2: LAWS 2302: Criminal Law Lecture 2

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LAWS 2302
Mike Smith

Lecture 2 Judge records evidence: Judge judges credibility, are they telling the truth? Assess language used (slang, etc.). Judge applies in order to become judge. You have to let people have their say in court (let witnesses talk). You need to be polite, and let people know theyve had their say in court. Objective neutral. Up to date on the law. Judge Brunet doesnt see himself as better then anyone else. A lot of people skills involved. Judge Brunet makes a plus minus chart and writes the mitigating and aggravating charges. Ultimate goal is to make sure they dont reoffend. Mitigating factors: no criminal record, pro social (work, family, job), remorsepleading guilty, agehealth issues mental issue. Aggravating factor: breach of court (probation), criminal record, weapons, and violence involved. Accused who goes to trial is neutral (not aggravatingmitigating). Also have to look at case law (suggested range for sentences). Sentencing is the hardest part of criminal law. Liberal government put in mandatory minimum sentences and the conservative government increased the sentences (if it was 4 years now its 5). Mandatory minimum sentences are meant to general and specific deterrence. Mandatory minimum sentences have been criticized to be unconstitutional because they are not fair, for example someone who is old and mentally ill commits a firearm offence then the minimum sentence is 2 years minimum jail and doesnt take into account his agementally ill. They are too broad. Doesnt look at mitigating factors. Someone maintains his or her innocence after pleading guilty. Pre sentence report where the probation officer meets with the rd accused and they go against the judge who says there guilty. 13 of sentencing work is impaired driving cases. Mike Smith: R. v. Roper: miss roper was charged with impaired drinking and driving case and she was sentenced to jail and she requested to serve her jail sentence intermittently because it was less than 90 days. She received an intermittent sentence and in the jail she was being shipped out inmates to different jails and because of this she was
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