LAWS 2301 Lecture Notes - Lecture 7: Sentenced, White-Collar Crime, Di Penates
17 Dec 2018
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Garland: sentenced to the longest sentence for anyone in canada, murdered 3 people, not eligible for release for 75 years. Not a counselling charge though because counselling is only applicable if the crime does not take place. A balance between the crime and the sentence: not considered an eye for an eye, ashley smith- died in prison for throwing apples or something. Judges are trying to best remedy what went wrong. Goals: protection of the public- includes people and their property. Idea is to keep others safe: retribution- suppose to be dispassionate. In canada this is intended to be used as a last resort: solitary confinement is seriously detrimental to people"s health. Judge has to consider 3 things in sentencing: the offender, pre-sentence report, consider the victim, victim impact statement, consider society, public act. Week 7: lawyers can make a sentencing recommendation however the judge is never bound even when an agreement between parties are made.
