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Lecture 4

LAWS 2302 Lecture Notes - Lecture 4: Preliminary Hearing

Course Code
LAWS 2302
Mike Smith

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Law-Week 4.
Court 7 Elgin St
Paper format
Facts of case- brief recantation of facts
Come out with your position. I am asking to impose a sentence of x. and here is why, considering the
mitigating and aggravating factors.
Explain factors. Then case law. Use jurisprudence.
Then eplain opposition. And wh thei poposal isn’t adeuate.
The accused never does the full sentence.
Earned remission. The accused gets a credit worth half a day for every day they spend in custody, so
then generally only spend 2/3 of the time. The only way they spend more than 2/3 is if the prisoner
commits another crime while in custody.
Prisoners are sanctioned in jail. Street charged
Youth. 1/3 community (probation) 2/3 in custody. Only applies to jail time sentences, not open or
secured custody. Deferred is 100% community service.
1/3 of a sentence, criminal is eligible for parole. In order to be granted parole, the criminal must apply.
Everything is done within the jail. Most important aspect is risk to community. They ask if the person has
done the crime or not. They want insight on the offender.
Must haves-
i) Stable place to live
ii) must have a form of supervision who can sign off on good behaviour
iii) the plan must facilitate the reintegration of the offender back into the community
to contest denial of parole, the criminal must prove why the parole board misinterpreted the facts of
the plan.
Federal- parole officers puts together parole plea
Provincial- criminal does everything
2013- 130,000 per year to house an adult male offender.
find more resources at
find more resources at
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