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Lecture 2

LAWS 2302 Lecture Notes - Lecture 2: Mens Rea, Parole Board


Department
Law
Course Code
LAWS 2302
Professor
Mike Smith
Lecture
2

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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 they’ve had their say in court. Objective neutral. Up to date on the law.
Judge Brunet doesn’t 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 don’t reoffend. Mitigating
factors: no criminal record, pro social (work, family, job), remorse/pleading guilty,
age/health issues/ mental issue. Aggravating factor: breach of court (probation),
criminal record, weapons, and violence involved. Accused who goes to trial is
neutral (not aggravating/mitigating). 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 doesn’t take into account his age/mentally ill. They are too
broad. Doesn’t look at mitigating factors. Someone maintains his or her innocence
after pleading guilty. Pre sentence report where the probation officer meets with the
accused and they go against the judge who says there guilty. 1/3rd 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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