LAWS 2302 Lecture Notes - Lecture 1: Parole Parole, Dangerous Offender, Assault Causing Bodily Harm
18 Apr 2018
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Document Summary
Individual is arrested (custodial arrest when cops are present) Individual is released or is placed in custody. Individual calls lawyer (first contact with legal counsel) If the individual is deemed not guilty they go home. If the individual is found guilty, they go to sentencing. Sentencing is the process, the punishment is the consequences (community service, fine, or jail) Criminal code 1892 was based heavily on the stephens english draft code 1879. Federal prison is for sentences for 2 years more. Provincial prison is for sentences less than 2 years. In 1867, the constitution stated criminal law was a federal matter, therefore under federal statue. Stare decisis two similar things have the similar punishments and are dealt with the same. Mandatory minimums are set punishments for certain crimes. Disparity is a problem in court cases (victim statements, priors) Sentencing hearings can last 10 mins to a couple days.
