LAWS 2302 Lecture Notes - Lecture 2: Correctional Service Of Canada, Mens Rea, Actus Reus
18 Feb 2016
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Criminal law january 20th 2016- justice brune guest lecture. Judges test credibility- this affects most definitely the strength of the evidence. Judges need to let people speak- be polite, open, diligent, etc. this is a newer practice. Sentencing and punishment: the code doesn"t include mitigating factors"- s. 72 includes a lost if aggravating factors the person too, very individual based process. Not just about the legislation, it involves: the fact someone went to court (ie couldn"t make a plea bargain) is a neutral factor, neither mitigating nor aggravating. Everyone has the right to a fair trial: in the us, having sentencing guidelines can be positive. A new trial can be ordered, but you sentence someone on the facts vii)intermittent sentence- r v. roper- wasn"t allowed to stay in hometown jail. The courts overrode corrections canada so as not to allow the precedent of allowing the convicted their choice of institution. Pre-sentence report (psr)- contains background history of the offender. viii)
