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Lecture 7

POL 151 Lecture 7: POL 151 - Lecture 7
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Department
Political Science
Course
POL 151
Professor
Clare
Semester
Spring

Description
POL 151 - Lecture 7 Purpose of Sentencing Deterrence: court considers the risk of offender repeating the offense Denunciation: court considers the offender blameworthiness and the potential harm he/she pose to society Separation of the offender from the public: protecting society from harm Rehabilitation: factors that contributed to the offense Reparation for harm: how to restore victim to pre-crime situation Who should decide? Judges - judicial independence, trial judges provide detailed information, appellate courts monitor consistency enforce s.12 of the Charter Politicians - democracy & rule of law, mandatory minimum sentences reduce judicial discretion Who else influences sentencing process victim impact statement, public campaigns, pre-sentence reports, defense, and prosecution Reading Cases Look at the questions of law Facts of the case Look at the opinion (dissenting, unanimous, majority, concurring) R v Nur Case Analysis Facts: 1. N & C convicted by indictment of possessing readily loaded prohibited firearms (an offence under s.95, Criminal Code) 2. Code set mandatory minimums of 3 yrs & 5 yrs; N & C sentenced to 3 yrs 4 mths & 7 yrs 3. Ns case: hybrid offence: max sentence if summary: 1 yr min if by indictment: 3 yrs Questions of law: 1. Do the mandatory minimum sentences violate s.12 of the Charter (cruel and unusual punishment)
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