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Lecture

LWSO 203 Lecture Notes - Suspended Sentence


Department
Law and Society
Course Code
LWSO 203
Professor
Marywyatt Sindlinger

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Criminal Law Sentencing
1) Basic ideas
a) Crime as a public wrong
b) Public process
c) Punishment inflicted by the group against a group member
d) Intentional imposition of pain, suffering, or consequences designed to achieve a
desired result and justified by that result
2) Canadian Criminal Code Principles of Sentencing
a) S. 718 the sentence must be proportionate to the gravity of the offence and to
the degree of responsibility of the offender which is accomplished by looking at
the following:
i) Denunciation
ii) Specific deterrence
iii) General deterrence
iv) Incapacitation
v) Rehabilitation
vi) Reparation to the individual or community
vii) Promote a sense of responsibility in the offender for harm done
b) The Death Penalty
i) Issue: how do we as a society morally justify killing someone because of
wrong-doing?
ii) Possible justifications:
1) Deterrent
2) Retribution
3) Incapacitation
4) Issues: race and gender aspects as they relate to both the victim and
the offender as well as class issues
3) Types of sentences:
a) Sentences that do not result in a criminal record
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