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LS101 – Oct.31.doc

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University of Waterloo
Legal Studies
LS 101
Frances Chapman

LS101 – Oct.31 31/10/2007 21:01:00 ← ← Writing Clinic – Nov. 6,8,13 (Andrea Sherritt) ← ← ESSAY ISSUES • Need to have a thesis in the first paragraph – should be able to point to exactly what you’re going to talk about (should have proof to back it up) • Do not use the same words in the same sentence or in back to back to sentences – vary your word choice, but use words properly • Do not use colloquial phrases – be formal • Be clear and simple (but still formal) • Get someone to read your paper for grammar • Latin terms in italics • Statutes in italics • Case names – R. v. Chapman (italics) • Citations in APA style – “Title) (Chapman, 2007: 555). (period at the end after the bracket). If you do not use the page number (or a false citation), it is plagiarism. – • For websites, first page must be printed off and put at the back of the essay • Academic sources are academic journals, textbooks and books • Justify! • Lead into your quotations with some of your own thought – do not start with a quote • Don’t use – don’t, couldn’t etc. • Quoting in the middle of a sentence “[y]outh” if it was Youth in the original quote ← ← SHORT FORMS • Awk – awkward • Ww – wrong word • Coll – colloquial • ? – cannot understand ← ← SENTENCING ← ← Past Oriented – Concerned with Blameworthiness 1) Restitution 2) Retribution 3) Denunciation Future Oriented or Utilitarian 1) Deterrence 2) Incapacitation 3) Rehabilitation CC 718 The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives a) to denounce unlawful contact b) to deter the offender and other persons from committing offences c) to separate offenders from society, where necessary d) to assist in rehabilitating offenders e) to provide reparation for harm done to victims or to the community f) to promote…..? Restitution – Fines • Comes from English common law • Compensate victim for their losses • Must take into account offender’s ability to pay • Summary conviction has a maximum of $2000 ← ← Retribution – Just Desserts – Lex talionis • An eye for an eye, a tooth for a tooth • ‘getting even’ • became popular when crimes began to be viewed as against the state • critics call it ‘state-sponsored revenge’ and say that there is no way to undo the harm that’s been done • repayment to society • victims feel better • must be proportional i.e. eye for an eye, not eye for a leg ← ← Denunciation • A statement • Emphasizes society’s condemnation of that behaviour • Educates the public and supports society’s values • An opportunity to express how much you disapprove of what was done, but also to give a second chance ← ← Deterrence • General deterrence – deter general public o Make this person an example that this is wrong o Critics say that this isn’t fair – the person doesn’t deserve such a harsh sentence • Specific deterrence o Nail them now so they never do it again o Critics – works better for instrumental/technical crimes, not crimes of passion o People may think about getting caught but they tend to think that they will get away with it, even if others didn’t o People who are down and out have nothing to lose o People know very little about the sentence they will get – don’t take it into account ← ← Incapacitation • People who are a threat to society • Serious/harmful crimes or repeat offenders (recidivism) • By putting them in jail, you are preventing them from committing crime and society is protected • Critics – hard to walk back into life from prison o Economic/family repercussions (e.g. if they are the breadwinner of the family) o More likely to get killed in jail – 14x o Huge stigma with being in jail • 718.2 o judges must consider all available sanctions other than imprisonment o absolute respect/consideration given to Aboriginal offenders because so much overrepresentation • summary – 6 months and fed penitentiary – 2 yrs and 1 day • intermittent sentence – serve on weekends, holidays o maintain family, job o usually no more than 90 days • concurrent/consecutive sentences ← ← Rehabilitation • Future oriented • Seen as lenient sentence; others humanitarian (need help, not in jail cell) • Rehab ideology today • Critics o People not motivated; hard to treat such a person o Many rehab programs are not effective ← ← SENTENCING OPTIONS ← Absolute and Conditional Discharge C.C. 730 • Results in a finding of guilt without the conviction being registered • The system says that a conviction should not be imposed – a record of the discharge is kept in Ottawa along with fingerprints and can be used if you are charged with another criminal offence • Relatively minor crimes (under 14 years or without a maximum) o Small drug arrests, first-time offenders and people that are
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