Class Notes (807,350)
Canada (492,715)
Sociology (3,969)
SOC209H5 (195)
Lecture 9

Lecture 9 Notes

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University of Toronto Mississauga
Paula Maurutto

Sentencing November 9, 2012 From last week: Problems with the charter  The charter mainly addresses individual rights  Police are highly critical of the charter: argue that the emphasis on legal rights (esp. section 7 and 14) hampers their ability to enforce the law, hard to detect, arrest, and successfully secure criminals  Sections 1 and 33 diminish the strength of the constitutional document Sentencing Classification of Offences Summary conviction  Less serious  Tried before judge in provincial, dealt with quickly  i.e. water skiing in the dark, impersonating an officer Indictable  Series offences  May involve preliminary hearings  May involve judges  i.e. murder, robbery, aggravated sexual assault Hybrid  Crown may decide whether to proceed with summary or indictable conviction Judicial Interim Release Bail  May not be denied without reasonable cause  Detention necessary prior to trial based on o Prior convictions o Other current charges o Previous failure to appear  Reasons for detention o Fear will not show up for court o Reoffend before court date o Have not arranged bail Remand  Up to 80% of provincial jail populations are prisoners on remand  Remand concerns – lack of treatment programming and services, uncertain length of stay  It may take 3-4 weeks to see a doctor and in that time if you have health issues or mental health issues, those can worsen during that time period Access to Legal Representation Right to retain legal counsel  Must be informed by police  Permitted to contact lawyer before providing statement  Must be given a toll-free number for duty counsel, if available Legal Aid  Provincial variation  No automatic right to legal aid  Stricter eligibility criteria and restrictions Most kids only appear with duty counsel because legal aid can be $40,000- $60,
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