Class Notes (838,786)
Canada (511,086)
Sociology (4,081)
SOC209H5 (195)
Lecture 11

Lecture 11 Notes

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Paula Maurutto

SOC209 Final Lecture November 23, 2012 Jury Trial  Usually only used in serious offences, not available to young offenders, only adult offenders o Sometimes young offenders will be asked to be tried as an adult offender in order to have a jury present **Strongly urged to look at the advantages and disadvantages of plea-bargaining (Nov.9 lec) Trial Evidence  Testimony o Sworn and expert witnesses (they have to be sworn in), both written and oral statements, cross-examination, exclusion of hearsay (report of another person’s words by a witness, usually disallowed as evidence in a court of law) evidence  Real Evidence o Weapons, fingerprints, original and duplicates  Direct evidence o Eye witness observations  Circumstantial evidence o Subsidiary (less important but still relevant) fact form which inferences may be made The accused does not need to testify, they have the right to be free from incrimination Victim impact statements have become a controversial issue – this is where victim’s can prepare a statement that is read to the court  Do judges take victim statements into consideration when determining their sentence? o Most judges say no, it has almost no bearing on their sentencing Purposes and Principles Purposes of Sentencing:Denounce, Deter, Rehabilitate, Reparation, Protect,Accountability (DDRRPA)** Acronymto help remember!!!  Denounce (publicly declare to be wrong or evil) unlawful conduct, if you engage in unlawful conduct, you will be punished  Deter the offender and other persons from committing offences  Sentencing is designed to assist in rehabilitating offenders  Providing reparation (make amends; repairing what was done wrong) for harm done to the victim or to the community  Protect the society  Accountability for actions General Principles  Some argue that minimum sentences contravene the proportionality of the crime o When you legislate mandatory minimums, you no longer allow judges to decide what is proportionate (punishment should be proportional to the crime)  Parole is something that is offered only to adult offenders – there is no parole in Canada for young offenders  Most Aboriginal offenders are more likely to be detained by the courts because the courts will consider them a high risk o If you are aboriginal you are almost guaranteed to score high risk o Some of the questions they look at for risk assessment are: education, family dynamics Aggravating Factors 
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