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May 21 soc346.docx

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Nicole Myers

SOC 346 5/21/2013 6:59:00 AM The “Sad Life” Principle in Sentencing Mid Term Next Week 3 Questions with some choice, 10 marks each, Dominate themes, Questions to consider, Define trends, terms, Crime rate changes Follow Up SCC decision allow prosecutors to renege on plea bargain S 718.2 language is often confusing: Shall – judges are supposed to consider the AGV/MIT context of the offence and offenders These factors are not the only factors, individual judges may consider other factors Abusive of spouse, teens, young, trust relationships, Criminal Organization, Terrorism, previous criminal record, premeditated/ planned, degree of involvement, multiple victims, vulnerability of victim, victim impact- how much does the offence impact their life, multiple offenses, violence/weapon, threatened, Cruelty and Brutality, subject to court order- Bail/probation- disrespect to the order of the court, drug/alcohol use –AGV Factors Plead Guilty- may give less sentences, by play not guilty cannot be take as a factor of aggravating. Criminal Code does not list mitigating factors: First time offender- demonstration of out of character, rehabilitated potential, criminal justice system process may be already a punishment for first time offenders; Young ages; Mental health; No scales or clear guidelines for judges to consider the AVG/MIT factors weights Lack of aggravating leads to mitigating? Plea Guilty- Court not allowed S 718.2(E) 1996 Added to C.C – indicates direction from parliament for using restraint, custody. Encourages judges to consider other sentences before custody, special attention to aboriginal people Aboriginal People General population of 3%, 27% provincial admissions, 20% federal admissions Proportion in custody is higher than the proporti
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