Class Notes (836,128)
Canada (509,645)
Sociology (4,077)
SOC346H5 (54)


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Nicole Myers

Ch.2 Readings A Brief History of Punishment & Sentencing Punishment In Ancient Communities  The common forms of punishment in ancient communities were capital punishment, physical mutilation, confiscation of property, exile and loss of civil status  In the Roman Republic, from 509 Bc onward, the death penalty was the usual punishment for crime although conviction for some offences was followed by orders for compensation  From the middle of the second century BC, courts were used to adjudicate guilt for some offences, but sanctions were stipulated expressly in statues.  This marked the beginning of the evolution from private to public conceptions of the criminal law. Punishment in the Middle Ages  The criminal law was enforced by various institutions and individuals including the sovereign, local lords, the church, and local courts  In England Henry II began building prisons but these were generally intended for debtors, trespassers, and those convicted of contempt and other lesser offences  On the continent, imprisonment was little used  It was usually restricted to confinement for those who could not pay fines or as an alternative to capital punishment Europe Before the Birth of the Penitentiary  Corporal punishment also included various forms of branding and mutilation, used ostensibly to permit judges to identify recidivists but also intended to encourage public shame. A Brief History of Sentencing in Canada  Criminal law in Canada, including the law of sentencing, now derives almost entirely from the Criminal Code  Enacted in 1892, the first comprehensive code owed a great deal to English antecedents.  An enactment in Upper Canada in 1833 not only dramatically reduced the availability of the death penalty but also provided a framework for other penalties.  After that date, the only capital crimes were murder, treason, rape and carnal knowledge of a girl under ten years of age, robbery, burglary, arson, buggery and bestiality.  Only specific offence dealt with by this sect
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