PSY328H1 Lecture Notes - Lecture 6: Summary Offence
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Iow: differences in severity of sentences for similar crimes between judges or the same judge: single most important problem with sentencing (this is bc we need to be fair) Sources of sentencing disparity: extra-legal factors from two major sources, systematic disparity: refers to consistent disagreement among judges about sentencing. Could stem from personality, philosophy, experience (not that big of deal: unsystematic disparity: refers to a given judge"s inconsistency when judging similar cases. Could stem from mood, focusing on irrelevant stimuli. Considerations: best interest of the offender and not contrary to public interest. Exclusions: offence with minimum sentence (e. g. you did this the minimum time is 14 years to life) If you break absolute and conditional charge crown charges you with original sentence: probation: a set of rules offender must follow for a certain amount of time. Can be imposed on its own, as a suspension of sentence, or in addition to other sentencing options.