WDW210 Lecture 10

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Published on 16 Apr 2013
School
UTSG
Department
Woodsworth College Courses
Course
WDW101Y1
Professor
Page:
of 4
MARCH 11th 2013
WDW210 Lecture 10
Tutorial:
- Need a strong thesis statement, and arguments
o “This paper will argue …. “ short and sweet
- leave the quote out for the body
- Why the reader is reading the paper, and the significant of it
- State the thesis statement
- “The first part, second, third, fourth part will look at this … “
- The use of subject headings; will help separate the paper and guide the reader
o Introduction
o Background of capital punishment
- Last paragraph before the conclusion include an implication
- Make sure there is a flow from all the paragraphs
Death Penalty (Academic resources)
- Talk about how Canada does not the death penalty
- Talk about how stats have shown that the major of Canadians favour death penalty
- Include international stats and data on death penalty
o The pros and cons
o Intro > background > perspective from Canadians > advantage >
disadvantage > stats from countries
Sentencing Issues and the Structure of Canadian Corrections
Bill C-43
- The faster removal of foreign criminal act to amend the immigration and foreign
refugee act (2013)
- Allows for the faster deportation of permanent residents who have been sentenced
to longer than 6 months (previously was a 2 year threshold)
- Does not distinguish between conditional and carceral sentences even though
conditional sentences are often longer then would be given to someone sent to
custody
- Deported after they serve their sentence double punishment
- Shifts the focus from more serious crimes (indictable offences) to petty summary
convictions
- Can be applied to anyone who is not legally a Canadian citizen, regardless of the
amount of time they have lived in Canada
- Removes due process; eliminates the opportunity for Appeal
- Will not take into consideration of whether the offender has lived in Canada their
whole life, whether the sentence is too harsh in comparison to general sentencing
practices, whether the offender poses a risk to society or not, whether the offender
may reoffend or whether the offender may be rehabilitated
- Passed its third reading in February 2013 and will probably be ratified given the
Conservative majority
MARCH 11th 2013
Is this cruel and unusual punishment?
- Those who came to Canada even as young children can now be deported without
appeal if convicted of a relatively minor offences
- Potentially subjects deportees to extreme danger/stigmatization in a “foreign”
country where they have no family ties or work history
- Forces the break up of families, can cause emotional trauma and economic
deprivation for both the offender and their family
- Intensifies the collateral damage associated with criminal punishment
o Does not only hurt the offender, but also the families and friends of the
offender
Factors that Determine a Criminal Sentence
- The Criminal Code (i.e., judicial discretion limited by the minimum and maximum
sentencing standards established by the law);
o Judge is restricted within those judicial discretions
- Aggravating circumstances;
o Harsher sentences
The nature and the patterns of offences, past histories
Risk factor for future offending
- Mitigating circumstances;
o Lessen the sentences
History, employment, the explanation for the offence
- Pre-sentencing reports, recommended sentencing from the crown and prosecutions,
bargaining of the sentences
Canadian Sentencing in 2004
- 445,650 criminal cases
- 58% found guilty; 36% of cases dropped or withdrawn; 6% acquitted
- 257,127 sentences delivered by the court
- Most serious sentences outcomes: 35% prison; 46% probation; 32% fines; 6%
conditional sentences; 3% other (estimations)
Length of Prison Sentences in Canada, 2004
- About a third received a period of incarceration
o And incarceration times are short
o 4% 2 or more years in a federal prison
Sentencing Issues in Canada
- Sentencing disparities
o Race, age, social class, gender, may have a profound impact
o Disparities on judges; some are seen as more lenient, others as harsher
judges (reputations)
o Disparities between courts to courts: Quebec more lenient than Ontario,
more lenient in Alberta
- Sentencing guidelines
o Unpredictable sentencing in Canada
MARCH 11th 2013
o Sentencing is considered an art form; don’t need a judge, just a formatted
computer
- Mandatory minimums
o The sentencing should be left in the hand on the judge
o Gun law in Canada is a hybrid offence (min: 6 months, max-min 3years)
Absolute discharge to 6 months in jail
o Hybrid offences
good for plead bargaining
- Truth in sentencing
o They want the offender to serve all the time that was sentenced to the
offender (must or should serve it all, 15% discount, but not 66% discount)
o If bought into play, the number of inmates would double, the cost would soar
o Taking away peoples incentives to behavior well, it will only create more
problems
- Conditional sentencing
o Including probation, parole, community sentencing
o What, how and what happens to the individuals when they violate the
conditions
o Some receive multiple conditions others receive few
- Diversion programs
o Different types; most common: pre-charged diversion, decisions made by
officers on the street, they have the discretion to steer the young offender out
of the justice system
o Argue that this is a sentence without a fair trial
o Some of the diversion programs comes with tuition fees that are paid to the
police “arrest for revenue”
o The individual offender must have the decision to opt for diversion before
trial (reduce the caseload)
Should be offered to first offenders after convicted; due process
- The death penalty
o Recent studies have shown that half the population wants to bring it in for
first degree murder
- Fines graduated fines; fine non-payment
o Should be based on how much you can afford
- Victim participation/ victims’ Rights
o Believe that the victim deserves to be in court, communicate how the
incident as impacted their lives, and have the right to say what the
sentencing should entail (judge would be more objective)
o There can be bias, unknown to the offender “violated my rights, should get
10 years”, know the offender “1 year, a slap on the wrist is enough”
- Re-integrative Shaming
o Sentencing circle, family and community should be an active part of this
o Making the accused aware of that they have done and the impact it has
caused
- House Arrest

Document Summary

Need a strong thesis statement, and arguments: this paper will argue . Wdw210 lecture 10 leave the quote out for the body. Why the reader is reading the paper, and the significant of it. The use of subject headings; will help separate the paper and guide the reader. The first part, second, third, fourth part will look at this : introduction, background of capital punishment. Last paragraph before the conclusion include an implication. Make sure there is a flow from all the paragraphs. Talk about how canada does not the death penalty. Talk about how stats have shown that the major of canadians favour death penalty. Include international stats and data on death penalty: the pros and cons, intro > background > perspective from canadians > advantage > disadvantage > stats from countries. Sentencing issues and the structure of canadian corrections. The faster removal of foreign criminal act to amend the immigration and foreign refugee act (2013)