LAWS 2302 Lecture Notes - Lecture 2: Mens Rea, Parole Board
Document Summary
You have to let people have their say in court (let witnesses talk). You need to be polite, and let people know they"ve had their say in court. Judge brunet doesn"t see himself as better then anyone else. Ultimate goal is to make sure they don"t reoffend. Mitigating factors: no criminal record, pro social (work, family, job), remorse/pleading guilty, involved. Judge brunet makes a plus minus chart and writes the mitigating and age/health issues/ mental issue. Aggravating factor: breach of court (probation), criminal record, weapons, and violence involved. Accused who goes to trial is neutral (not aggravating/mitigating). Also have to look at case law (suggested range for sentences). Sentencing is the hardest part of criminal law. Liberal government put in mandatory minimum sentences and the conservative government increased the sentences (if it was 4 years now its 5). Mandatory minimum sentences are meant to general and specific deterrence. Someone maintains his or her innocence after pleading guilty.
