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Sentencing for LS 102.docx

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University of Waterloo
Legal Studies
LS 202
Frances Chapman

Sentencing Sunday, March 31, 2013 2:35 PM History  Banishment (expulsion from a country)  Gaols (prison)  Corporal punishment (punishment physically inflicted on the body such as whipping)  Pillory (a wooden frame that an offender must stand behind with the heads and hands in holes)  Branding (public embarrassment) Penitentiary (federal facility operated by the correctional service for detaining prisoners)   Kinston Penitentiary (opened in 1835) Sentencing Principles  Retribution: punishment based on the idea that every crime needs payment in the form of punishment o "Just Deserts" o Lex talionis: an eye for an eye; the principle of retribution to seek punishment for offenders just as the victim has been hurt o Proportionality  Cruel and unusual punishment  defined by the courts as punishment that is grossly inappropriate to the crime Principles of Sentencing  Purpose of sentencing o Denounce unlawful conduct  Educative function  Supports societal values  Suspended sentences: the person does not serve time in prison but rather in the community  r.v. Fields o To deter the offenders from committing offences (specific and general)  General: harsh sentences aimed to deter other potential offenders  Specific: aimed to deter that specific offender from re-offending  Offenders are rational  Calculate the risk  Most offenders not think they will be caught  Most offenders do not know sentences  R. v. Ramage: custodial sentence (threat to society because they have committed a serious offence) o To separate offenders from society: imprisonment Recidivism   Less than 30 days= time spent at a local detention center  Less than 2 years = serve time in a provincial correctional facility  2 years plus a day= serve time in a federal facility  Concurrently (at the same time)/consecutively (one sentence
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