SOC346H5 Chapter Notes - Chapter 4: Mandatory Sentencing
Document Summary
Before the 19th century, most felonies were capital offences. The move away from the pervasive use of capital punishment relied originally on transportation, and then on imprisonment. This is the challenge which the criminal code presents: maintaining discretion, encouraging creativity and still ensuring consistency and fairness. The exercise of sentencing discretion: the traditional approach. The circumstances surrounding the commission of an offence differ in each case so that even for the same offence sentences may justifiably show a wide variation. These comments reflect the acceptance of a sentencing methodology which is guided by the choice of objective, or objectives, which suit the circumstances of the case. Sentences are closely related to the individual judge"s experience and sentencing philosophy: range, tariffs, and individualization. 1982 canadian sentencing handbook prepared by the canadian association of. Provincial court judges advocated the blending imperative from willaert.
