Textbook Notes (381,224)
CA (168,409)
UTSC (19,325)
Psychology (10,054)
PSYC39H3 (204)
Chapter 9

Chapter 9 Notes

7 Pages
102 Views

Department
Psychology
Course Code
PSYC39H3
Professor
David Nussbaum

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Chapter 9: Sentencing and Parole in Canada: Practices and Public Opinions
The structure of the Canadian Court System:
Major roles of courts in Canada include:
oHearing evidence
oDetermining guilt/ innocence
oRendering sentencing decisions across wide range of
Criminal
Civil cases
Courts in Canada are split into :
oProvincial /territorial courts
oFederal courts
Canadian courts form a 4 tier Hierarchy of legal superiority:
oWhere the ones at the higher level of the hierarchy posses more legal authority
oEssentially bound by rulings of the courts above them.
1.Administrative Tribunals: bottom layer of hierarchy
Not officially part of court system
Responsible for resolving disputes over administrative issues in both provincial
and federal courts
Ex: disability benefits, refugee claims, employment insurance.
Ex of provincial tribunal = liquor licensing board
Ex at federal level = National parole board
2.Provincial/ Territorial courts: lowest level of the actual court hierarchy
A.k.a inferior courts
Cases heard in these courts include both
oCriminal offences: traffic violations
oCivil offences: small claims
Cases at this level specialize I particular areas:
o`youth courts
oDrug treatment courts
oDomestic violence
These courts can hear appeals from administrative tribunals.
Military courts are at this ame level, they deal with offences by armed forces
members but not spoken of, but for purposes of this course wont be elaborated
on.
3.Provincial/Territorial Superior and Federal Court of Canada: next level up,
Primary role:
oAct as court of first appeal from lower level courts.
oTry the most serious criminal and civil cases.
oOften involve juries
Also specialize in particular areas:
oFamily law
Akin to this level is the Federal level, simply referred to as the Federal Court of
Canada.
Primarily serves to:
o Review administrative decisions made by federal administrative
tribunals
www.notesolution.com
oEx: immigration, intellectual property, and maritime law
oSpecialized court here is the:
Tax court of Canada.
4.Provincial/territorial and Federal courts of appeal: above these courts.
Function of these courts is to:
o Review decisions rendered by superior-level courts
oDo not normally conduct trials or hear evidence from witnesses
Finally top of the court chain is the Supreme Court of Canada (SCC): created in 1875
This is the final court of appeal
Case must have been appealed in relevant courts lower in the chain before comes
here. Even then there are very limited rights to appeal to the SCC.
Fuction of the SCC include:
oGuidance to the federal gov on law related matters, ex: interpretation of
the Canadian Constitution.
SCC consists of:
o8 judges + the chief justice (currently Beverly McLachlin)
All appointed by the Federal government
Sentencing in Canada:
Process defined as:
oJudicial Determination of a legal sanction upon a person convicted of a crime
Purpose of sentencing: to change the behavior of both convicted offenders and the general public,
more specifically 2 deterrence exist:
1.Specific Deterrence: sentencing in order to reduce probability that an offender will reoffend
in the future.
2.General Deterrence: Sentencing in order to reduce probability that members of the general
public will offend in the future
Criminal code lays out explicitly various purposed of sentencing to provide judges with a
guideline in making sentencing decisions.
Other objectives are to:
oDenounce unlawful conduct
oSeparate offenders form society
oRehabilitate offenders
oProvide reparations for harm done to victims or community
oPromote sense of responsibility
Facts about sentencing:
Judges often consider more than one goal. Ex: when prison sentence given, this both reduces
probability of re-offending as well as separating them from society.
Goals can be incompatible with one another. Ex: 25 years in prison, is keeping them away
from society, but not an effective way of rehabilitating them.
Different judges hand down sentences for different reasons. Ex: one judge might sentence
promoting sense of responsibility, while another over same issue may sentence to deter
general public from violating the law.
The Principles of Sentencing:
Numerous sentencing principles exist meant to guide sentencing decisions, these are laid out in
Criminal Code, specifically:
The Fundamental principle of Sentencing: the belief that sentences should be proportionate
to the gravity of the offence and the degree of responsibility of the offender.
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Description
Chapter 9: Sentencing and Parole in Canada: Practices and Public Opinions The structure of the Canadian Court System: Major roles of courts in Canada include: o Hearing evidence o Determining guilt/ innocence o Rendering sentencing decisions across wide range of Criminal Civil cases Courts in Canada are split into : o Provincial /territorial courts o Federal courts Canadian courts form a 4 tier Hierarchy of legal superiority: o Where the ones at the higher level of the hierarchy posses more legal authority o Essentially bound by rulings of the courts above them. 1. Administrative Tribunals: bottom layer of hierarchy Not officially part of court system Responsible for resolving disputes over administrative issues in both provincial and federal courts Ex: disability benefits, refugee claims, employment insurance. Ex of provincial tribunal = liquor licensing board Ex at federal level = National parole board 2. Provincial/ Territorial courts: lowest level of the actual court hierarchy A.k.a inferior courts Cases heard in these courts include both o Criminal offences: traffic violations o Civil offences: small claims Cases at this level specialize I particular areas: o youth courts o Drug treatment courts o Domestic violence These courts can hear appeals from administrative tribunals. Military courts are at this ame level, they deal with offences by armed forces members but not spoken of, but for purposes of this course wont be elaborated on. 3. Provincial/Territorial Superior and Federal Court of Canada: next level up, Primary role: o Act as court of first appeal from lower level courts. o Try the most serious criminal and civil cases. o Often involve juries Also specialize in particular areas: o Family law Akin to this level is the Federal level, simply referred to as the Federal Court of Canada. Primarily serves to: o Review administrative decisions made by federal administrative tribunals www.notesolution.como Ex: immigration, intellectual property, and maritime law o Specialized court here is the: Tax court of Canada. 4. Provincial/territorial and Federal courts of appeal: above these courts. Function of these courts is to: o Review decisions rendered by superior-level courts o Do not normally conduct trials or hear evidence from witnesses Finally top of the court chain is the Supreme Court of Canada (SCC): created in 1875 This is the final court of appeal Case must have been appealed in relevant courts lower in the chain before comes here. Even then there are very limited rights to appeal to the SCC. Fuction of the SCC include: o Guidance to the federal gov on law related matters, ex: interpretation of the Canadian Constitution. SCC consists of: o 8 judges + the chief justice (currently Beverly McLachlin) All appointed by the Federal government Sentencing in Canada: Process defined as: o Judicial Determination of a legal sanction upon a person convicted of a crime Purpose of sentencing: to change the behavior of both convicted offenders and the general public, more specifically 2 deterrence exist: 1. Specific Deterrence: sentencing in order to reduce probability that an offender will reoffend i
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