what are common defences
- wrong person
- procedural
- justifications/excuses
- mental state
What is Not Criminally Responsible on account of Mental Disorder
- not responsible for behaviour at time of offence due to mental state
court decides
- detention in hospital
conditional or absolute discharge
What is fitness to stand trial
- mental state at time of trial
1. understand proceedings
2. consequences
3. communicate with counsel - psychiatric treatment until deemed fit to stand trial
What causes case delay
- lack of/ineffective resources
- complexity of criminal cases
- defence - efforts to lengthen time accused on remand
- two days off for every one day in remand
Who files appeals
either crown or defence at either the verdict or sentence or both
What factors lead to wrongful convictions
- tunnel vision on part of police and crown
- false confessions through interrogation
- crown fails to abide by law and professional ethics
- testimony of in custody informers
- defective, unreliable and unsubstantiated expert testimony
- mistaken eyewitness and testimony
What are important principles in sentencing
- proportionality
- principle of restraint
What are different goals of sentencing
- utilitarian - future conduct
- General deterrence
- specific deterrence
- certainty of punishment
- rehabilitation
- incapacitation
2.Retributive
- denunciation
- retribution - Restorative
What is utilitarian goal of sentencing
- future conduct
- General deterrence
- specific deterrence
- certainty of punishment
- rehabilitation
- incapacitation
What is retributive goal of sentencing
- denunciation
- retribution
what is an absolute discharge
- go free without criminal record
What is a conditional discharge
- subject under conditions
- no criminal record
What is a suspended sentence
- conditions
- criminal record
What is intermittent sentence
- serve time intermittently
- max 90 days
What is probation
- in community
- max length 3 years
What is conditional sentence of imprisonment
- more punitive and restrictive
- house arrest
- prison spent in community
How many years for prov/terr institution? federal?
two years less a day, two or more
when was death penalty abolished
1976
- replaced with mandatory life sentence without possibility of parole for 25 years
what are sentencing considerations?
- judicial discretion ->sentencing disparity
- limited by case law precedent and mandatory minimum sentences
-aggravating and mitigating factors - pre-sentence reports
- psychological assessments
- indigenous justice involved persons - GLADUE REPORT
- black - impact of race and culture assessment
- victim impact statements
What are aggravating factors
- increase punishment
what are mitigating factors
- decrease punishment
what is R.v Gladue
consider:
1. unique systemic or background factors that contributed to crime
2. sentencing procedures and sanctions that may be more appropriate for Indigenous offender
what are victims impact statements
- emotional/physical and financial impact
- community impact statements
What is circle sentencing
- draws from traditional Indigenous practises
- address needs of communities, victims, offenders
- reconciliation, restitution, reparation
