NCJ Number
104999
Date Published
1986
Length
98 pages
Annotation
This report argues that Canada's present system of classifying offenses has many deficiencies and then proposes a new and simple way of classifying all Federal offenses.
Abstract
Under the proposed scheme, all Federal offenses would be classed as crimes or infractions, and only crimes would merit punishment by a prison term. The proposed criminal code does not include infractions, but divides crime into two categories: those punishable by more than 2 years imprisonment and less serious crimes which carry a maximum sentence of 2 years. The present system classifies offenses as either punishable on indictment, punishable on summary conviction, or punishable by either indictment or summary conviction (hybrid offense). The report highlights this system's shortcomings and emphasizes that it is more the result of historical accumulation than any particular design. It details a new classification system which tries to indicate how an offense falling within a certain class will be dealt with at various stages of the criminal process. The report argues that hybrid offenses contained in the present Criminal Code may violate constitutional rights and introduce an unnecessary measure of uncertainty into criminal laws. Appendixes list offenses contained in the Criminal Code and selected sentencing data for some hybrid offenses. A French version of the report is provided.