NCJ Number
26738
Date Published
1974
Length
73 pages
Annotation
WORKING PAPER ON SENTENCING AND DISPOSITIONS; WRITTEN TO INVITE PUBLIC DISCUSSION, THE PAPER DISCUSSES MAJOR ISSUES IN THE SENTENCING PROCESS, EXAMINES THE NATURE OF CRIME, AND SUGGESTS A CANADIAN APPROACH TO HANDLING IT.
Abstract
THE PAPER SUGGESTS THAT CRIME SHOULD BE RECOGNIZED AS A FORM OF CONFLICT; CRIMINAL LAW ASSUMES IMPORTANCE IN A ROLE OF CLARIFYING THE VALUES AT STAKE IN THAT CONFLICT. ARREST AND TRIAL AS WELL AS SETTLEMENT AND MEDIATION PROCEDURES ARE SEEN AS CARRYING AN EDUCATIVE AND SANCTIONING EFFECT WHICH CAN OPERATE AT THREE LEVELS: (1) PRETRIAL DIVERSION BY SETTLEMENT OR MEDIATION, (2) THE TRIAL ITSELF, AND (3) THE SENTENCE OF THE COURT. THE PAPER CONSIDERS SUCH ASPECTS OF SENTENCING PHILOSOPHY AS RESTITUTION. THE VICTIM'S CLAIM UPON SOCIETY FOR COMPENSATION FOR CRIMINAL INJURIES, DISPARITIES BOTH OF SENTENCES AND PRISON TERMS SERVED, PROPORTIONALITY OF SANCTION TO OFFENSE, AND FAIRNESS OF DECISION MAKING IN MATTERS AFFECTING PRISONERS' INTERESTS. THE ISSUES AND PRINCIPLES DISCUSSED IN THIS PAPER ARE INTENDED TO GUIDE THE CANADIAN LAW REFORM COMMISSION'S APPROACH IN MAKING SUBSEQUENT RECOMMENDATIONS. THE TEXT APPEARS IN FRENCH AND ENGLISH.