Public Opinion of Statutory Maximum Sentences in the Canadian Criminal Code: Comparison of Offences Against Property and Offences Against People

• NCJ Number: 175833
• Journal: Canadian Journal of Criminology Volume: 39 Issue: 4 Dated: October 1997 Pages: 433-458
• Author(s): K S Douglas; J R P Ogloff
• Date Published: 1997
• Length: 26 pages
• Publication Format: Article
• Language: English
• Country: Canada

Annotation

This study surveys the general public and college students for their perceptions of offense seriousness and preferred and estimated maximum sentences for 15 Code offenses.

Abstract

An important principle of Canadian society and jurisprudence is the value of human life and safety. But the system of maximum sentences (maxima) in the Canadian Criminal Code appears to be inconsistent with this tenet. With the exception of offenses such as homicide, many offenses against the person have maxima less severe than those for offenses against property. This study compared responses of 155 participants with regard to their perceptions of offense seriousness and preferred and estimated maximum sentences. People considered offenses against the person as more serious and warranting greater maxima than property or white-collar offenses. They preferred maxima for offenses against the person which were greater than Criminal Code maxima and which were lower than Criminal Code maxima for property offenses. Preferred white-collar maxima did not differ from or were greater than Criminal Code maxima. Estimates of maxima were significantly inaccurate for 12 of 15 offenses. Estimated maxima, though largely incorrect, consistently were lower than preferred maxima. Tables, notes, references