NCJ Number
142632
Journal
Behavioral Sciences and the Law Volume: 7 Issue: 1 Dated: (1989) Pages: 25-49
Date Published
1989
Length
25 pages
Annotation
A critical overview of sentencing problems in Canada is presented that focuses on a 1987 report of the Canadian Sentencing Commission (CSC), differences between the U.S. and Canadian sentencing systems, and reforms proposed by the CSC.
Abstract
The CSC was directed to review all statutory maximum and minimum penalties and to develop sentencing guidelines. It was also instructed to assess the impact of presentencing practices such as plea bargaining, and postsentencing practices such as parole, on the sentencing process. Differences between the U.S. and Canadian systems are noted with respect to determinate sentences, appellate review, and Federal jurisdiction. Main sentencing problems in both countries are identified, including disparity, the overuse of incarceration, and the gap between what the sentencing process claims to be doing and its actual operation and effects. Several examples of the differences between appearance and reality in sentencing are identified and assessed. Reforms proposed by the CSC are outlined, and the consequences of adopting a sentencing model based on the principle of proportionality are discussed. The article concludes by contrasting two strategies to control prison population growth. 55 references and 2 tables