FINAL - Punishment 2 Flashcards
mandatory minimum punishment
form of determinant sentencing
truth-in sentencing
requires at least 85% of initial sentence to be served
wrongful convictions
** Huff - 0.5% cases estimated to be incorrectly convicted
causes: eyewitness error, forensic error, overzealous/unethical police and prosecutors
** Scheck - 63% of wrongful convictions are caused by dysfunctional prosecution
presumptive sentences (2 criteria, 4 purposes)
based only on severity of crime and prior criminal records
4 purposes: uniformity (similar sentences), neutrality (no extralegal impact), truth (ensures offenders truthfully serve imposed), control (over prison population)
victim participation
statement made by victims in court
first jurisdiction to use: Manitoba 1986
bill c-12 safe streets
march 12, 2012
- mandatory minimum sentences
- no drug trafficking, sex crime, child exploitation
miethe and moore
lowers discretion
violent offenders only in prisons
influenced judges and crowns to bend rules of court