Purpose of Sentencing Flashcards
1
Q
Objectives of sentencing in CC and what is missing?
A
> denounce
deter
separate from society
assist in rehabilitating
provide reparations
promote a sense of responsibility and acknowledgement
punishment is missing
- infliction of pain does not achieve those goals
2
Q
what are retributive principles in sentencing?
A
individualization and proportionality
3
Q
what should judges consider when imposing a sentence?
A
the least restrictive
> mandatory minimums do not fit this principle, and undermines its legitimacy
4
Q
court determines sentence based on…
A
context and factors
> determines what is fair
> seriousness of offence and degree of responsibility
