LS101 Lecture Notes - Lecture 9: Conditional Sentence, Police Misconduct, Reasonable Doubt
8 Apr 2016
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Document Summary
Principles of the criminal law criminal law vs principles of civil law. Judges hold a high position in our system, their role is a serious and honourees role. They"re in charge of sentencing, decide the ultimate punishment. Criminal code describes fundamental purpose of sentencing. Sentencing have to contribute in respects to the law. To separate offenders from society and the public". To promote a sense of responsibility to offenders to make them realize what they did is wrong. Sentencing must be proportionate to the offence. Seriousness and harm done of crime is taken into consideration for sentencing. Most sentences in our criminal are maximums no minimums. Restitution: essentially a common law principle, principle for sentencing, not used a whole lot, you compensate the victim. Deterrence is based on a harsh sentence. A lot of offenders don"t care about going to jail- nothing better in life, nothing to lose if they go to jail.
