TRN305Y1 Lecture Notes - Lecture 11: Homicide, Fetal Alcohol Spectrum Disorder, Intersectionality
Document Summary
3) indigenous sentencing and r v gladue. 4) a critical exploration of criminal law. Probation most common sentence handed done by canadian courts. Custodial sentence 2nd most common sentence. Median length for all offences in canada 30 days. Only 3% are for 2 years or more. Attempted murder & homicide longest median. Indigenous offenders as most overrepresented population in canadian prison. Middle part of 20th century, steadly increased since then. Reasoning larger general trend that sought to encourage alternatives to. Recognition that cjs & sentencing phase should consider disadvantages that indigenous offenders faced as a result of intergenerational harm resulting from colonialism. Encouraged to consider how background factors relate to offender & circumstances of case. Indigenous identity may factor in this assessment. Belief that if historical/other background diffs are not recognized these conditions may be further exacerbated, individual further marginalized by decontextualized punishment. Supreme court"s observation in r v gladue.
