Learn: Criminal Law - Steps in a Criminal Case

Step #4: Decision & Sentencing

 

Amendment VIII ...nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The petit jury decides if the defendant is guilty or not guilty and the decision must be unanimous. A defendant must be found guilty “Beyond A Reasonable Doubt” or else set free. The judge then issued a sentence. Why do you think that standard of proof is so high for criminal cases?

In most common law jurisdictions, a criminal defendant has to be found guilty both in mind and in deed. But there are exceptions to the principle that "guilty mind" must be proved. True or false? Elaborate.

In Canada's legal justice system, sentencing is the process of determining the appropriate punishment for a person who has been found guilty of a criminal offense. Sentencing is a critical part of the criminal justice system as aims to balance, the interest of the offender, the victim and society as a whole.

1. The Supreme Court's decision was based on the notion that life sentences with no possibility of parole are " cruel and unusual punishment". Do you agree or disagree with this assertion? Why or why not?

I am doing a class discussion that I will be getting marks out of. Please answer the questions below THROUGHLY with real life proof so that i can get the full marks.

In Canada's legal justice system, sentencing is the process of determining the appropriate punishment for a person who has been found guilty of a criminal offense. Sentencing is a critical part of the criminal justice system as aims to balance, the interest of the offender, the victim and society as a whole.

1. The Supreme Court's decision was based on the notion that life sentences with no possibility of parole are " cruel and unusual punishment". Do you agree or disagree with this assertion? Why or why not?