Mandatory Minimum Sentences in Canada Essay

The Canadian criminal justice system is often represented by the balanced scales of justice. These scales symbolize the need for the law to be viewed objectively in order to ensure a fair determination of innocence. Ideally, the criminal justice system should incorporate the values of the scales of justice to control crime and impose penalties on those who violate the law (Jordan, 2014). When dealing with crime, this system mainly uses methods of retributive justice in order to achieve its goals. However, despite justice being supposedly impartial, there is an overwhelming amount of injustice in all stages of the criminal justice process, from the charging of the individuals in court to their sentence in prison (Jordan, 2014). To combat this

Canadian Criminals are a major part of Canadian society. In our country if you were not the direct victim of a crime you tend to forget the members of society that take pleasure in causing societies grief. As in the case of James Hutchinson and Richard Ambrose, whose crimes were committed in December of 1974.1 They were convicted of killing two Moncton City Police officers. Today, years after the murders were committed Ambrose and Hutchinson are still the center of a major controversy that has plagued our parole system. In order to fully understand the controversy that Ambrose and Hutchinson posses you must look at the

Capital punishment is crime's most dreaded consequence, death. Hanging was Canada's form of capital punishment up until 1976 when it was abolished. Webster's Dictionary defines capital punishments as: "The penalty of death for the commission of a crime." (Webster's, 1994, 43). The chance of capital punishment being reinstated in Canada has been very slim up until now. Recently the Canadian Alliance Party has put forth efforts to reinstate it, which has put the controversial topic back up for debate. This has divided many Canadians concerning their beliefs. Capital punishment should never be reinstated in Canada as it is a barbaric practice that is unjust. This essay will clearly demonstrate that reinstating capital punishment

In the U.S. the “War on Drugs” has been at the forefront of debates and discussion since it was formally declared by President Nixon in 1971. This war continues to have many problematic consequences today, the most notable being mandatory minimum sentencing laws for drug offences. This issue has been extensively researched by Kieran Riley with an article in the Boston University Law Journal titled “Trial by Legislature: Why Statutory Mandatory Minimum Sentences Violate the Separation of Powers Doctrine”, Paul Cassell and Erik Luna with a peer-reviewed scholarly article titled “Sense and Sensibility in Mandatory Minimum Sentencing”, and the Families Against Mandatory Minimums organization with a policy report. All of these sources came to the same conclusion, that the many negative aspects of mandatory minimums far outweigh the few positive aspects. Mandatory minimum sentencing laws for drug offenses that unfairly incarcerate people are against the fundamental values of the American criminal justice system and should be repealed.

The Canadian criminal justice system consists of multiple roles in order to sustain a well-working government system. The system is put in place in order to keep safety, equality, peace and fairness. There are four main functions of the criminal justice system that are interrelated segments that help protect a society from crime. The criminal justice system consists of policing, courts, corrections and parole. The component of the Canadian Criminal Justice System that will be discussed is about the process and function of the courts.

Three salient points from the films/lectures were assessments of change from the five stages of change model (Norcross, j. c., n.d.), the Fair Sentencing Act for mandatory minimum sentences (American Civil Liberties Union, 2010), and eliminating government involvement in regulation of drugs and alcohol substance, while allowing the various states to manage control (ABC News.com, 2007).

The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my

In the article “Mandatory Minimum Sentencing: A Failed Policy,” the author highlights how mandatory minimum sentencing is a policy that has failed in attempt to put an end to drug crimes. Batey stated that the attempts of federal and state thought that they could “get tough on crime,” particularly drug offense, by eliminating the sentence discretion of judges and restoring it with long minimum sentences that applied regardless of defendant's individual circumstances (Batey 24). Moreover, the mandatory minimum sentences take authority away from the judge and give it to the prosecutor, who decides whether to charge the defendant with a crime carrying a long minimum sentence or much less offense. Withal, mandatory minimum sentences have failed due to giving America’s power too much power in plea bargaining, an imbalance that has led to the incarceration of persons too fearful to insist on a hearing that might have released them (Batey 25). Finally, Batey mentions that mandatory minimum sentence policy has filled prisons with the wrong people, which are minor players, not drug kingpins, and even some who are innocent (Batey 25).

In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who

The death penalty also known as capital punishment “is a government sanctioned punishment whereby a person is put to death for a crime.” (Kronenwetter 2001) The death penalty has been and continues to be a topic of debate in Canada and America. In Canada it was formally abolished but in America the death penalty still stands in some states. First degree murder, treason, and espionage are some of the crimes punishable by death in the U.S. Many believe that capital punishment should be reinstated in Canada and others are against it. Although there is controversy about bringing capital punishment back the House of Commons will not allow it. This essay will examine this topic by examining the arguments in favour of the death penalty

Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against

A crime against the state is seen as a violation of the rule of law, while crime against people is seen as a violation of human rights, and both conditions lead to the punishment of the offender befitting the crime. In this process of achieving justice, those highly impacted by these wrong actions are often ignored; the battle between the offender and the Crown often makes the victim, a mere spectator. The Canadian Criminal Justice System is continuing to do its best in addressing the dissatisfaction victims feel towards the authorities. However, study of literature shows that although victim rights have come a long way and are continuing to develop further, they are not successful in addressing the concerns of the victim. The article, “Crime

As violence becomes an increasing concern among Canadians, people are calling for the reinstatement of capital punishment. This controversial issue has been ailing politicians and public morality since its abolition in 1976. As one examines the arguments for and against the reinstatement of capital punishment; examples of modern day cases dealing with capital punishment; and statistics on such cases, one can better appreciate the reasons why this barbaric form of punishment should remain in the past.

A mandatory minimum sentence occurs when judicial discretions are limited by law (Famm). Those who are convicted of certain crimes must be punished with at least the minimum number of years depending on the offense. Amanda Dollak who received her criminal justice degree at CTU, states “Mandatory sentences require every individual to receive the same punishment for similar offenses, regardless of how much a judge may object to the sentence”. These mandatory sentencing laws however vary from state to state, and in other countries. In 1994 California introduced a policy called “3 strikes you’re out”, which meant after a third criminal conviction the arrested person would be

Each year in America many people received prison sentences for crimes that pose little if any danger or harm to our society. Mandatory Minimum Sentencing in the American Justice System has long been argued by both Lawmakers and the public. We will go over some of the history of mandatory minimum sentences as well as the many pros and cons to these types of sentences. Some examples of pros and cons are the overall effect on public safety, the effect on the offenders, the cost to taxpayers, the lack of discretion for Judge’s, and whether the law should be repealed.