Mandatory Minimum Sentences of Imprisonment: Exploring the Consequences for the Sentencing Process

In this article, the author discusses the nature and consequences of the mandatory sentences of imprisonment created by Bill C-63 in 1995. These mandatory sentences constitute the most comprehensive collection of mandatory minima in Canadian history, and will affect significant numbers of offenders. Unlike most mandatory minima created in other jurisdictions such as Australia, England, and Wales, the legislation that created the firearms offence minima offer no provision to be invoked in exceptional cases. In this article, the author addresses the effect that these new statutory minima am likely to have on sentencing patterns It is argued that they should not have an inflationary effect on sentence lengths for all firearms offences, and certainly not for other, unrelated crimes. Allowing the new mandatory minima to inflate sentencing lengths would cause considerable damage to the architecture of the sentencing system. Such a change would also be inconsistent with the codified principles of sentencing. The article concludes by reiterating a proposal to promote a more rational and coherent sentencing policy development: creation of a Permanent Sentencing Commission

Criminal History Enhancements Sourcebook

Criminal history scores make up one of the two most significant determinants of the punishment an offender receives in a sentencing guidelines jurisdiction. While prior convictions are taken into account by all U.S. sentencing systems, sentencing guidelines make the role of prior crimes more explicit by specifying the counting rules and by indicating the effect of prior convictions on sentence severity. Yet, once established, criminal history scoring formulas go largely unexamined. Moreover, there is great diversity across state and federal jurisdictions in the ways that an offender's criminal record is considered by courts at sentencing. This Sourcebook brings together for the first time information on criminal history enhancements in all existing U.S. sentencing guidelines systems. Building on this base, the Sourcebook examines major variations in the approaches taken by these systems, and identifies the underlying sentencing policy issues raised by such enhancements.The Sourcebook contains the following elements:A summary of criminal history enhancements in all guidelines jurisdictions;An analysis of the critical dimensions of an offender's previous convictions;A discussion of the policy options available to commissions considering amendments to their criminal history enhancements;A bibliography of key readings on the role of prior convictions at sentencing

Structuring Judicial Discretion in China: Exploring the 2014 Sentencing Guidelines

In recent years, a range of western jurisdictions has introduced reforms designed to restrict and guide judicial discretion at sentencing. The reforms enacted include mandatory sentencing laws and guiding statutes prescribing sentencing purposes and principles as well as important aggravating and mitigating factors. However, formal guidelines are the most promising and well-studied innovation. We may now add China to the growing list of countries that have recognized the utility of guidelines. Over the past decade, China has slowly developed sentencing guidelines for its courts. The new guidelines contain both general directions with respect to the determination of sentence as well as specific numerical guidelines for common offences. The guidelines do not follow the approach taken by the US schemes, many of which employ a two-dimensional sentencing grid. Instead, China has adopted a strategy consisting of “Starting Point” sentences which are then adjusted by the court to reflect relevant mitigating and aggravating factors. This approach is much closer to the guidelines developed in England and Wales and those proposed but not yet implemented in New Zealand and Israel. In this article, we explore the new Chinese guidelines and provide a limited comparative analysis with guidelines in other jurisdictions. England and Wales is selected as the principal comparator since it has developed and implemented a comprehensive system consisting of both offence-specified guidelines as well as generic guidelines

Sentencing and artificial intelligence

Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à Lei de Direitos Autorais, não disponibilizamos a obra na íntegra.Localização na estante: 34:004.8 S478