Updates and background for this project (Digest)

Terms of reference
Participants
Officers of the Commission
List of recommendations

BACKGROUND TO THIS REPORT

Issues Paper 27
Consultation process
Submissions overview
Conferences and seminars

2. Sentencing procedure

INTRODUCTION

SENTENCING - GENERAL PRINCIPLES AND CURRENT PROCEDURES

The sentencing hearing
Factors judges may consider
Aggravating and mitigating factors
Victim Impact Statements
Sentencing guidelines
Purposes of sentencing
Constraints on sentencing discretion
Sentencing options
Non-parole periods
Reaching a sentencing decision
Who may have input into sentencing?
Courts
Parliament
The parties
Victims
Specialist bodies
The media and the public
The jury

INTRODUCTION

RECOMMENDATIONS FOR LENIENCY

ASKING JURIES TO DETERMINE SPECIFIC FACTS RELEVANT TO SENTENCING

OTHER JURISDICTIONS

Recommendations as to parole eligibility in Canada
Jury sentencing in the United States of America
Jury sentencing in capital crimes
Jury sentencing in non-capital offences
Commentary on jury sentencing in the United States
Mixed jury panels
Requirement to provide reasons for verdict
Conclusion

INTRODUCTION

PUBLIC CONFIDENCE IN SENTENCING DECISIONS

IMPLICATIONS FOR A FAIR TRIAL

Unfairness to accused
Jury could compromise on the verdict

In camera consultations
Unfairness to jurors

Timing of consultations
Immediately following the verdict
Waiting until the sentencing hearing
Jurors’ information needs
Cost and delay

5. Sentencing and public opinion

INTRODUCTION

DEALING WITH PUBLIC PERCEPTIONS

Studies on public perceptions of sentencing

Need for continued research
Community education strategies
Role of the Sentencing Council
Clearly articulated reasons for sentencing
Plain English publications
Working with the media

List of submissions

Table of cases
Table of legislation