Making Sense of Sentencing


Book Description

On 3 September 1996, Bill C-41 was proclaimed in force, initiating one significant step in the reform of sentencing and parole in Canada. This is the first book that, in addition to providing an overview of the law, effectively presents a sociological analysis of the legal reforms and their ramifications in this controversial area. The commissioned essays in this collection cover such crucial issues as options and alternatives in sentencing, patterns revealed by recent statistics, sentencing of minority groups, Bill C-41 and its effects, conditional sentencing, and the structure and relationship between parole and sentencing are clearly presented. An introduction, editorial comments beginning each chapter, and a concluding chapter draw the essays together resulting in a timely, comprehensive and extremely readable work on this critical topic. Broad in scope and perspective, this major new socio-legal study of the law of sentencing will be illuminating to students, members of the legal profession, and the general reader.




Final Appeal


Book Description

Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.




Building on The Decade of Disclosure In Criminal Procedure


Book Description

First published in 2001. This work has three aims. Firstly, to provide an examination of the history of the disclosure of information in advance of trial in criminal proceedings in England and Wales. This is done with reference to first principles, statutory and case law, and formal and informal practice norms. This examination will set the stage for the discussion of the law and practice of disclosure in England and Wales now in found in Criminal Procedure and Investigations Act 1996, its Code of Practice, and the expanding body of relevant case law, and the Attorney General’s Guidelines on disclosure (2000). Secondly, to provide a detailed discussion of the current law and practice of disclosure in England and Wales by closely examining the case law, statutory provisions and guidelines. Finally, to discuss the way forward. The Government has indicated its provisional views in the Command Paper, The Way Ahead. Various commentators have made suggestions as to how the disclosure regime might be reformed. Their ideas are discussed, and original ideas are presented. It is hoped that the discussion will assist in formulating the necessary reforms to the disclosure regime.







Criminal Injustice


Book Description

This volume examines racism within the process of criminal justice. In every society criminal justice plays a key role establishing social control and maintaining the hegemony of the dominant economic classes. The contributors to this anthology argue that the differential treatment of people of colour and First Nations peoples is due to systemic racism within all levels of the criminal justice system, which serves these dominant classes. Ideological and cultural changes are preconditions for the success of anti-racist policies and practices within the criminal justice system and within other state institutions. Recommendations for transformations in justice policy and practice are provided.




Betrayal of Due Process


Book Description

Betrayal of Due Process is a landmark study of the criminal justice systems of two common-law nations, the United States and Canada. By focusing on plea bargaining, which is one of the most dominant practices in the criminal justice system of both countries, Nasheri makes a historical comparison of guilty plea practices and ideologies. She draws on historical, criminological, sociological, and political perspectives to construct her argument. Because plea bargaining is a crucial part of the criminal justice system yet has received little scholarly attention, this much-needed book fills a wide gap in legal scholarship.




The Integrity of Criminal Process


Book Description

Criminal proceedings, it is often now said, ought to be conducted with integrity. But what, exactly, does it mean for criminal process to have, or to lack, 'integrity'? Is integrity in this sense merely an aspirational normative ideal, with possibly diffuse influence on conceptions of professional responsibility? Or is it also a juridical concept with robust institutional purchase and enforceable practical consequences in criminal litigation? The 16 new essays contained in this collection, written by prominent legal scholars and criminologists from Australia, Hong Kong, the UK and the USA, engage systematically with - and seek to generate further debate about - the theoretical and practical significance of 'integrity' at all stages of the criminal process. Reflecting the flexibility and scope of a putative 'integrity principle', the essays range widely over many of the most hotly contested issues in contemporary criminal justice theory, policy and practice, including: the ethics of police investigations, charging practice and discretionary enforcement; prosecutorial independence, policy and operational decision-making; plea bargaining; the perils of witness coaching and accomplice testimony; expert evidence; doctrines of admissibility and abuse of process; lay participation in criminal adjudication; the role of remorse in criminal trials; the ethics of appellate judgment writing; innocence projects; and state compensation for miscarriages of justice.




Wrongfully Convicted


Book Description

A top legal scholar explains Canada’s national tragedy of wrongful convictions, how anyone could be caught up in them, and what we can do to safeguard justice. Canada’s legal system has a serious problem: a significant but unknown number of people have been convicted for crimes they didn’t commit. There are famous cases of wrongful convictions, such as David Milgaard and Donald Marshall Jr., where the system convicted the wrong person for murder. But there are lesser-known cases: people who feel they have no option but to plead guilty, and people convicted of crimes that were imagined by experts or the police that never, in fact, happened. Kent Roach, cofounder of the Canadian Registry of Wrongful Convictions, award-winning author, and law professor, has dedicated his illustrious career to documenting flaws in our justice system. His work reveals that the burden of wrongful convictions falls disproportionately on the disadvantaged, including Indigenous and racialized people, those with cognitive issues, single mothers, and the poor. Wrongfully Convicted raises awareness about wrongful convictions at a time when DNA exonerations are less frequent and the memories of most famous wrongful convictions are fading. Roach makes a compelling case for change that governments have so far lacked the courage to make. They include better legislative regulation of police and forensic experts and the creation of a permanent and independent federal commission both to investigate wrongful convictions and their multiple causes. Roach’s research and vast knowledge point to systemic failings in our legal system. But he also outlines vital changes that can better prevent and correct wrongful convictions. Until we do, many of the wrongfully convicted are still waiting for the promise of justice. It is an issue that affects all Canadians.




Manitoba Law Journal: Criminal Law Edition (Robson Crim) 2017 Volume 40(3)


Book Description

Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors including: Richard Jochelson, Amar Khoday, David Ireland, Kent Roach, R. C. L. Lindsay, Michelle I. Bertrand, Andrew M. Smith, Marie Manikis, Peter Grbac, Amar Khoday, Jonathan Avey, Jeffery Couse, Rebecca Bromwich, Joshua Watts, Michael Weinrath, John Burchill, Dmytro Galagan, James Gacek, Julie Yan, Michelle S. Lawrence, and Melanie Murchison.