Sentencing and Penal Policy (CRI3355H)

This course examines fundamental aspects of the Canadian sentencing system. While this course is primarily legal in its orientation, the aim is to augment the discussion of sentencing issues with philosophical and criminological literature. Students will examine relevant sections of the Criminal Code, leading case law and commentary, while also considering effective legal and policy advocacy. 

The course commences with a consideration of the philosophical dimensions of sentencing and an examination of certain empirical issues, such as problems in assessing the efficacy of deterrence theory. During the course, considerable emphasis is placed on legislative and judicial approaches to the sentencing function and the procedural aspects of the Canadian sentencing system. Topics for consideration include: proportionality, the role of the victim, collateral consequences, social context, sentencing of racialized and Aboriginal offenders, mandatory minimum sentences, plea procedure, imprisonment and parole.