Canadian Mandatory Minimum Sentences

Paper Summary:

This paper explains that mandatory minimum sentencing (MMS) rests on aims of deterrence and of incapacitation so that a lawbreaker, who is likely to repeat an offense, is removed as a risk to the public. The author points out that critics of the criminal justice system indicate that, without MMS, immense discrepancies regarding punishment assigned for the same offenses by different parties would exist. The paper also relates that, under MMS, a judge, who is able to discern an irregular circumstance related to a crime, is no longer free to adjust what he or she hands down to an offender. The author concludes that, in Canada, at present, perhaps the strongest argument against MMS is the inadequacy of prison resources and community support services, which would be overloaded because MMS would involve more offenders being assigned to prisons.

Table of Contents:
Introduction
Minimum Sentencing in Canada
Defects in Minimum Sentencing
Concluding Remarks

From the Paper:

"Gabor & Crutcher noted how the existence of minimum penalties for an array of crimes to an extent simplifies court proceedings towards reduced court costs, but that these are more than realized in the prison system where many timeservers now incarcerated for minimum sentences. Another factor to be kept in mind is the mentality of a serious offender who may not resent serving prison time as much as he or she may be more adverse to community sentences involving instructions, conditions and probation supervision."

Sample of Sources Used:

• Gabor, T. and N. Crutcher. (2002). Mandatory Minimum Penalties - their Effects on Crime, Sentencing Disparities and Justice System Expenditures. Ottawa: Department of Justice Canada - Research and Statistics Division.
• Raafhaub, W.R. (2006). Mandatory Minimum Sentences. Ottawa: Library of Parliament - Law and Government Division, January 18.
• Roberts, J. (2005). Mandatory Sentences of Imprisonment in Common Law Jurisdictions - Some Representative Models. Ottawa: Department of Justice Canada.

More papers on Canadian Mandatory Minimum Sentences:

• Essay # 39201 : "Mandatory Minimum Sentences."
• Analytical Essay # 131087 : "Mandatory Minimum Sentencing in Canada"
• Argumentative Essay # 113632 : "Mandatory Minimum Sentences for Drug Offenders"

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