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ISBN: 9781552210291

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Law of Sentencing

The Law of Sentencing by Allan Manson is intended to provide a summary of the legal principles and rules that shape the current process of sentencing in Canada. The book will appeal to seasoned practitioners and law students alike.

Following a discussion of the historical and philosophical context in which sentencing occurs, the book then examines the decision-making methodology, particularly the relevant rules and principles that the judiciary applies when sentencing offenders. It explains the structure and procedure of the sentence hearing and provides a detailed account of all available sentencing options. Separate attention is paid to the specific issues of sentencing in homicide cases, and preventative detention. Finally it examines the appeal process and the role of appellate courts.

The book includes a postscript on the Supreme Court of Canada decision in R v. Latimer.

Contributors

Allan Manson

Allan Manson is Professor of Law at Queen’s University, specializing in the areas of sentencing and prison law. Prior to joining the faculty at Queen’s, he practised criminal law. He has also served as Deputy Judge on the Yukon Territorial Court. He is an Associate Editor of the Criminal Reports and has been a long-standing member of the Canadian Bar Association’s Committee on Release and Imprisonment. He is the author of numerous articles dealing with criminal law issues, co-author of the text Release from Imprisonment: The Law of Parole, Sentencing and Judicial Review (1990) and co-author of the casebook Sentencing and Penal Policy (2000). Professor Manson was Project Director of the Ontario Law Reform Commission study of the coroner system.

Chapter Title Abstract Contributors Pages Year Price

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Introduces the law of sentencing by discussing the scope of the criminal law and the roles of punishment and sentencing. 4 $0.40

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Provides a brief history of punishment, focusing on the birth of the penitentiary and the changing focus of punishment. A brief history of sentencing in Canada, specifically focusing on the … 26 $2.60

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Explores the justifications for punishment, including retributivist theories, consequentialist or utilitarian justifications, merged theories and communicative theories. 25 $2.50

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Discusses judicial discretion and the methodology of sentencing, focusing on the source of sentencing discretion, the current framework for discretion, the exercise of sentencing discretion and … 27 $2.70

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Outlines the substantive principles of sentencing, focusing primarily on proportionality, parity and restraint. The role of these principles in providing a framework for sentencing is also discussed. 15 $1.50

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Examines the set of rules available to resolve most of the sentencing problems which judges and lawyers will encounter, focusing on situations including cases of multiple sentences, youthful … 32 $3.20

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Discusses aggravating and mitigating factors, focusing on the role of both factors, statutory aggravating factors, judicially recognized aggravating factors and factors not to be treated as … 32 $3.20

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Discusses the sentencing hearing and its role of establishing the factual basis for sentencing, focusing on evidence, the 1996 amendments to the Criminal Code and the burden of proof, finding … 46 $4.60

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Considers sentencing options, including diversion, absolute and conditional discharges, probation, fines, restitution, specific prohibitions, intermittent sentences, imprisonment and conditional … 84 $8.40

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Discusses murder and manslaughter, focusing on definitions of first-degree murder, second-degree murder, manslaughter by reason of provocation, criminal negligence manslaughter and manslaughter … 22 $2.20

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Explores the question of preventive detention, focusing on its comparison with life sentences, the history of preventive detention in Canada, the dangerous offenders provision, preventive … 40 $4.00

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Discusses the role of the appellate court, focusing on the history of appellate review, as well as the relationship between the Supreme Court and deference. 11 $1.10

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Explores the future of sentencing, considering resources, the politics of victimization and the concept of restorative justice. 12 $1.20

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Examines the Supreme Court of Canada’s decisions in Latimer and Knoblauch and its effect on the law of sentencing. 13 $1.30