Citation

Brodeur JP. Behav. Sci. Law 1989; 7(1): 25-49.

Copyright

(Copyright © 1989, John Wiley and Sons)

DOI

10.1002/bsl.2370070104

PMID

unavailable

Abstract

The Canadian Sentencing Commission released its report in 1987. The article draws on the research conducted on behalf of this commission to present a critical overview of the problems of sentencing in Canada. The reform proposed in the commission's report is also discussed. First, the U.S. and the Canadian sentencing systems are contrasted with regard to the issues of determinacy in sentencing, appellate review, and federal jurisdiction. Second, the main problems are identified, namely, disparity, the overuse of incarceration, and the gap between what the sentencing process claims to be doing and its actual operation and effects. Several instances of the divorce between appearance and reality in sentencing are provided and their impact is assessed. Third, the reform proposed by the Canadian Sentencing Commission is outlined and the consequences of adopting a model based on the principle of proportionality are underlined. The article concludes by contrasting two strategies to control the growth of prison populations.

Language: en