风平浪静?21世纪考验加拿大长期存在的量刑政策

IF 3.6 2区 社会学 Q1 CRIMINOLOGY & PENOLOGY
A. Doob, C. Webster
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引用次数: 17

摘要

与许多西方国家相比,加拿大的量刑结构及其对监禁的总体影响在过去一个世纪里没有发生显著变化。在很大程度上,议会把量刑交给了法官。一般来说,监禁被视为一种必要的罪恶,应该谨慎使用。1996年制定的量刑原则在很大程度上反映了现状。然而,在2006年至2015年期间,情况发生了戏剧性的变化。执政的保守党政府一再试图限制司法自由裁量权。监狱被吹捧为解决犯罪的办法。量刑立法中引入了大量出于政治动机的修改。也许令人惊讶的是,这些变化很少对大量人群产生重大影响。到2015年10月保守党选举失败时,监禁率并没有明显的变化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Weathering the Storm? Testing Long-Standing Canadian Sentencing Policy in the Twenty-First Century
In contrast with many Western nations, the structure of Canadian sentencing and its overall effects on imprisonment did not change dramatically over the past century. To a large extent, Parliament left sentencing to judges. Broadly speaking, imprisonment was seen as a necessary evil to be used sparingly. Sentencing principles legislated in 1996 largely reflected the status quo. However, the period 2006–15 reflected a dramatic break. The Conservative government in power repeatedly attempted to restrict judicial discretion. Prison was touted as the solution to crime. Scores of politically motivated modifications were introduced to sentencing legislation. Perhaps surprisingly, few of these changes had large effects on large numbers of people. There were no appreciable changes to imprisonment rates by the time of the Conservatives’ electoral defeat in October 2015.
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来源期刊
Crime and Justice-A Review of Research
Crime and Justice-A Review of Research CRIMINOLOGY & PENOLOGY-
CiteScore
5.60
自引率
0.00%
发文量
11
期刊介绍: Crime and Justice: A Review of Research is a refereed series of volumes of commissioned essays on crime-related research subjects published by the University of Chicago Press. Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
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