TY - JOUR
T1 - Rethinking the Sentencing Regime for Murder
AU - Grant, Isabel
N1 - Publisher Copyright:
© 2001, I. Grant.
PY - 2001
Y1 - 2001
N2 - This article reviews the current sentencing regime for the crime of murder in Canada with a view to identifying its shortcomings and suggesting possibilities for improvement. The article argues that the existing classification of murder into first- and second-degree, and the harsh periods of parole ineligibility attached to a murder conviction should both be abolished. The author argues for a compromise position, which would maintain the important distinction between manslaughter and murder and yet allow sufficient flexibility for trial judges to ensure that sentences for murder, as with other crimes, can be tailored to fit the crime.
AB - This article reviews the current sentencing regime for the crime of murder in Canada with a view to identifying its shortcomings and suggesting possibilities for improvement. The article argues that the existing classification of murder into first- and second-degree, and the harsh periods of parole ineligibility attached to a murder conviction should both be abolished. The author argues for a compromise position, which would maintain the important distinction between manslaughter and murder and yet allow sufficient flexibility for trial judges to ensure that sentences for murder, as with other crimes, can be tailored to fit the crime.
KW - Canada
KW - Murder-Law and legislation
KW - Sentences (Criminal procedure)
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U2 - 10.60082/2817-5069.1477
DO - 10.60082/2817-5069.1477
M3 - Article
SN - 0030-6185
VL - 39
SP - 655
EP - 701
JO - Osgoode Hall Law Journal
JF - Osgoode Hall Law Journal
IS - 2-3
ER -