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NCJ Number: 64197 Find in a Library
Title: INDETERMINATE SENTENCE UNDER THE PRISONS AND REFORMATORIES ACT
Journal: QUEEN'S LAW JOURNAL  Volume:3  Issue:3  Dated:(SUMMER 1977)  Pages:332-367
Author(s): C F DOMBEK; G W TRANMER
Corporate Author: Queens University at Kingston
Law Students Soc
Canada
Date Published: 1977
Page Count: 36
Sponsoring Agency: Queens University at Kingston
Kingston, Ontario K7L 3N6, Canada
Format: Article
Language: English
Country: Canada
Annotation: THIS CANADIAN LAW JOURNAL ARTICLE DESCRIBES INDETERMINATE SENTENCES, EVALUATES THEIR EFFECTIVENESS AS A DETERRENT AND REHABILITATION METHOD, AND EXAMINES PROBLEMS AND PRACTICES ARISING FROM THEIR USE.
Abstract: THE INDETERMINATE SENTENCE IS A PENAL COMMITMENT, WITH OUTER LIMITS SET BY LAW, BUT ACTUAL TIME SERVED DECIDED BY PRISON AUTHORITIES. ONLY MEN IN ONTARIO AND BOTH MEN AND WOMEN IN BRITISH COLUMBIA MAY RECEIVE INDETERMINATE SENTENCES, NONE OF WHICH MAY EXCEED 2 YEARS. THE AIM OF INDETERMINATE SENTENCING IS TO BETTER ENSURE THAT PRISONERS ARE REFORMED; IT WAS ESTABLISHED IN THE PROVINCES WITH REHABILITATIVE PRISONS TO ALLOW OFFENDERS TIME FOR REHABILITATION. TRIAL JUDGES SOON DECIDED TO PASS INDETERMINATE SENTENCES. THE COURTS SOON RULED THAT AN INDETERMINATE SENTENCE COULD EXCEED THE SENTENCE PRESCRIBED FOR A PARTICULAR CRIME. PROBLEMS ARISING FROM INDETERMINATE SENTENCING ARISE FROM ITS MISUSE; THUS, MANY OFFENDERS ARE SENTENCED INDETERMINATELY TO PENITENTIARIES RATHER THAN REHABILITATIVE REFORM FACILITIES, WHICH DETRACTS FROM THE AIM OF PRISONER REFORM. CONFUSION RAISED BY ADDITIONAL SENTENCES GIVEN PRISONERS FOR ESCAPES OR LAWBREAKING IN PRISON CONTRIBUTE TO INDETERMINATE SENTENCE MISUSE. PROBLEMS ALSO ARISE WITH AUTOMATIC SENTENCE REMISSION UPON AN OFFENDER'S COMMITMENT TO A PENITENTIARY, AND INDETERMINANCY JURISDICTION WHEN A PRISONER IS MOVED FROM ONE FACILITY TO ANOTHER. FINALLY, JUDGES OFTEN MISUNDERSTAND AND MISAPPLY INDETERMINATE SENTENCES. SUCH SENTENCES SHOULD BE ABOLISHED IN FAVOR OF PAROLE. FOOTNOTES ARE INCLUDED.
Index Term(s): Canada; Deterrence; Indeterminate sentences; Judicial decisions; Laws and Statutes; Rehabilitation; Sentencing disparity; Sentencing/Sanctions
Note: PAPER PREPARED IN ASSOCIATION WITH CORRECTIONAL LAW AND LEGAL ASSISTANCE PROJECT, FACULTY OF LAW, QUEEN'S UNIVERSITY AT KINGSTON
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64197

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