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NCJRS Abstract

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NCJ Number: 98530 Add to Shopping cart Find in a Library
Title: Sentencing in Environmental Cases - Protection of Life Series
Author(s): J Swaigen; G Bunt
Date Published: 1985
Page Count: 88
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,
Canada

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: Canada
Annotation: This analysis of sentencing in environmental cases in Canada recommends establishing a broad spectrum of penalties and sentencing options to supplement fines, which are the most common current sanction.
Abstract: An analysis of current principles in fining and sentencing considers general sentencing goals and 16 specific factors used in sentencing. These include the extent of the potential and actual damage, the intent, the savings or gain derived from the offenses, the ability to pay, prior convictions, and the reasonableness of standards. The use of incarceration is recommended as a punishment in itself and not merely as a sanction for failure to pay a fine. Also recommended are higher fines for corporations than for individuals, and use of the Scandinavian 'day-fines' model, and the use of more flexible procedures for distinguishing between different types of cases. Additional recommendations are raising statutory maximum fines that are exceptionally low and identifying the factors that merit higher fines. Added sentencing tools recommended are forfeiture of property, court-ordered suspension or revocation of licenses, permits and other privileges; giving the courts supervisory powers; and use of partially suspended sentences. Also urged are restitution, compensation, and the posting of performance bonds. A total of 248 endnotes are included.
Index Term(s): Canada; Corporate criminal liability; Environmental offenses; Sentencing reform
Note: Prepared for the Law Reform Commission of Canada Protection of Life Series.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=98530

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