Research at a Glance: Discretion in Sentencing

The majority of Canadians believe that judges should have at least some degree of discretion and flexibility when deciding a sentence.

What we also found:

The overwhelming majority of Canadians (95%) felt that the best approach for determining fair and appropriate sentences for offenders involves giving judges at least some degree of discretion. Seven in ten (71%) Canadians thought the best way was to give judges some sort of guideline or range of sentences to choose from, with the option of going outside those ranges if they deem it necessary. About one-quarter (24%) of Canadians believed that the best way to determine a fair and appropriate sentence was to give judges full discretion (deciding on the sentence after looking at how the offence happened, why the offender did it and what sentences were given in other similar cases). Only 4% thought that there should be no judicial discretion for sentencing (give everyone who commits the same offence the same sentence).

The top goal for the criminal justice system (CJS), according to Canadians, is to treat everyone fairly by taking into account her/his individual circumstances (40% of respondents chose this as one of their top three goals for the CJS).

Data and Resources

Additional Info

Field Value
Source
Version
Author
Author Email
Maintainer
Maintainer Email
Data Level
Agreement Required
Purpose Constraints
Redistribution Allowed
AI Training Allowed
Data Steward
Title (French) Recherche en un coup d'oeil: Pouvoir discrétionnaire en matière de détermination de la peine
Update Frequency as_needed
Geographic Scope []
Criticality Level []
Sensitivity Level unrestricted
Language
Contact Person
Contact Email OG-GO@justice.gc.ca
Data Dictionary
Open Canada Date Published 2018-03-04 00:00:00
Open Canada Date Modified
Open Canada Subject ["law", "persons", "processes", "society_and_culture"]
Open Canada Keywords {"fr": ["Système judiciaire", "Recherche", "Consultation", "Questions juridiques", "Juges", "Système de justice pénale"], "en": ["Justice system", "Research", "Consultations", "Legal issues", "Judges", "Criminal justice system"]}
Open Canada Collection publication
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