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Back-to-back Life Sentences
In judicial practice, back-to-back life sentences are two or more consecutive life sentences given to a felon. This penalty is typically used to minimize the chance of the felon being released from prison. This is a common punishment for a defendant convicted of multiple murder in the United States. Depending on the jurisdiction in which the case is tried, a defendant receiving a life sentence may become eligible for parole after serving a minimum length of time, on the order of 15-25 years. If a back-to-back penalty is imposed, the defendant must serve that minimum for every life sentence before parole can be granted. Such a penalty also ensures that even if some of the murder convictions are overturned on appeal, the defendant must still serve the sentences for the ones left standing. Other countries either allow multiple concurrent life sentences which can be served at the same time (e.g. Russia), or allow multiple consecutive life sentences with a single minimum term (e.g. A ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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Justin Bourque
The Moncton shootings were a string of shootings that took place on June 4, 2014, in Moncton, in the Canadian province of New Brunswick. Justin Bourque, a 24-year-old Moncton resident, shot five officers from the Royal Canadian Mounted Police (RCMP), killing three and severely injuring two. A manhunt for Bourque was launched and continued overnight and into June 5. On June 6, Bourque was found and taken into custody, ending a manhunt that lasted over 28 hours. The shooting was both Moncton's first homicide since 2010 and the deadliest attack on the RCMP since the Mayerthorpe tragedy in 2005, which left four RCMP officers dead. Bourque intended for the shootings to trigger a rebellion against the Canadian government. Details Shootings At around 6:00 p.m. on June 4, 2014, Justin Bourque purchased three boxes of ammunition in the presence of a friend, who did not find it unusual since the two of them planned to go to a shooting range. During the late hours of that same ...
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Incapacitation (penology)
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending. Purpose Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently dangerous that they need to be 'removed' from society for a period of time, which is achieved usually by sending the offender to prison ( incarceration). In most countries, prison sentences are applied for a range of different crimes but are almost certain to be applied to those who commit serious assaults, murder or sex crimes. However, the risk that offenders pose to society is largely a matter of perception. As a result, how the justice system in one country treats a ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Alexandre Bissonnette
The Quebec City mosque shooting (french: Attentat de la grande mosquée de Québec) was an attack by a single gunman on the evening of January 29, 2017, at the Islamic Cultural Centre of Quebec City, a mosque in the Sainte-Foy neighbourhood of Quebec City, Canada. Six worshippers were killed and five others seriously injured after evening prayers when the gunman entered the prayer hall shortly before 8:00 pm and opened fire for about two minutes with a 9mm Glock pistol. Approximately 40 people were reported present at the time of the shooting. The perpetrator, 27-year-old Alexandre Bissonnette, pleaded guilty to six counts of first-degree murder and six counts of attempted murder. On February 8, 2019, Bissonnette was sentenced to life in prison, with no possibility of parole for 40 years. Upon appeal, the Court of Appeal of Quebec found 40 years without parole to be unconstitutionally cruel and unusual punishment, adjusting the sentence to life in prison with no pos ...
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Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ...
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Quebec Superior Court
The Superior Court of Quebec (french: Cour supérieure du Québec) is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Quebec Court of Appeal. Jurisdiction The Superior Court of Quebec is the court of original general jurisdiction, which hears all cases not expressly assigned to another court or administrative body. It possesses both criminal and civil jurisdiction. It also hears certain appeals in criminal and penal matters. Moreover, it also possesses exclusive jurisdiction to hear and determine class actions and applications for injunctive relief. Furthermore, the Superior Court is vested exclusive jurisdiction of judicial review over all lower courts in Quebec, over legal persons established in the public interest or for a private interest, and over partnerships and associations and other groups not endowed with juridical personality. All criminal m ...
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Douglas Garland
The disappearance of Nathan O'Brien, Kathryn Liknes and Alvin Liknes occurred on June 29, 2014. Five-year-old Nathan O'Brien and his grandparents, Kathryn and Alvin Liknes, disappeared from the grandparents' Calgary, Alberta home after what police called a "violent incident." An amber alert was issued. This alert was lifted on July 14, 2014 after the arrest of a person in relation to the disappearance. Later on July 14, 2014, police state that they believe O'Brien and the Likneses were murdered, but they did not recover their bodies. Douglas Garland was charged with two counts of first degree murder in the deaths of the Likneses and a second-degree murder charge for allegedly killing O'Brien. The second degree charge for Nathan O'Brien was upgraded by the court to a first degree charge in May 2015. Trial The murder trial for Garland began on January 16, 2017. The trial drew to a close on February 16, 2017, and it took the jurors just over nine hours to reach a verdict of guilty on a ...
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Life Imprisonment In Canada
Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations. A person serving a life sentence must serve for a certain length of time before becoming eligible for parole. First degree murder and high treason carry the longest period of parole ineligibility in the ''Criminal Code'', at 25 years. Parole ineligibility for second degree murder typically varies between 10 and 25 years, and is set by the sentencing judge. A life sentence is the most severe punishment for any crime in Canada. Criminal laws are enacted by the Parliament of Canada and apply uniformly across the country. Mandatory life sentence High treason and first degree murder carry a mandatory sentence of life imprisonment with a full parole ineligibility period of 25 years. Previously, in th ...
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Life Sentence
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may also e ...
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Murder (Canadian Law)
In Canada, homicide is the act of causing death to another person through any means, directly or indirectly. Homicide can either be culpable or non-culpable, with the former being unlawful under a category of offences defined in the Criminal Code, a statute passed by the Parliament of Canada that applies uniformly across the country. Murder is the most serious category of culpable homicide, the others being manslaughter and infanticide. Culpability To commit homicide is to cause by any means, directly or indirectly, the death of a human being. All forms of ''culpable'' homicide require some form of intent (although not necessarily the intent to cause death, or the death of the victim) or criminal negligence. In particular, a homicide is culpable if it occurs: The general test for causation for culpable homicide is that the accused was a ''significant contributing cause'' of the victim's death. However, for a culpable homicide to be murder ''in the first degree'' for one of the r ...
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Prisoner
A prisoner (also known as an inmate or detainee) is a person who is deprived of liberty against their will. This can be by confinement, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison. English law "Prisoner" is a legal term for a person who is imprisoned. In section 1 of the Prison Security Act 1992, the word "prisoner" means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. "Prisoner" was a legal term for a person prosecuted for felony. It was not applicable to a person prosecuted for misdemeanour. The abolition of the distinction between felony and misdemeanour by section 1 of the Criminal Law Act 1967 has rendered this distinction obsolete. Glanville Williams described as "invidious" the practice of using the term "prisoner" in reference to a person who had not been convicted. History The earliest evidence of the existen ...
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