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Criminal Sentencing In Canada
Canadian criminal law is governed by the ''Criminal Code'', which includes the principles and powers in relation to criminal sentencing in Canada. A judge sentences a person after they have been found guilty of a crime. After a determination is made about the facts being relied on for sentencing, and hearing from both the Crown and the defence about what the appropriate sentence should be, the judge must pick from a number of different sentencing options found in the ''Criminal Code'', based on a number of factors. Some offences have a minimum sentence, and there may also be a maximum sentence depending on the nature of the offence. The maximum determinate sentence is a life sentence with a 25-year parole ineligibility period. For offences committed prior to 2 December 2011 all life sentences and related parole ineligibility periods are served concurrently (at the same time). In cases of multiple murder, where the offence occurred after 2 December 2011 (the date new legislation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reparation (legal)
In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation. Background In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby * Satisfaction should include, where applicable, any or all of the following: .. ** (e) Public apology, including acknowledgement of the facts and acceptance of responsibility; ** (g) Commemorations and tributes to the victims; ** (h) Inclusion of an accurate account of the violations that occurred in international human rights law and international humanitarian law training and in educational material at all levels. * 23. Guarantees of non-repetition should include ** ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bail (Canada)
Bail in Canada refers to the release (or detention) of a person charged with a criminal offence prior to being tried in court or sentenced. The '' Canadian Bill of Rights'' and the ''Canadian Charter of Rights and Freedoms'' guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the ''Criminal Code'', which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release. History The Canadian law of bail is derived from the principles of bail which evolved in the English common law. In particular, the right to be released without excessive bail was enshrined in the English ''Bill of Rights'', which was part of the law of the colonies in British North America. Pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, '' nolo contendere'' (a.k.a. no contest), no case to answer (in the United Kingdom), or Alford plea (in the United States). The concept of the plea is one of the significant differences between criminal procedure under common law and procedure under the civil law system. Under common law, a defendant who pleads guilty is automatically convicted, and the remainder of the trial is used to determine the sentence. This produces a system known as plea bargaining, in which defendants may plead guilty in exchange for a more lenient punishment. In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession does ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blood Alcohol Concentration
Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes; it is expressed as mass of alcohol per volume or mass of blood. For example, a BAC of 0.10 by (0.10% or one tenth of one percent) means that there is 0.10 g of alcohol for every 100 mL of blood, which is the same as 21.7 mmol/L. A BAC of 0.10 by (0.10%) is 0.10 g of alcohol per 100 g of blood (23 mmol/L). A BAC of 0.0 is sober; in different countries the maximum permitted BAC when driving ranges from about 0.04% to 0.08%; BAC levels over 0.08% are considered very impaired; above 0.4% is potentially fatal. Effects by alcohol level Estimation by intake Blood alcohol content can be estimated by a method developed by Swedish professor in the 1920s: :EBAC = \frac\times100\%-\beta\times T where: * is the mass of alcohol consumed. * is the ratio of body water to total weight. It va ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Drunk Driving (Canada)
Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the ''Criminal Code'', with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions. There is a related, parallel offence of driving with a blood alcohol level which exceeds eighty milligrams of alcohol in one hundred millilitres of blood (.08). The penalties are identical for impaired driving and driving with a BAC greater than .08. The Criminal Code gives the police and peace officers a number of powers to assist in the enforcement of the applicable laws, and there are a number of presumptions that assist in the prosecution of offences. History One of the first reported criminal cases regarding drinking and driving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war against non-combatants (mostly civilians and neutral country, neutral military personnel). The terms "terrorist" and "terrorism" originated during the French Revolution of the late 18th century but became widely used internationally and gained worldwide attention in the 1970s during The Troubles, the Troubles in Northern Ireland, the Basque conflict, and the Israeli–Palestinian conflict. The increased use of suicide attacks from the 1980s onwards was typified by the 2001 September 11 attacks in the United States. There are various different definitions of terrorism, with no universal agreement about it. Terrorism is a Loaded language, charged term. It is often used with the connotation of some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Organization
Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a form of illegal business, some criminal organizations, such as terrorist groups, rebel forces, and separatists, are politically motivated. Many criminal organizations rely on fear or terror to achieve their goals or aims as well as to maintain control within the organization and may adopt tactics commonly used by authoritarian regimes to maintain power. Some forms of organized crime simply exist to cater towards demand of illegal goods in a state or to facilitate trade of goods and services that may have been banned by a state (such as illegal drugs or firearms). Sometimes, criminal organizations force people to do business with them, such as when a gang extorts money from shopkeepers for "protection". Street gangs may ofte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner violence'', which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Notice
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, even if one party wishes to plead evidence to the contrary. Judicial notice is frequently used for the simplest, most obvious common sense facts, such as which day of the week corresponded to a particular calendar date or the approximate time at sunset. However, it could even be used within one jurisdiction to notice a law of another jurisdiction—such as one which provides average baselines for motor vehicle stopping distances. Judicial notice in the United States Judicial notice in the Federal Rules of Evidence In the United States, Article ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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