Sentences with phrase «general deterrence»
"General deterrence" is a term used to describe the idea of preventing people from committing crimes by making them fear the consequences. It means that when others see someone being punished for a crime, they are discouraged from doing the same thing because they don't want to face the same punishment. Full definition
The «public interest» includes «a consideration of the principle of general deterrence with attention being paid to the gravity of the offence, its incidence in the community, public attitudes towards it and public confidence in the effective enforcement of the criminal law.»
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We agree with the government that the sentence is unreasonable and that it did not give adequate consideration to the seriousness of the offense, the need for general deterrence for white - collar crimes, and the need for some imprisonment.
Reliance on general deterrence as the primary sentencing objective in drug cases, and mechanical adherence to fixed sentence ranges, are driven in tandem by appellate court rulings based in a doctrinal adherence to a discredited objective.
The ethical question is this — how does a defence lawyer reconcile the negotiation of a sentence based in the discredited doctrine of general deterrence with the duty to act in the best interests of his or her client and the administration of justice?
And these cases do not diminish general deterrence as the dominant battle cry.
«The majority decision failed to consider the importance of general deterrence in protecting the public,» Harte said.
A Vulnerable Road User Law provides general deterrence for bad behaviors around vulnerable users.
«Insurers may well wish to deploy the tort with a view to heightening general deterrence of fraudulent claims»
My opposition to the measure has not been grounded in inherent moral disapproval but is instead rooted in a combination of two factors: a utilitarian concern over wrongful convictions, and a practical objection to the use of a measure that has shown no ability to effect general deterrence.
«How big a stick they need to hit him with in order to send the message of general deterrence across to Canada's boardrooms is really going to be the question,» she says.
To complicate matters further, the Supreme Court recently stated that provincial securities commissions can consider general deterrence when setting a financial penalty in the public interest.
It requires balancing general deterrence (and, relatedly, incapacitation) by a relatively long prison term with specific deterrence (and its other aspect, rehabilitation) by a relatively short term in prison.
It is that general deterrence which is necessary to eradicate sexual abuse of patients.»
Justice Green said this about general deterrence, at para. 104:
«The underlying rationale for general deterrence is that harsh sentences imposed on offenders for any given class of offence will have deterrent impact on like - minded others.
Countless comparative studies have been done demonstrating that capital punishment has no discernible effect on general deterrence in conventional criminal cases.
To provide general deterrence to other parties in the same or different litigation considering similar behavior.
However, the experience in relation to Hayward and Direct Line Group Plc, discussed above, shows that that may not necessarily be the case and, in any event, insurers may well wish to deploy the tort with a view to heightening general deterrence of fraudulent claims.
The efficacy of the sentencing principle of general deterrence (penalizing one as an example or warning to others) can be debated.
Judge Forrest also rejected Ulbricht's lawyers suggestion that a long sentence would be arbitrary, and would not serve the goal of «general deterrence.»
Previous research has indicated that the most effective method of combating drinking and driving is to use the general deterrence model.
Hard - core drinking drivers are a problem, but it's a mistake to spend too many resources on programs that target them specifically, at the expense of general deterrence.
3 In this particular case, the principles which need to be addressed are the overriding principle of protection of society and the factors that must be given weight are general deterrence, specific deterrence, denunciation and rehabilitation.
There must be general deterrence and specific deterrence.
It is submitted that the court failed to assess his own conduct and personal circumstances in imposing the order and wrongly based its decision on the general deterrence such an order would have.
It is certainly understandable that the objective of general deterrence is «particularly applicable to public welfare offences where it is essential for the proper functioning of our society for citizens at large to expect that basic rules are established and enforced to protect the physical, economic and social welfare of the public.»
In the 1982 case of R. v. Cotton Felts, the first sentencing appeal under the POA to reach the Ontario Court of Appeal, the court held that general deterrence was the primary objective of sentencing under the POA.
I'm not slighting the tragedy that resulted in charges but, given what happened in Metron and why — all you need to do is read paras. 1 — 15, particularly paras. 9 - 15 — do you agree with the general deterrence rationale?
General deterrence of whom?
That's because medical malpractice liability provides «general deterrence» — an incentive to be careful in general — in addition to any «specific deterrence» it may provide for particular actions.
They emphasize denunciation, general deterrence and retribution at the expense of what is a fit sentence for the gravity of the offence, the blameworthiness of the offender, and the harm caused by the crime.
Robidoux says she expects the court will take a general deterrence approach and not specific deterrence.
The Intervenor submits that, in sentencing persons convicted for aiding suicide under Section 241 (b) of the Criminal Code, the principle of general deterrence must be the overriding factor.
Even if a custodial sentence was appropriate in this case, it is a well - established principle of sentencing laid down by this court that a first sentence of imprisonment should be as short as possible and tailored to the individual circumstances of the accused rather than solely for the purpose of general deterrence.
By compromising, and reducing a somewhat draconian sentence (possibly less effective for general deterrence), or increasing the sentence (possibly less effective for rehabilitation), the sentence may risk frustrating either goal.
Specific and general deterrence have also been served,» the panel wrote, also ordering Peirovy to pay $ 35,000 in costs.
The sentencing objectives reflected in the principles of general deterrence and denunciation, to the degree that they are community - directed, are far better met in this case by a sanction that rewards rehabilitation than one that perpetuates incarceration.»
But nowhere did Parliament say that the doctrine of general deterrence is paramount in any specific class of offence.
For thirty - five years the Alberta Court of Appeal has maintained that general deterrence is the most important consideration in sentencing for cocaine offences and has rigidly preserved a «hostile attitude» towards heroin.
For thirty - five years the Alberta Court of Appeal has maintained that general deterrence is...
Although Justice Green eloquently reviewed the fundamental principle of proportionality — and the objectives of sentencing with critical emphasis on the doctrine of general deterrence, the policy governing sentencing ranges and, in particular, the considerations uniquely applicable to indigenous people — I am concerned here with a broader question.
But on the other hand, this could be very effective for general deterrence.
In law we call that general deterrence.
However, this is not a case where a general deterrence rationale is being offered to justify unforeseeable liability.