|
Truth in sentencing (TIS) is a collection of different but related public policy stances on sentencing of those convicted of crimes in the justice system. In most contexts truth in sentencing refers to policies and legislation that aim to abolish or curb parole, so that convicts serve the period that they have been sentenced to. Truth in sentencing advocates relate such policies in terms of the public's right to know; they argue, for example, that it is deceptive to sentence an individual to "seven to nine years", and then release the individual after he or she has served only six years. In some cases, truth in sentencing is linked to other movements, such as mandatory sentencing (in which particular crimes yield automatic sentences no matter what the extenuating circumstances), and habitual offender or "three strikes" laws (in which state law requires the state courts to hand down mandatory and extended periods of incarceration to persons who have been convicted of a criminal offense on multiple occasions). ==Canada== In Canada, the Truth in Sentencing act, or Bill C-25〔http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?Language=E&ls=c25&source=library_prb&Parl=40&Ses=2〕 came into effect on Monday, February 22, 2010.〔http://www.cbc.ca/news/canada/story/2010/02/23/nicholson-truth-sentencing.html〕 This bill amends s.719 of the ''Criminal Code of Canada'', limiting the discretion of a sentencing judges to give credit to individuals who have spent time incarcerated prior to conviction. Prior to this bill being implemented, as discussed by Justice Arbour in '' R v. Wust'',〔http://www.canlii.org/en/ca/scc/doc/2000/2000scc18/2000scc18.html, () S.C.R. 455〕 credit for pre-sentencing custody was not determined by a 'mathematical formula', but many judges have frequently granted a two-for-one credit That is justified by the quantitative and qualitative differences between pre-and post-sentencing incarceration. Most individuals who are incarcerated will not serve the full length of their sentence, and because time spent incarcerated pre-sentence does not count towards remission time, if a lengthy pre-sentence incarceration is credited equally to post-sentencing incarceration, the convicted individual will serve a longer sentence compared to an individual who is given the same sentence without a lengthy period of pre-sentencing incarceration. Arbour also points out that pre-sentence incarceration is typically served in detention, in harsher circumstances than the sentence will ultimately call for and without access to educational, rehabilitative and vocational programs. Bill C-25 creates three changes in the Criminal Code;〔http://laws-lois.justice.gc.ca/PDF/C-46.pdf〕 now under s.719(3), generally the maximum credit a judge can give is 1:1. Under s.719(3.1) and 719(3.2) a judge can give a credit of 1.5:1 only "if the circumstances justify it." Under s.719(3.1), the sentencing judge cannot give greater than 1:1 credit if the reason for pre-sentencing incarceration is either that person's criminal record or if that individual has breached bail conditions. The constitutionality of this bill was challenged under s.7, s.13 and s.15 of '' The Charter'' in the Ontario Court of Justice by Marvin Johnson.〔http://www.canlii.org/en/on/oncj/doc/2011/2011oncj77/2011oncj77.html, R v. Johnson 2011 ONCJ 77〕 The court found that the amendment will survive ''Charter'' scrutiny if the phrase ''if the circumstances justify it'' is interpreted in a manner that does not limit the granting of a 1.5:1 credit to such a high standard "that mandates a level of exceptionality that goes well beyond the ordinary experience of "dead time" or the penal disparities that typically flow from such pre-sentence custody." In this case, Johnson who was sentenced to 18 months for the sale of $20 of cocaine to an undercover officer, was given a 1.5:1 credit for the 12 months that he had spent in pre-sentence custody, and was released two days after his sentencing hearing to a one year period of probation. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Truth in sentencing」の詳細全文を読む スポンサード リンク
|