Sentencing guidelines in law
LE3 .A278 2009
Bachelor of Arts
In this thesis I will examine the logical implications of using sentencing guidelines to design punishments. In the first chapter on the thesis I will debate as to the true purpose of punishment. I will contrast two of the leading theories of punishment ( retributivism and utilitarianism) to expose strengths and weaknesses. I will decide upon a system of punishment that uses retributivism as a maximum punishment, but only punishes for utilitarian benefit. In the second chapter I will look at reasons for and against using sentencing guidelines when delivering punishments. I will use my model found in chapter 1 to help decide what outcomes of punishment are desirable. I will come to the conclusion that a maximum punishment guideline may be allowed, but there are too many variables to make minimum sentencing guidelines mandatory. In the third chapter I will look at the case of Robert W. Latimer v. Her Majesty the Queen in order to see how mandatory minimum sentencing laws apply in a real setting. I will come to the conclusion that the mandatory minimum sentencing laws became a hindrance to justice.
The author grants permission to the University Librarian at Acadia University to reproduce, loan or distribute copies of my thesis in microform, paper or electronic formats on a non-profit basis. The author retains the copyright of the thesis.