Racial Identity in Sentencing: Difference between revisions
Created page with "==General Principles== Persons of African descent may be entitled to request an "Impact of Race and Culture Assessment" (IRCA) report to assist the sentencing judge.<ref> {{CanLIIRP|Anderson|jhjwd|2021 NSCA 62 (CanLII)|405 CCC (3d) 1}}{{perNSCA|Derrick JA}} </ref> The IRCA report is able to provide relevant systemic and background factors to the court.<reF> {{ibid1|Anderson}}{{AtL|jhjwd|114}} </ref> Moral culpability must be assessed in the context of "historic factors..." Tag: wikieditor |
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They can also use that background to "better understand how to view" the index offence.<ref> | They can also use that background to "better understand how to view" the index offence.<ref> | ||
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Failure to inquire into race-related factors may be an error of law.<ref> | |||
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Revision as of 21:37, 20 April 2023
General Principles
Persons of African descent may be entitled to request an "Impact of Race and Culture Assessment" (IRCA) report to assist the sentencing judge.[1] The IRCA report is able to provide relevant systemic and background factors to the court.[2]
Moral culpability must be assessed in the context of "historic factors and systemic racism," which may provide a mitigating effect on moral blameworthiness.[3]
A sentencing judge should consider the "impact that social and economic deprivation, historical disadvantage, diminished and non-existent opportunities, and restricted options may have had on the offender’s moral responsibility." [4] They can also use that background to "better understand how to view" the index offence.[5]
Failure to inquire into race-related factors may be an error of law.[6]