Racial Identity in Sentencing

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Revision as of 21:30, 20 April 2023 by Admin (talk | contribs) (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...")
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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]

  1. ↑ R v Anderson, 2021 NSCA 62 (CanLII), 405 CCC (3d) 1, per Derrick JA
  2. ↑ Anderson, ibid., at para 114
  3. ↑ Anderson, ibid., at para 146
  4. ↑ Anderson, ibid., at para 146
  5. ↑ Anderson, ibid., at para 146
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