Racial Identity in Sentencing

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