Racial Identity in Sentencing
| This page was last substantively updated or reviewed December 2021. (Rev. # 83450) |
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]