CANADIAN SENTENCING PRACTICES IN RELATION TO OLDER ADULTS

Authors

  • HELENE LOVE

Abstract

As Canada’s population ages, judges will increasingly have to determine what sorts of sentences are appropriate for aged criminal offenders. This paper employs a quantitative approach to investigate whether old age a mitigating factor in sentencing by comparing the duration of sentences handed down to older adults (those aged older than 60 years) to those handed down to younger adults (those aged under 60 years). While overall there is no significant difference in the duration of sentences between older adults and younger adults, in many cases judges explicitly state that old age operates as a factor that commands leniency in sentencing.

Keywords:

Sentencing, Aging offenders, health of offenders, Aboriginal offenders

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Published

2011-11-01

Issue

Section

Legal Commentary