Mandatory Minimum Penalties
Mandatory Minimum Penalties - Text version
Mandatory Minimum Penalties
Data collected via the National Justice Survey (2017; N=2,-19)
Scenario response
Presented 3 scenarios where a MMP would apply; some offender and offence characteristics were presented.
- Sexual assault involving a minor
- Recklessly discharging a firearm
- Trafficking in opioids while in possession of a weapon
Discretion
Judges should be allowed to impose:
- Less time in jail or prison 67% agree and
- A less restrictive sentence than jail or prison 65% agree.
Fairness
More than half (49%-70%) of the respondents did not believe the MMPs to be fair.
Less than 16% thought the offender should be sentenced to incarceration.
Informed Response
More information provided on sentencing included MMPs (e.g. lack of discretion to impose a sentence less than the MMP).
A pie chart with 90% agree, 2% don’t know and 8% no. Text to the right that says: Canada should consider allowing judges flexibility to impose sentences less than the MMP.
A pie chart with 77% agree, 7% don’t know, and 16% disagree. Text to the right that says: MMPs do not lead to a fair and appropriate sentence.
Considerations
Some factors that should be considered in giving a sentence less than the MMP include:
Family circumstances such as the harm to young children, if the offender is the sole breadwinner or caregiver (72%).
Brain damage, mental health or cognitive problems (81%).
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