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- Title
La construction du cadre normatif de l'emprisonnement avec sursis : analyse de la réforme politique de la loi C-9 au Canada.
- Authors
Euvrard, Elsa; Leclerc, Chloé
- Abstract
Conditional sentence was created in 1996 in Canada, in order to limit the use of imprisonment and develop alternative sentences. The offender serves his sentence in the community, and has to respect conditions imposed by the judge, based on his profile. Taking a punitive turn, the Canadian government passed two bills in 2007 and in 2012, called C-9 and C-10, which made conditional sentences harsher. Despite the disagreement of criminal justice professionals, politicians often imply that community custody is too lenient, unacceptable for certain categories of crimes. The aim of this article is to understand how the normative frame of the conditional sentence was built. An analysis of political speeches that preceded the adoption of bill C-9 shows that a lot of actors with opposing interest are involved in the legal process. These actors are organized into four profiles (pragmatic, community, populist and judicial), based from their shared representations and values. In the end, the law that was passed did not result from a consensus, but was created after compromises were made between the groups.
- Publication
Canadian Journal of Criminology & Criminal Justice, 2019, Vol 61, Issue 2, p26
- ISSN
1707-7753
- Publication type
Article
- DOI
10.3138/cjccj.2018-0009.r1