Examples Of Indeterminate Sentencing

On March 8, 1976, the Minister of Justice, Ron Basford, stated the following in the House of Commons: “Indeterminate sentencing should no longer be used against criminals who do not pose a continuing and serious threat to the life, safety and well-being of others. This type of sentencing, however is a necessary mechanism to protect society against dangerous criminals when it is virtually impossible, at the point of sentencing, for a judge to determine the appropriate length of sentence to be imposed “. Mr. Basford recognized there were individuals who were not dangerous, yet were given the dangerous offender designation. New Legislation was introduced to Parliament in 1976 and made official with strong force on October 6 ,1976. Under the legislation

(II) A pattern of persistent aggressive behavior by the offender , or which the offence for which has been convicted forms a part showing a substantial degree of indifference on the part of the offender as to the reasonably foreseeable consequences to other persons of his behavior , or (III) any behavior by the offender , associated with the offence for which he has been convicted , that is of such a brutal nature as to compel the conclusion that his behavior in the future is unlikely to be inhibited by normal standards of behavioral restraint , or (b). Section 687 defines Serious Personal Injury Offence as: (a) an indictable offence (other than high treason, treason, first degree murder or second degree murder) involving (I) the use or attempted use of violence against another person, or (II) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person , and for which the offender may sentenced to imprisonment for ten years or more , or (b) an offence mentioned in Section 144 ( rape ) or 145 ( attempted murder ) or an offence or attempt

The modern sections required the evidence of at least two psychiatrists in all cases. One of the psychiatrists needs to be selected by the prosecution and the other selected by the offender. Under the 1977 provisions, when an individual is found by the court to be a “dangerous offender “and has been sentenced to a Federal prison for an indefinite period of time, the National Parole Board examines the ailment, history, and the situation of that person after three years of incarceration and no later than every two years after that to decide whether the inmate should be granted parole. There presently 41 dangerous offenders serving indefinite sentences of imprisonment in Federal Correctional institutions, and another 4 other offenders who have been designated as a “dangerous offender” but were given definite sentences instead of the