Age and Ageism in Sentencing Practices: Outcomes from a Case Law Review

Canadian Criminal Law Review, 17, 253-279 (2013)

Posted: 7 Jun 2013

See all articles by Helene Love

Helene Love

Faculty of Law

Fiona Kelly

La Trobe Law School

Israel Issi Doron

University of Haifa - Department of Gerontology

Date Written: June 5, 2013

Abstract

As Canada’s population ages, the criminal justice system will increasingly be presented with the issue of how to appropriately sentence older offenders. Through a detailed review of reported Canadian sentencing decisions involving individuals aged 60 and over, this article explores how, why, and in what way advanced age influences the exercise of judicial discretion in the sentencing of older adults. Grounded in the concept of ageism, this case law review examines whether current sentencing practices perpetuate age based stereotypes and discrimination, aiming to improve transparency and accountability in the exercise of judicial discretion in this area. If age has an impact on a penal sentence, good or bad, those on both sides of the bench can benefit from this information.

Keywords: Sentencing, Elder law, Law and Aging, Ageism, Agism

JEL Classification: K14, K41

Suggested Citation

Love, Helene and Kelly, Fiona and Doron, Israel, Age and Ageism in Sentencing Practices: Outcomes from a Case Law Review (June 5, 2013). Canadian Criminal Law Review, 17, 253-279 (2013), Available at SSRN: https://ssrn.com/abstract=2275125

Helene Love (Contact Author)

Faculty of Law ( email )

84 Queens Park
Toronto, ON M5S 2C5
Canada
7783307237 (Phone)
7783307237 (Fax)

Fiona Kelly

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

Israel Doron

University of Haifa - Department of Gerontology ( email )

Haifa 31905
Israel
972-4-8249954 (Phone)
972-4-8249946 (Fax)

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