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The "Statutory Rape" Myth: A Case Law Study Of Sexual Assaults Against Adolescent Girls, Isabel Grant, Janine Benedet Nov 2019

The "Statutory Rape" Myth: A Case Law Study Of Sexual Assaults Against Adolescent Girls, Isabel Grant, Janine Benedet

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This article examines three years of Canadian case law involving sexual offences against adolescent girls between the ages of twelve and seventeen inclusive, with a view to identifying the types of cases that are making it to court, whether these cases are resulting in convictions, and what are the types of sentences being imposed on individuals convicted of these offences. A significant majority of cases under review involved men considerably older than the complainant. The average age difference between the accused and the complainant was nineteen years and, where family members were excluded, 15.6 years. The small number of cases …


About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon Jan 2019

About A Revolution: Toward Integrated Treatment In Drug And Mental Health Courts, Sara Gordon

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and mental health courts, which proponents claim created a revolution in criminal justice. Defendants whose underlying crime is the result of a substance use disorder or a mental health disorder can choose to be diverted into a specialty court, where they receive treatment instead of punishment. Many of these individuals, however, do not just suffer from a substance use disorder or a mental health disorder; instead, many have a “cooccurring disorder.” Approximately 8.9 million American adults have co-occurring mental health and substance use disorders, and almost half of individuals who meet diagnostic criteria for one disorder will also meet criteria …


Punishment And Its Limits, Debra Parkes Jan 2019

Punishment And Its Limits, Debra Parkes

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The nearly three decades in which Beverley McLachlin was a member of the Supreme Court, including as Chief Justice, witnessed a number of shifts in Canadian penal policy and in the reach and impact of criminal law. During the Harper decade (2006 to 2015) in which the federal Conservatives enjoyed a majority government led by Prime Minister Stephen Harper, criminal justice policy took a turn toward the punitive. The federal government tore a page out of the American legislative handbook and sought to “govern through crime”, albeit in a more restrained Canadian style.