Rethinking the Sentencing Regime for Murder

Abstract

This article reviews the current sentencing regime for the crime of murder in Canada with a view to identifying its shortcomings and suggesting possibilities for improvement. The article argues that the existing classification of murder into first- and second-degree, and the harsh periods of parole ineligibility attached to a murder conviction should both be abolished. The author argues for a compromise position, which would maintain the important distinction between manslaughter and murder and yet allow sufficient flexibility for trial judges to ensure that sentences for murder, as with other crimes, can be tailored to fit the crime.