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Split Canadian high court issues major ruling on trying minors

By Douglas A. Berman

As detailed in news reports here and here, "Canadian courts must treat juvenile killers more leniently than adults unless the government can show compelling reasons to give them adult sentences, the Supreme Court of Canada ruled on Friday."  Here's more from this account of the Canadian ruling:The high court said adolescents have "diminished moral culpability" and should not have to prove that they should be given youth sentences. In each instance, the onus will now be on prosecutors to make the case that adult sentences should be applied.  "Young people are entitled to a presumption of diminished moral culpability," Justice Rosalie Abella wrote for the court's 5-4 majority decision. "Young people...continue to full post

Full post as published by Sentencing Law and Policy on May 16, 2008 (boomark / email).