La détermination de la peine dans les cas de filicide
The purpose of our study is to understand the process of sentencing in cases of filicide from an analysis of criminal and legal criteria on which judges base themselves as well as from an analysis of penal functions aimed by the sentences issued for this type of homicide. The sample studied in this paper consists of fourteen sentencing judgments rendered by the judges at the sentencing. These judgments were all issued in Quebec between 1996 and 2008 inclusive. It is clear from our analysis that the guilty plea recorded by the accused, the lawyers' sentence suggestions, the method of filicide, repetition of misconduct or not in the parent, the number of victims, the age of the accused, the presence or absence of criminal history of the accused as well as the professional occupation of the latter may influence judges' decision concerning the sentence. These elements, however, do not necessarily carry the iv same weight in the process of sentencing from one judge to another. Nevertheless, we observe that the discretionary power the judges have does not seem to be used in a biased or inadequate manner. In fact, every sentence is clearly justified according to reasonable arguments and none is far from other sentences that have made jurisprudence.
Filicides Sentencing Filicide Purpose and principles of sentencing Discretionary power