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Record W4318830002 · doi:10.5206/uwojls.v14i1.14341

Indeterminate Sentences and Section 12 of the Charter

2023· article· en· W4318830002 on OpenAlex
Zev Macklin

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.
venuePublished in a venue whose home country is Canada.

Bibliographic record

VenueWestern Journal of Legal Studies · 2023
Typearticle
Languageen
FieldPsychology
TopicHealthcare Decision-Making and Restraints
Canadian institutionsUniversity of Manitoba
Fundersnot available
KeywordsConstitutionalityCharterIndeterminateLawPunishment (psychology)Judicial reviewLegislaturePolitical scienceSection (typography)ContemplationSubject (documents)Law and economicsPsychologySociologySupreme courtSocial psychologyBusinessComputer scienceEpistemologyPhilosophy

Abstract

fetched live from OpenAlex

Indeterminate sentences are uniquely reserved for two classes of offenders, dangerous offenders and individuals designated not criminally responsible on account of mental disorder. These sentences effectively keep individuals in constant jeopardy before a Parole or Review Board. This paper reviews the constitutionality of these regulatory schemes under Section 12 of the Charter; its prohibition against “cruel and unusual treatment or punishment.” In this paper, I examine the legislative and jurisprudential development of the regimes, and their impact on individuals given these designations. The paper argues that the regimes result in a gross and systemic violation of the rights of individuals who have been given indeterminate sentences. It finally argues that there is also a moral imperative to reject any indefinite detention that is not subject to judicial review. This paper discusses and seeks to bring attention to the unfair and unconstitutional treatment of two vulnerable groups in our judicial system. Through greater visibility, the author hopes to put pressure on our legal system and the government to review these types of sentences and their true impact on individual rights and freedoms.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.309
Threshold uncertainty score0.148

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.100
GPT teacher head0.421
Teacher spread0.320 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it