Détermination de la peine dans le système de justice pénale pour adolescents : examen des dilemmes éthiques vécus par les acteurs judiciaires québécois

摘要

Sentencing is inherently a complex decision, and even more so under the Youth Criminal Justice Act. Determining a sentence implies the consideration of numerous factors, and requires a balance between principles and purposes that, under certain circumstances, may seem to conflict, besides giving rise to debates. The judicial actors who have to give a decision on sentencing in court are thus likely to face ethical dilemmas, which this study aims to better understand. To that end, semi-directed interviews were conducted on a sample of 31 judicial stakeholders, in seven administrative regions in Quebec. Their content analysis brings out three main types of situation that lead to ethical dilemmas. For the most part, these reflect a conflict between the enforcement of a fair penalty, on the one hand, and the goal of rehabilitating and socially reintegrating the offender, on the other. This study sheds new light on the nature of the experienced dilemmas and the context in which they emerge. Future studies shall explore how to solve them.