The process of a judge deciding how to punish a convicted person
Sentencing a convicted person is one of the most complex parts of the legal system
Factors a judge must weigh when sentencing an offender
Range of sentencing options from release to imprisonment
Sentencing process is controversial as most offenders reintegrate into society
Debate over how "hard" or "soft" offenders should be treated
Sentencing options in Canada
Releasing the accused
Imprisonment
Purposes of sentencing
Denouncing unlawful conduct
Deterrence
Separation or segregation
Rehabilitation
Denouncing unlawful conduct
Part of any criminal sentence, makes it clear to the offender that their conduct was wrong from society's viewpoint
Deterrence
Specific deterrence: discourages a particular criminal from reoffending
General deterrence: discourages the general public from committing a particular crime
Segregation
Separating or segregating offenders from society, usually by incarceration
Rehabilitation
Providing offenders, particularly prison inmates, with skills to be productive members of society and avoid recidivism
Other objectives of sentencing
Reparations: repaying victims and/or the community for harm done
Remorse: judges consider if the offender expresses sincere regret
Imposing a sentence
Judges usually have discretion, but there can be mandatory minimum sentences
Judges review a pre-sentence report on the offender
Aggravating circumstances
Factors that demonstrate the punishment should be more severe
Mitigating circumstances
Factors that demonstrate the punishment should be less severe
Victim impact statement
A statement made by the victim (or on their behalf) that describes how the offence affected their life and loved ones
Sentencing options in Canada
Absolute or conditional discharge
Suspended sentence and probation
Conditional sentence
Suspension of a privilege
Peace bond
Restitution or compensation
Community service
Deportation
Fines
Prison (Incarceration)
Absolute discharge
Offender is released without conditions and with no criminal record
Conditional discharge
Offender is released with conditions or terms, which, if completed, result in no criminal record
Suspended sentence
Punishment that is not carried out as long as certain conditions are met, usually involves probation
Probation
A punishment that allows an offender to live in the community, but with certain conditions and supervision
Conditional sentence
Allows the offender to serve their time in the community instead of prison, if the judge is reasonably sure the offender is not a threat to the public
Suspension of a privilege
Takes away a privilege from a convicted offender for a specific or indefinite period of time, most commonly a driver's licence
Peace bond
A court order requiring a person to keep the peace for up to 12 months, common in harassment or assault cases
Restitution
Requires the offender to "pay back" the victim for the harm or loss they created, usually in the form of money
Community service
Orders the offender to perform specific work in the community, to associate the offender with non-criminals and decrease recidivism
Deportation
If a non-citizen commits a criminal offence in Canada, they may be sentenced to be deported back to their country of origin
Fines
An offender may be fined instead of receiving another type of sentence, if they cannot afford to pay they may be enrolled in a fine option program
Prison sentences
Concurrent: served at the same time
Consecutive: served one after another
Intermittent: served on weekends or at night
Dangerous offender
A convicted offender who is considered a very serious risk to the public may be given an indeterminate sentence, meaning they will be in prison indefinitely
In 1976, Parliament abolished capital punishment, also known as the "death penalty", from the Criminal Code
Restorative justice
A recent approach to criminal sentencing that focuses on forgiveness and involves the community, including sentencing circles, healing circles, and releasing circles
Victim compensation fund
Public money to compensate a victim for lost pay, pain and suffering, medical bills, loss of income by dependants, and child support
Appeals
Both the Crown and the convicted offender have the right to appeal a conviction or sentence, to ask the court to review and reconsider
Parole
Prison inmates are usually eligible for parole after serving 1/3 of their sentence or 8 years, a parole board reviews their behaviour and decides whether to grant early release
Mercy
The federal government has the power to grant a Royal Prerogative of Mercy, which means they can revoke a prison sentence or issue a pardon
Criminal records
Having a criminal record may hinder or restrict job opportunities and the ability to travel, a convicted offender may apply for a pardon 3-5 years after completing their sentence
Denunciation
Making sure the punishment reflects society's abhorrence for the crime committed
Deterrence
To reduce criminal conduct, both specific for the accused and general for the population at large
Rehabilitation
To change the behaviour of an offender and reconstitute them as productive citizens
Protection of the public
Through incarceration and/or the imposition of conditions to control the accused's behaviour in the community and to prevent the repetition of the criminal activity
Reparation
To repay, repair or compensate the victim or community loss and harm