LAW

Subdecks (3)

Cards (161)

  • Sentencing
    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