LAW

• 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