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Chapter 9

Chapter 9. Factors considered when sentencing. A judge must consider many factors when determining sentencing – refer to figure 9-2 (pg.252) Pre-sentence report A report prepared for the judge by a probation officer describing the offender’s situation Victim Impact Statement

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Chapter 9

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  1. Chapter 9

  2. Factors considered when sentencing • A judge must consider many factors when determining sentencing – refer to figure 9-2 (pg.252) • Pre-sentence report • A report prepared for the judge by a probation officer describing the offender’s situation • Victim Impact Statement • Statement made by the victim and others affected by the victim on how the offence affected their lives • Mitigating Circumstances • Lessen the responsibility of the offender • Aggravating Circumstances • Increase the responsibility of the offender

  3. Goals when sentencing offenders • Deterrence • Should deter an offender from committing a criminal offence in the future • Everyone should be deterred from committing a criminal offence • Rehabilitation (resocialization) • Assist and prepare offenders to return to society • Retribution • Punish offenders • Segregation • Incarceration - segregating offenders from society

  4. Sentencing an Offender • Diversion programs • They are used to keep offenders out of the prison system and repay society • Absolute Discharge • Usually the first offence • Will not receive a criminal record • Conditional Discharge • Will not receive a criminal record • Must follow certain conditions laid out by the judge

  5. Suspended Sentence • If the offenders meets certain conditions laid out by the judge then they will never serve their sentence • Still has a record of conviction and can be placed on probation for 3 years • Conditional Sentence • Can be used if the sentence is less than 2 years and crime carries no minimum sentence • Can serve sentence in the community and must keep the peace

  6. Probation • Offenders must follow certain conditions and keep the peace • Suspension of Privilege • Loss of social privilege (ex. Drivers license) • Peace Bond • Keep the peace, follow certain conditions for up to 12 months • May need to stay away from certain people, their family members, or people associated with them

  7. Restitution or Compensation • Offender repays the victim in forms of cash, work, or anything the offender and victim work out • If offender fails to complete restitution, they are imprisoned • Community Service Orders • Work a certain number of hours that make a useful social contribution • Frequent with high profile people (ex. Artist preforms a concert for charity) • Deportation • Anyone who is NOT a Canadian citizen and commits a serious crime, can be deported to his or her origin country – usually federal government will apply to the courts for this to happen

  8. Fines • Max fine for summary offences is $2000 (except assault is $5000) • If unable to pay fine, the offender can work and earn credits towards his/her fine. (similar to community service) • Imprisonment • 6 months max for summary convictions (assaults, etc. can be 18 months) • Time spent in custody before trial - standard rule is that it will count for twice the time (due to no parole, rehabilitation or recreation) • 30 days or less – local penitentiary • 30 days to 2 years – provincial prison • More than 2 years – federal prison

  9. Dangerous and Long Term Offenders • Little hope of being rehabilitated/pose a threat to society • For someone to be a dangerous offender they must: • Have a pattern of aggressive behavior that is unlikely to change • Doesn’t care about the consequences • Future behavior is likely to be abnormal • Has sexual impulses that will likely cause pain to others • Offender receives an indeterminate sentence (institutionalized until they display normal behavior)

  10. Types of Imprisonments • Concurrent sentence • Serve the penalties for two or more crimes at the same time • Consecutive sentence • Serve the penalties for two or more crimes right after each other • Intermittent sentence • Serve penalties on weekends or at night (only for sentences that are 90 days or less) • Indeterminate sentence • Offender is institutionalized until it can be shown they can return to society and display normal behavior

  11. Principle of totality • Someone who commits the same crimes multiple times does not receive an overlong prison term. (stealing 4 cars, but only getting 15 years- Theft over $5000 max is 10 years)

  12. Capital Punishment • Capital Punishment (death penalty) • Canada has not had Capital Punishment since 1967. • Since the inception, Canada hanged 710 people before abolishing it

  13. Restorative Justice • Restorative justice focuses on healing relationships • Sentencing circles • The offender, victim, family and community members, a judge, lawyers, and police recommend the offenders sentence and possible restitution • Healing circles • Resolve conflict between victim and offender • Both parties are able to voice their feelings, and hopefully undergo a personal healing • Releasing circles • Held in Aboriginal communities at the end of a sentence • Creates a plan for a successful return of the offender to the community

  14. Appeals • Either side (Crown or Defence) can make an appeal • The side that makes the appeal is the appellant, the other party is the respondent • Can appeal the conviction, verdict, sentence, or rulings on fitness to stand trial (for summary offences only) • Appeal needs to be based on a question of law or fact

  15. Prison • Closed Custody • Inmates who are dangerous offenders, likely to escape, or hard to manage • Open Custody • Allows inmates to work, possibly go to school – be one day parole • 3 levels of prison – Maximum, Medium, Minimum • Anyone convicted of 1st or 2nd degree murder must spend at least 2 years in a maximum security prison before moving to a lower one

  16. Conditional Release • Temporary absence is allowed for offenders to participate in a rehabilitation program, obtain medical treatment, or attend significant family events. • Escorted Absence • Can be granted anytime for 5 to 15 days • Unescorted Absence • Can be granted after 1/6 of sentence is served for 2 or 3 days

  17. Parole • Day Parole • Released during the day, but must return at night • Allows offender to attend school or work to prepare for release • Full Parole • Usually a person can get parole after ½ of the sentence is served, or 7 – 10 years, whichever one is less, depending on the severity of the crime • Parole for murder • 1st degree (life in prison) – not eligible for parole for 25 years • 2nd degree – not eligible for parole for 10 – 25 years, depends on judge • Faint Hope Clause – after 15 years can ask for a review in hopes of getting parole early

  18. Royal Prerogative of Mercy • Federal Government can revoke the fine or prison sentence • Free Pardon – shows the convicted person is innocent • Ordinary pardon – granted on compassionate grounds • Criminal Records • Generally a person with a criminal record is not allowed to have any job that handles money • Some countries refuse to admit someone with a criminal record • With be with the person for the rest of their life unless they apply to have it removed

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