respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions To denounce unlawful conduct To deter the offender and other persons from committing offences To separate offenders from society, where necessary To assist in rehabilitating offenders To provide reparations for harm done to victims or to the community To promote a sense of responsibility in offenders, and acknowledgement of the harm done to victims and the community In arriving at a just sentencing decision a judge generally has discretion to consider the above objectives
However, some constraints do exist. Example: mandatory minimum sentences
Judges must study the circumstances of each case carefully and consider all objectives and principles before choosing a sentencing option Judges are also required by law to state the reason(s) for imposing a particular sentence and must clearly state all terms of the sentence. 1. Finding of Guilt: The accused is found guilty or pleas guilty
2. Statements are Ordered: normally the judge will order a probation officer to prepare a pre- sentence report: Facts of the case Interview with offender Interview with others connected to offender (parents, school personnel, employer, friends Victim impact statement could be filed 3. Submissions on Sentence:
Court meets again to consider pre-sentence report
Defence and Crown will speak and have right to call witnesses
Defence and Crown may also work together and suggest a sentence to the judge - plea bargain 4. Conviction Entered Judge will then pass sentence (fine, probation, jail, etc) Must make reference to Criminal Code or other applicable law Deterrence: Sentencing should prevent an offender from committing a criminal offence in the future (speficic) and member of society should be deterred from committing a similar crime (general)
Rehabilitation Help offenders become law-abiding citizens. Educational programs, drug and alcohol programs help bring changes to behaviour. Reduces recidivism returning to crime after release from prison Retribution: Punishing an offender to avenge a crime or to satisfy the public that the offender has paid for the crime
Protection of Society: One of the main goals in sentencing
Because of the high cost of maintaining the prison system, diversion programs sentences that keep offenders out of the prison system are increasing May be granted for minor or first time offence that does not carry a minimum sentence and the penalty is less than 14 years
Absolute discharge is effective immediately with no conditions attached, judge sets the person free, criminal record is destroyed
Conditional discharge is a release with conditions attached curfew, avoiding contact with certain people, etc. Sentencing delayed If the offender meets certain conditions, it will never be served report to a probation officer, have no weapons
Still has a criminal record A prison term of less than two years that can be served in the community
Perform community service, seek treatment for drug addiction, etc. Prison sentence of less than 90 days that can be served on weekends and at night.
Used for non-violent offenders, have steady employment and whose families depend on them working Required the offender to repay the victim
May have to offer financial compensation or shovel driveway, cut grass, do grocery shopping for victim, etc
Requires the offender to perform certain services for a set number of hours
Food bank, coaching a ball team, etc Deportation Anyone not a Canadian citizen who commits a serious offence can be sent back to their home country
Fines Specific amounts of money paid as penalties for offences
Suspension Withholds a privileged such as a drivers license for a specified time or a lifetime
Help to settle conflict to the satisfaction of the parties involved.
Victim-offender meditation is one such program Brings together victims, wrongdoers, and trained facilitators.
Conflicts are discussed, strategies and schedules for reparations are devised and follow-ups and monitoring are arranged.
All occurs in a controlled environment The process of restorative justice helps offenders learn to accept full responsibility for their actions
A goal of RJ is based on establishing a respectful relationship among all parties.
This in turn will help offenders to be reintegrated, or restored, into their communities. 1. Crime violates a relationship among victims, offenders, and the community
2. Responses to crime should encourage the active participation of victim, offender and community
3. A consensus approach to justice is the most effective response to crime. When an innocent person is wrongfully convicted, it is a double failure: The innocent individual is wronged A guilty person goes free
Wrongful convictions are usually the product of problems with the system. A tunnel visionoccurs with investigators when suspects are identified Police can obtain and manipulate evidence to prove presumed guilt 1.A heinous crime, unsolved crime that pits an unpopular or minority accused,
2.Assisted by inadequate defence,
3.Against a determined prosecution,
4.Seeking a conviction to resolve community concern. Aggravating factors (tending to increase sentence): actual or threatened violence previous convictions cruelty towards victim particularly vulnerable victim (very old, young, disabled, etc.) impediment of victims access to justice multiple victims or multiple incidents substantial economic loss to victim breach of trust (victim had placed trust in the perpetrator) planned or organized criminal activity Mitigating factors (tending to reduce sentence): absence of previous convictions absence of previous convictions offender is physically or mentally impaired offender is physically or mentally impaired offender is quite young or elderly offender acted under duress victim provoked the offender restitution was made to the victim by the offender restitution was made to the victim by the offender offender played minor role in the offence