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Sentencing

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					                        Sentencing

Goals of Sentencing
  Protection of the Public
  Retribution - define
  Deterrence - define
  Rehabilitation - define
  Restitution - define
  Denunciation – define

Question: Which goal should be the most important goal in
sentencing and why?

Read “ A controversial Sentence” page 277

Sentencing Procedures
   Three groups to be considered in sentencing: a. the
    offender, b. the victim, c. society.

The Offender
   Pre-sentence report that will give the judge insight into
    the offender as a member of the community.
   Psychiatric assessment

The Victim
   More and more we are seeing victim impact
    statements (s. 722 of the Criminal Code)
   Harm or loss experienced by the victim or the victims
    family
Society
   The crown represents the interest of society
   They may introduce the offenders criminal history to
    see that they cannot re-offend

Sentence Hearing
    The judge must consider all of the following:
   Criminal record
   Pre-sentence report findings
   Nature and severity of the crime
   Offender’s background
   Circumstances leading to the offence
   Offender’s family and employment situation
   Offender’s attitude towards what they have done


     Judges are limited by the criminal code as to what
sentence they can give. They must consider all the factors
involved.

Define; Mitigating and aggravating factors and look at the
chart on page 281.

Sentencing options

#1. Discharges – Two types. Absolute – totally free to go
and Conditional – a release with rules to follow (i.e.
restraining orders)
#2 Probation – the offender must show that hey can live
within the community without doing any harm. Probation
officers are assigned to keep watch on the offender. If they
don’t comply then it’s off to jail.

#3 Suspended Sentence – The offender still has a criminal
record. Judgement is passed but not carried out. Done to
scare the offender into being a good citizen.

#4 Intermittent – 90 days or less. Can serve them on
weekends so the offender can still hold a job.

#5 Conditional – They can be given as long as the offence
does not have a min. sentence. Examples; community
service and drug rehab.

#6 Electronic Monitoring- they can be employed when the
offender is given house arrest. Save the taxpayer a lot of
money.

#7 Restitution – Offender maybe ordered to pay the victim
compensation for their losses. This is commonly known as
community service.

#8 Binding order (peace bonds), Deportation (Non
Canadian citizens can be forced to leave the country, and
fines.

#9 Suspension of privileges like hunting or driving
licences.
#10 The Plea Bargain – The accused and the Crown make a
deal for a guilty plea or an exchange of information. They
can lead to suspended sentences, probation or lesser jail
terms.

#11 Good old fashion Incarceration – Canada sets specific
lengths of time. Some crimes require a min. amount of time
served (Murder 2 is 10 years)

Dangerous Offenders – are sentenced to an undetermined
period of time. They are still eligible for parole but not until
a parole board feels it’s safe to release them. We call this
life.

Concurrent vs. Consecutive sentences
   Charged with multiple offences
   Consecutive means you serve one at a time.
   Concurrent means you serve the sentences together.


Read R v. Latimer and cite the case.

				
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