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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