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 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

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

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 Must follow certain conditions laid out by the judge

Suspended Sentence Conditional 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

Suspension of Privilege Peace Bond 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

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

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

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)

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

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)

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

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

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

Prison Closed Custody Open 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

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

Parole Day Parole Full 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

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