SENTENCING Goals of Sentencing Procedures of Sentencing ASK CLASS – What does the word sentencing mean to you?

Goals of Sentencing Rehabilitation Restitution Denunication Protection of the Public Retribution Deterrence Rehabilitation Restitution Denunication

Goals of Sentencing Protection of Public Retribution (punishment) People, property, and rights and freedoms Retribution (punishment) Offenders should suffer the consequences of their actions suitable to crime committed ex. Murder – 25 years to life immediately given Deterrence General - Discouraging others (pp’l in society) from committing a crime Specific - Discouraging criminals from re-offending

Goals of Sentencing Rehabilitation Restitution Denunciation Treating (helping) offenders to become law abiding citizens Restitution Offender must pay society for the harm or loss suffered Ex. Community service Denunciation Punishment designed to show that the offender’s conduct has violated society’s values (ex. Maximum sentence for child abuse)

Sentencing Procedures After a defendant is convicted in a criminal trial, the sentencing process begins. Summary & Minor Offences – sentencing usually takes place immediately Indictable Offences – more complex and is often delayed to allow time for the Judge to make an informed decision

Sentencing Procedures Three Perspectives to Consider Considering the Offender Considering the Victim Considering Society

Sentencing Procedures 1. Considering the OFFENDER Pre-sentence report: prepared by probation officer to gather information about offender (ex. Offender’s background, family, education, employment history, physical & mental health, friends, etc.) Report must be objective to paint a clear picture for the Judge of the accused as a person in society Psychiatric Assessment: Report prepared by psychiatrist describing the mental history of offender and results from tests

Sentencing Procedures 2. Considering the VICTIM Victim Impact Statement: A statement which describes the harm or loss experienced by the victim or the victim’s family. May be read before the offender or presented in any other manner the Court feels appropriate. Sgt Ryan Russell Widow's Statement

Sentencing Procedures 3. Considering SOCIETY The Crown represents society, presents evidence at trial to support the criminal charges to convince Judge or jury of defendant’s guilt beyond a reasonable doubt. IF accused is found guilty – Crown has right to recommend appropriate sentence It is the Crown’s role to ensure society’s best interest are protected

Sentencing Procedures Aggravating & Mitigating Factors Aggravating Factors: - factors that demonstrate the punishment should be more severe - i.e. evidence showing that an offender abused a position of trust or authority in relation to the victim, or committed a crime in associate with a criminal organization Jodi Arias - Aggravating Factors

Sentencing Procedures Aggravating & Mitigating Factors - facts that demonstrate the punishment should be less severe. - i.e. whether the crime involved a first-time offender. Offender may have a good character or good employment record. In such cases penalty may be reduced.

Traditional Sentences Pls read Traditional Sentences in your textbook on pgs. 292-309 and complete Sentences booklet