LAW 12 MUNDY 2008 Process and Objectives of Sentencing

SENTENCING Sentencing involves considering a penalty for one convicted of a crime Sentencing occurs typically immediately following a verdict being imposed Once a sentence is given, either side can appeal the sentence in a higher court

PRE-SENTENCE REPORT For offenders of major offences, a judge orders a probation officer to create a report Pre-sentence report outlines the situation of the offender in terms of:  Past behaviour/crimes of offender  Likeliness to reoffend if released to society Interviews with offender and people familiar with offender considered when creating report Judge uses this report as a basis for sentencing

SENTENCING PROCEDURE During sentencing, both Crown and defence have a chance to call forth evidence (via witnesses, etc.) that speaks to offender’s background Crown may also highlight offender’s criminal record Convicted offender may give a statement Victim and others impacted may also give victim impact statement, explaining how offence has affected their lives adversely

SENTENCING OBJECTIVES Overall purpose in sentencing is for the protection of society Objectives for sentencing in criminal law are:  Deterrence  Retribution  Rehabilitation  Segregation/protection Hope is that offender will not lapse into recidivism

DETERRENCE Attempts to:  Make potential criminals think twice about committing a crime  Deter offenders from reoffending Death penalty is often cited as a potential deterrent When a gov’t increases the penalty for a particular crime, it usually is meant to create a stronger deterrent

RETRIBUTION Attempts to: Create a sense of equal punishment for the level of damage done by the crime; an “eye for an eye” This objective has been used as a basis for much of the punishments enacted throughout legal history

REHABILITATION Also known as “resocialization” Attempts to:  Improve offender’s mental well-being through psychiatric help  Improve offender’s chances to adopt a law- abiding person’s lifestyle through job-skill training Much of Canadian legal purpose today works towards this measure

SEGREGATION/PROTECTION To remove offenders from society in order to:  Remove opportunities for offender to reoffend or commit other crimes Some see prison sentences as serving a rehabilitative purpose, as offenders will have the time to reflect upon their wrongful actions