Deciding on a Punishment

Sentencing is a difficult job for a Judge. There is much at stake. Safety of society Safety of society Freedom of the offender Freedom of the offender Economic well being of offender’s family Economic well being of offender’s family The desire of the victim, or the victim’s family. The desire of the victim, or the victim’s family.

The Judge tries to find out as much about the offender and the crime as possible. The Judge tries to find out as much about the offender and the crime as possible. The Judge makes use of a pre-sentence report which is prepared by a Probation Officer. The Judge makes use of a pre-sentence report which is prepared by a Probation Officer.

A Pre-Sentence Report Is prepared by a Probation Officer when asked by “The Court” prior to sentencing of a person found guilty of a crime. Is prepared by a Probation Officer when asked by “The Court” prior to sentencing of a person found guilty of a crime.

A Pre-Sentence Report The Probation Officer researches a convicted person’s background in a number of areas that include … The Probation Officer researches a convicted person’s background in a number of areas that include … Charges, lawyers, Judge, etc. Charges, lawyers, Judge, etc. Personal data (address, etc.) Personal data (address, etc.) Court information Court information Previous criminal record Previous criminal record Education Education Employment Employment Assessment (physical, emotional, psychiatric, etc.) Assessment (physical, emotional, psychiatric, etc.)

A Pre-Sentence Report The Probation Officer also provides his/her assessment of the convicted person. The Probation Officer also provides his/her assessment of the convicted person. All of these factors – including other factors relating to the offence committed – are considered by the Judge prior to sentencing. All of these factors – including other factors relating to the offence committed – are considered by the Judge prior to sentencing.

Sentencing Factors The Federal government set up the Canadian Sentencing Commission to make recommendations that would improve sentencing. The Federal government set up the Canadian Sentencing Commission to make recommendations that would improve sentencing. The following is a list of factors which Judges take into consideration when Sentencing: The following is a list of factors which Judges take into consideration when Sentencing:

Number of victims Number of victims Number of incidents Number of incidents Was the offender young or elderly? Was the offender young or elderly? Was the offender physically or mentally impaired? Was the offender physically or mentally impaired? The offence involved actual, or threatened, violence; or the actual use of a weapon or an imitation weapon. The offence involved actual, or threatened, violence; or the actual use of a weapon or an imitation weapon. The offender has previous convictions. The offender has previous convictions. The offender was excessively cruel to the victim. The offender was excessively cruel to the victim.

The victim provoked the violence. The victim provoked the violence. The offender has made restitution to the victim. The offender has made restitution to the victim. The victim was vulnerable due to age, infirmity, etc. The victim was vulnerable due to age, infirmity, etc. The offender played a relatively minor role in the offence. The offender played a relatively minor role in the offence. The offence was planned, or part of a criminal activity The offence was planned, or part of a criminal activity

The offence was a breach of trust. That is, a person in a trusted position used that position to take advantage of the victim. The offence was a breach of trust. That is, a person in a trusted position used that position to take advantage of the victim. The offender was under stress. The offender was under stress. The victim suffered substantial financial loss. The victim suffered substantial financial loss.

These factors can be divided into two categories: Aggravating Factors: Aggravating Factors: Things that would increase the sentence. Things that would increase the sentence. Mitigating Factors: Mitigating Factors: Things that would decrease the sentence. Things that would decrease the sentence.

Create a chart which lists the Aggravating Factors in one column, and the Mitigating Factors in another column. Aggravating Factors: Aggravating Factors: Mitigating Factors: