Sentencing Options

Types of Sentencing  Sentencing does not always mean imprisonment.  Due to the high cost of maintaining the prison system, diversion programs are increasing. They cost less than imprisonment Prevent the accused from socializing with other convicts. Allow accused to repay society in a meaningful way.

Rates of Incarceration, 2000 CountryRate for every citizens United States699 New Zealand149 Britain and Wales124 Canada118 Germany97 France89 Denmark61 Finland57

Absolute or Conditional Discharge  If sentence is less than 14 years and carries no minimum sentence, an absolute or conditional discharge may be assigned.  Usually assigned for first time offenders or when media exposure has been so severe that it has been a penalty itself.

Absolute Discharge  A sentence in which, while the offender is found guilty, no conviction is recorded and the offender is free to go without conditions.

Conditional Discharge  A sentence in which, the offender is found guilty, no conviction is recorded and the offender is free to go ….. BUT, must meet certain expectations (probation orders) in order to avoid a criminal record.

Restitution or Compensation  Something given to make amends for a loss (e.g. damages to an injured party)

Community Service Order  A sentencing option in which the Judge demands the offender does some specific work in the community, under supervision.

Suspensions  A sentence that removes a privilege, such as driving or attending school.

Probation  A sentence that allows the offender provisional freedom rather than imprisonment.  Requires good behaviour and other conditions the Judge imposes; common for first time offenders.

Deportation  To be expelled to one’s country of origin.  Common if someone is declared to be an illegal immigrant.

Fines  If the penalty for an offence is five years or less, the offender may – in some cases – pay a monetary fine instead of going to prison.  The Judge establishes the amount of the fine

Imprisonment  If the prison sentence is 30 days or less, the offender is usually kept at the local detention centre.  If the sentence is more than 30 days, but less than two years, the offender is placed in a provincial prison or reformatory.  If the sentence is two years or more, the offender is sent to a federal institution – penitentiary.