Purpose of Sentencing

Denunciation  express society’s disapproval of the offence.  “Send a message”  the action is against the law and the values of society.

Deterrence  Discourage others from committing similar offences (General deterrence)  Discourage a criminal from re-offending (Specific deterrence).  Make it known that anyone breaking the law WILL be punished!

Protection of the Public  Protect people, property, and rights & freedoms.  Direct victims AND society in general.  Removal of the threat!

Rehabilitation  change an offender’s behavior and prevent further offences.  Help them become law- abiding citizens  How..or what?  Medical, psychiatric, education

Restitution  Pay victim or society back for harm and damages done.  Paying back money, fixing something, even community service.

Retribution  “An eye for an eye”  “Pay” for the crime…punish ‘em!  Suffer the consequences!

Considerations BEFORE sentencing  The circumstances of the offence, its seriousness, and the offender’s degree of responsibility  The offender’s circumstances attitude and history, including the presence or absence of a criminal record  the impact on the victim  sentences imposed for similar offences by similar offenders (Precedence)

Considering the Offender  A pre-sentence report!  The report helps the judge to learn more about the accused before sentencing.  Prepared by a probation officer  States the age, education, family support, employment, health problems, addictions, and previous convictions of the offender.  May include interviews with the victim and people close to the offender such as family, friends, a teacher, or an employer.

Considering the Victim  Victim impact statement!  The victim’s statement about the effect of the crime.  Must be made by the person to whom harm was done or be made by a person who suffered physical or emotional loss as a result of the commission of the offence.  If the victim is dead, ill, or incapable of making the statement, then a relative of that person may make the statement.  A victim may read their written statement in court.