1. Chapter 9

2. Factors considered when sentencing
A judge must consider many factors when determining sentencing – refer to figure 9-2 (pg.252)
Pre-sentence report
A report prepared for the judge by a probation officer describing the offender’s situation
Victim Impact Statement
Statement made by the victim and others affected by the victim on how the offence affected their lives
Mitigating Circumstances
Lessen the responsibility of the offender
Aggravating Circumstances
Increase the responsibility of the offender

3. Goals when sentencing offenders
Deterrence
Should deter an offender from committing a criminal offence in the future
Everyone should be deterred from committing a criminal offence
Rehabilitation (resocialization)
Assist and prepare offenders to return to society
Retribution
Punish offenders
Segregation
Incarceration - segregating offenders from society

4. Sentencing an Offender
Diversion programs
They are used to keep offenders out of the prison system and repay society
Absolute Discharge
Usually the first offence
Will not receive a criminal record
Conditional Discharge
Must follow certain conditions laid out by the judge

5. Suspended Sentence Conditional Sentence
If the offenders meets certain conditions laid out by the judge then they will never serve their sentence
Still has a record of conviction and can be placed on probation for 3 years
Conditional Sentence
Can be used if the sentence is less than 2 years and crime carries no minimum sentence
Can serve sentence in the community and must keep the peace

6. Suspension of Privilege Peace Bond
Probation
Offenders must follow certain conditions and keep the peace
Suspension of Privilege
Loss of social privilege (ex. Drivers license)
Peace Bond
Keep the peace, follow certain conditions for up to 12 months
May need to stay away from certain people, their family members, or people associated with them

7. Restitution or Compensation
Offender repays the victim in forms of cash, work, or anything the offender and victim work out
If offender fails to complete restitution, they are imprisoned
Community Service Orders
Work a certain number of hours that make a useful social contribution
Frequent with high profile people (ex. Artist preforms a concert for charity)
Deportation
Anyone who is NOT a Canadian citizen and commits a serious crime, can be deported to his or her origin country – usually federal government will apply to the courts for this to happen

8. Fines
Max fine for summary offences is $2000 (except assault is $5000)
If unable to pay fine, the offender can work and earn credits towards his/her fine. (similar to community service)
Imprisonment
6 months max for summary convictions (assaults, etc. can be 18 months)
Time spent in custody before trial - standard rule is that it will count for twice the time (due to no parole, rehabilitation or recreation)
30 days or less – local penitentiary
30 days to 2 years – provincial prison
More than 2 years – federal prison

9. Dangerous and Long Term Offenders
Little hope of being rehabilitated/pose a threat to society
For someone to be a dangerous offender they must:
Have a pattern of aggressive behavior that is unlikely to change
Doesn’t care about the consequences
Future behavior is likely to be abnormal
Has sexual impulses that will likely cause pain to others
Offender receives an indeterminate sentence (institutionalized until they display normal behavior)

10. Types of Imprisonments
Concurrent sentence
Serve the penalties for two or more crimes at the same time
Consecutive sentence
Serve the penalties for two or more crimes right after each other
Intermittent sentence
Serve penalties on weekends or at night (only for sentences that are 90 days or less)
Indeterminate sentence
Offender is institutionalized until it can be shown they can return to society and display normal behavior

11. Principle of totality
Someone who commits the same crimes multiple times does not receive an overlong prison term. (stealing 4 cars, but only getting 15 years- Theft over $5000 max is 10 years)

12. Capital Punishment Capital Punishment (death penalty)
Canada has not had Capital Punishment since 1967.
Since the inception, Canada hanged 710 people before abolishing it

13. Restorative Justice
Restorative justice focuses on healing relationships
Sentencing circles
The offender, victim, family and community members, a judge, lawyers, and police recommend the offenders sentence and possible restitution
Healing circles
Resolve conflict between victim and offender
Both parties are able to voice their feelings, and hopefully undergo a personal healing
Releasing circles
Held in Aboriginal communities at the end of a sentence
Creates a plan for a successful return of the offender to the community

14. Appeals Either side (Crown or Defence) can make an appeal
The side that makes the appeal is the appellant, the other party is the respondent
Can appeal the conviction, verdict, sentence, or rulings on fitness to stand trial (for summary offences only)
Appeal needs to be based on a question of law or fact

15. Prison Closed Custody Open Custody
Inmates who are dangerous offenders, likely to escape, or hard to manage
Open Custody
Allows inmates to work, possibly go to school – be one day parole
3 levels of prison – Maximum, Medium, Minimum
Anyone convicted of 1st or 2nd degree murder must spend at least 2 years in a maximum security prison before moving to a lower one

16. Conditional Release
Temporary absence is allowed for offenders to participate in a rehabilitation program, obtain medical treatment, or attend significant family events.
Escorted Absence
Can be granted anytime for 5 to 15 days
Unescorted Absence
Can be granted after 1/6 of sentence is served for 2 or 3 days

17. Parole Day Parole Full Parole
Released during the day, but must return at night
Allows offender to attend school or work to prepare for release
Full Parole
Usually a person can get parole after ½ of the sentence is served, or 7 – 10 years, whichever one is less, depending on the severity of the crime
Parole for murder
1st degree (life in prison) – not eligible for parole for 25 years
2nd degree – not eligible for parole for 10 – 25 years, depends on judge
Faint Hope Clause – after 15 years can ask for a review in hopes of getting parole early

18. Royal Prerogative of Mercy
Federal Government can revoke the fine or prison sentence
Free Pardon – shows the convicted person is innocent
Ordinary pardon – granted on compassionate grounds
Criminal Records
Generally a person with a criminal record is not allowed to have any job that handles money
Some countries refuse to admit someone with a criminal record
With be with the person for the rest of their life unless they apply to have it removed