1. Sentencing & Release
Lesson 66
CLU 3MR

2. Sentencing and Release
Learning Goal: Demonstrate knowledge of holistic approach to sentencing and areas for change. Warm-Up: Discuss types of sentences. Action: Note, discussion, videos Consolidation: Textbook work

3. Debate the strengths and weaknesses of the current sentencing options
Debate the strengths and weaknesses of the current sentencing options. What improvements do you think could be made?

4. Restorative Justice & Victims of Crime
Sentencing circle
Healing circle
Releasing circle
All focus on healing relationships between the offender, the victims, and the community
Used primarily in native communities

5. Victims of Crime Crown prosecutes a criminal on behalf of society
Victims traditionally play a very limited role
Changes have been made to give them a larger
Victim services have improved
Help with prep of victim impact statement
Crown can request restitution for the victim

6. Victim has the right to know the offender’s sentence, where it is being served, and when he is being released
Can attend parole sessions
Injuries compensation fund available

7. Appeals Both Crown and accused can ask for an appeal
A legal mistake must have been made
30 days is allowed for an appeal to be filed
New or ‘fresh’ evidence may be introduced if it would have affected the results of the trial

8. Prison System Correctional services Closed custody Open custody
Terms of less than 2 years are served in provincial jails
Terms of more than 2 years are served in federal jails

9. Federal Institutions The Don Jail Again
Institution chosen based on assessment of the offender
Maximum security
Kingston Penitentiary

10. 2) Medium security
Contact video
3) Minimum security
Often in a townhouse situation
Norway Jail

11. Release Programs (p 318) Escorted Absences Unescorted absences
Day Parole
Full Parole
Statutory release

12. Parole for Murder
Convicted first degree murderers are on parole for the rest of their lives
Appeals for early release are referred to as the ‘faint hope clause’
A hearing is held in front of a superior court judge

13. Other terms (use pages 320, 321):
Accelerated Review
Statutory Release
Royal Prerogative of Mercy
Criminal Records
Bonding
Pardon
Who is eligible to have a criminal record erased?

14. Task:
Apply Your Learning: Pages Questions 5 & 6

15. Test Review: Part 1: Terms (15 marks) Use the sheets you were given
Part 2: Short Answer (16 marks)
Answer 4 of 6 (point form, chart, table, etc)
Part 3: Opinion Paragraph (15 marks)
Choose 1 of 3… use statement as topic sentence and prove it! (or its opposite)
Part 4: Reading with questions (15 marks)

16. Things to know…
Types of defences (both reasons why the accused didn’t do it, and reasons why the accused did commit the act)
3 steps in forming a defence
Those with a mental disorder and the courts
Objectives of sentences
Types of sentences
Release procedures
Terminology
Battered woman syndrome
Victim’s rights and participation
How sentences are determined