1. Process and Objectives of Sentencing

2. SENTENCING
Sentencing involves considering a penalty for one convicted of a crime
Sentencing occurs typically immediately following a verdict being imposed
Once a sentence is given, either side can appeal the sentence in a higher court

3. PRE-SENTENCE REPORT
For offenders of major offences, a judge orders a probation officer to create a report
Pre-sentence report outlines the situation of the offender in terms of:
Past behaviour/crimes of offender
Likeliness to reoffend if released to society
Interviews with offender and people familiar with offender considered when creating report
Judge uses this report as a basis for sentencing

4. SENTENCING PROCEDURE
During sentencing, both Crown and defence have a chance to call forth evidence (via witnesses, etc.) that speaks to offender’s background
Crown may also highlight offender’s criminal record
Convicted offender may give a statement
Victim and others impacted may also give victim impact statement, explaining how offence has affected their lives adversely

5. SENTENCING OBJECTIVES
Overall purpose in sentencing is for the protection of society
Objectives for sentencing in criminal law are:
Deterrence
Retribution
Rehabilitation
Segregation/protection
Hope is that offender will not lapse into recidivism

6. DETERRENCE
Attempts to:
Make potential criminals think twice about committing a crime
Deter offenders from reoffending
Death penalty is often cited as a potential deterrent
When a gov’t increases the penalty for a particular crime, it usually is meant to create a stronger deterrent

7. RETRIBUTION Attempts to:
Create a sense of equal punishment for the level of damage done by the crime; an “eye for an eye”
This objective has been used as a basis for much of the punishments enacted throughout legal history

8. REHABILITATION
Also known as “resocialization”
Attempts to:
Improve offender’s mental well-being through psychiatric help
Improve offender’s chances to adopt a law-abiding person’s lifestyle through job-skill training
Much of Canadian legal purpose today works towards this measure

9. SEGREGATION/PROTECTION
To remove offenders from society in order to:
Remove opportunities for offender to reoffend or commit other crimes
Some see prison sentences as serving a rehabilitative purpose, as offenders will have the time to reflect upon their wrongful actions