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Published byAugust Tucker Modified over 9 years ago
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Purpose of Sentencing
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Denunciation express society’s disapproval of the offence. “Send a message” the action is against the law and the values of society.
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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!
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Protection of the Public Protect people, property, and rights & freedoms. Direct victims AND society in general. Removal of the threat!
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Rehabilitation change an offender’s behavior and prevent further offences. Help them become law- abiding citizens How..or what? Medical, psychiatric, education
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Restitution Pay victim or society back for harm and damages done. Paying back money, fixing something, even community service.
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Retribution “An eye for an eye” “Pay” for the crime…punish ‘em! Suffer the consequences!
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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)
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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.
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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.
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