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Published byHector Shields Modified over 9 years ago
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Sentence - punishment imposed on a person convicted of committing a crime. The goal or purpose of a sentence ◦ Protection of public ◦ Retribution ◦ Deterrence ◦ Rehabilitation ◦ Restitution ◦ denunciation
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Retribution - punishment to avenge a crime, ensuring that offenders suffer the consequences of their actions. Eye for an Eye
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The sending of a message Specific deterrence - punishment to discourage criminals from re-offending. General deterrence - punishment to discourage people in general from offending.
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Rehabilitation - punishment combined with treatment and training to help function in society. Research indicates that offenders who participate in treatment programs are less likely to re-offend. Recidivism - returning to crime after release from prison.
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Restitution - punishment that requires the offender to pay society back for the harm or loss suffered.
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Denunciation - punishment designed to show condemnations of the offender's conduct. Send a message that conduct has violated society's basic code of values and that such conduct will be punished.
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Three perspectives must be considered in the sentencing process: ◦ The offender ◦ The victim ◦ And society
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Pre-Sentence Report - background information about the convicted offender, prepared for the Judge prior to sentencing. Psychiatric assessment - a report describing the mental history of the offender.
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Victim Impact Statement - a statement prepared by a crime victim or the victim's family describing the harm done or the loss suffered as a result of the offence.
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Sentencing Hearing - the Judge's opportunity to listen to recommendations and to consider all the facts before passing sentence. Looks at criminal record of the accused, nature and severity of the crime, offender's background, circumstances leading to and surrounding the offence, offender's family and employment situation, offender's attitude toward his/her conduct.
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Aggravating factors - circumstances that increase the severity of the sentence Mitigating factors - circumstances that decrease the severity of the sentence.
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Concerning the Offender Aggravating Factors Mitigating Factors premeditation impulsive act previous criminal record young or first offender large profits from the offence guilty plea involving others in the crime co-operating with police ring leader of the group mental or physical disability continuing offence over time short life expectancy
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Concerning the Offence Aggravating Factors Mitigating Factors violent offence minor offence number of victims time spent in custody need for deterrent delay to trial
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absolute discharge - releasing a convicted offender and erasing the criminal record after one year. conditional discharge - releasing a convicted offender under certain terms, and erasing the criminal record after three years if the terms are met.
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probation - a sentence that allows a person to live in the community under the supervision of a parole officer. ◦ Compulsory condition: Keep the peace and good behaviour Appear in court when required Notify the court of any changes in name, address, employment ◦ There can be other conditions
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suspended sentence - a judgment that is not carried out, provided certain requirements are met.
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Intermittent sentence - a sentence served on weekends and at night. ◦ Is a prison sentence of less than 90 days
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conditional sentence - a prison sentence that can be served in the community, with strict terms attached. ◦ Prison term of less than two years Performing community service Seeking treatment for drug addiction
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electronic monitoring - allowing an offender to serve a sentence at home under electronic supervision from a remote location. ◦ Electronic bracelet ◦ Random telephone dialing ◦ Video camera ◦ Breath testing
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The payment in some form to compensate the victim ◦ Money ◦ Work community service order - a sentence to perform certain services in the community for a specified time.
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binding over - a sentence ordering the defendant to keep the peace and demonstrate good behaviour for up to 12 months. Peace Bond, more common term ◦ No criminal offence has occurred unless the peace bond is broken
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Deportation – a sentence of expulsion from the country Fines- specific amounts of money paid as penalties for offences ◦ One may have an option, pay a fine or go to prison
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suspension of privilege - a sentence that withholds a privilege for a specified period or a lifetime. Driver's license, Fire arm
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Most people charged with criminal offences never go to trial. The Crown and defence counsel negotiate plea bargain - a negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence.
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incarceration - imprisonment for a specified period. The length of a prison sentence depends: ◦ Penalty attached in the criminal Code ◦ Details regarding the crime ◦ The offender ◦ Multiple sentences Less than 2 years – Provincial Two or more years - Federal
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dangerous offender - someone who constitutes a threat to the life, safely or well- being of others. indeterminate sentence - a sentence for an indefinite period concurrent sentence - sentences served at the same time. consecutive sentence - sentences served one after another
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closed custody - secured facilities for dangerous offenders. ( most furniture is non movable in the cell) open custody - less secure facilities for non- violent offenders. protective custody - separation of offenders from the rest of the prison population
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maximum-security institution - a highly secure correctional facility. medium-security institution - a correctional facility with few barriers and some freedom of movement. minimum-security institution - a correctional facility without exterior barriers.
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