CRM 304: Canadian Criminal Justice

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CRM 304 Canadian Criminal Justice

• Week 9
• Sentencing and Punishment

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This Week

• Overview of sentencing
• Goals/principles of sentencing
• Sentencing trends in Canada
• Forms of punishment
• Sentencing decision-making
• Disparity in sentences / Sentencing guidelines
• Victims and Sentencing
• Capital punishment

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Sentencing Overview

• Court (judge) responsible for sentencing
• Options prison, fines, community service,
  probation, recognizance to keep the peace
• Judges have much latitude (no minimum sentence,
  which has led to criticisms)
• Alternative community-based sentences encouraged
• Must fit the crime, serve as deterrent express
  societys approval,
• Yet must be fair and take into consideration
  mitigating factors

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Goals/Principles of Sentencing

• Denunciation (of criminal behaviour)
• Punishment (accountability)
• Deterrence (specific, general)
• Prevention (of future crimes)
• Protection of society (Selective incapacitation
  Jailing chronic criminals)
• Rehabilitation (of offenders)
• Justice (punishment must fit the crime)
• Reparation (to victims, community)

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Forms of Punishment

• Probation
• Imprisonment
• Intermittent sentences
• Fines
• Restitution and community service
• Conditional sentences

• Absolute and conditional discharge
• Community-based sanctions

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Sentencing Practices (2000-01)

• Incarceration
• 34 chance of going to jail if convicted
• Median length 30 days
• Most common offences
• Common assault
• Impaired driving
• Conviction rate 61

• Most common sanction
• Probation 44
• Fines 37
• Highest conviction rate
• Sexual assault (64)
• Characteristics of defendants
• Male 83
• Under 35 65

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Probation

• Most frequently imposed sentence in Canada
• Released into the community no jail sentence
• In 1999-2000 probation was used in
• 40 of single sentences (average 434 days)
• 49 of combination sentences (average 556 days)
• Length of probation
• Depends on type of offence (e.g. sex offenders)
• Median length is increasing
• Maximum length for probation is 3 years
• 10 years for super probation for high-risk
  offenders

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Probation

• Eligibility
• Mostly used with minor violent offences with no
  previous record
• Less likely to be used with property offenders,
  who are more likely to have a criminal record
• Women are slightly more likely to receive
  probation
• Convicted of less serious offences.

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Probation Conditions

• Compulsory
• No firearms
• Stay in jurisdiction
• Report to probation officer
• Report address and job changes
• Stay away from criminal associates

• Optional
• Rehabilitation programs
• Drug counseling
• Community service
• Stay away from children or women
• Employment or school
• Long-term supervision

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Probation Intensive Supervision

• Supervision is
• Extensive
• Focused
• Graduated
• Strictly enforced
• Coordinated

• Involves
• Several weekly contacts with probation officer
• Random drug and alcohol tests
• Residence in approved housing

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Absolute/Conditional Discharge

• Absolute Judge grants outright discharge
• No conviction, no sentence imposed
• Defendant still has a criminal record
• Conditional
• Offender must satisfy certain conditions to
  receive a discharge (no conviction, sentence
  condition)
• If condition is not satisfied, discharge is
  revoked and a sentence is imposed
• Limited to
• Sentence of less than two years imprisonment
• To be served in the community
• Under mandatory and optional conditions

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Home Confinement and Electronic Monitoring

• HC can leave dwelling only under judges
  orders/specifications
• EM electronic bracelet or telephone
  verification program.
• Generally, EM is not more effective than regular
  monitoring.
• Not used much in Canada

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Fines

• May be used alone or in combination with other
  sanctions.
• 41 of convictions resulted in fines (2001).
• Rarely used in combination with a prison sentence
  (except in high-profit offences).
• Fines alone cant be used with offences that have
  a minimum of 5 years or more.
• Highest average fines are for proceeds of crime
  (money laundering) offences

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Sentencing Decision

• Pre-sentence report
• Crown/defence counsel may suggest sentence
• Seriousness of offence
• Mitigating and aggravating circumstances

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Sentencing Disparity

• When similar crimes do not receive similar
  sentences
• Case to case
• Same offense, different penalty
• Judge to judge
• Some judges harsher than others
• Court to court
• Province to province
• Disparity or discrimination?

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Sentencing Guidelines

• Refers to legislation that forces judges to
  follow certain rules when sentencing (e.g.,
  minimum sentences)
• Pro Guidelines would reduce judicial disparity
  by controlling a judges discretion
• Con Undermines judges discretion the need for
  individuality in criminal cases
• Mandatory minimum sentences (in U.S., but not in
  Canada maximum sentence only, except murder)

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Victim Impact Statement

• 1989 Victims gained right to make impact
  statements in writing.
• 2000 Right to read statements in court.
• Victims Rights legislation
• Federal and provincial.

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Capital Punishment

• Last hanging in Canada 1961
• Officially eliminated from sentencing options
  1976
• Most Western countries have eliminated capital
  punishment
• United States only major western nation still
  with death penalty

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Capital Punishment

• Key Questions
• Does capital punishment serve as a deterrent?
• What if the condemned is later found innocent?
• Is it barbaric? Immoral?
• Is it justice (i.e., a just sentence for murder?)
• Does it discriminate (against certain races)?
• Does the state have to right to take someones
  life?

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Further Resources

• Death Penalty debate
• http//archives.cbc.ca/IDD-1-73-625/politics_econo
  my/death_penalty/
• Canadas last hanging (1961) http//archives.cbc.c
  a/400d.asp?id1-73-625-3335
• Canadas hangman (1976) http//archives.cbc.ca/400
  d.asp?id1-73-625-3341
• Canada abolishes death penalty (1976)
  http//archives.cbc.ca/400d.asp?id1-73-181-994-11
  
• Death Penalty in the U.S.
• http//www.pbs.org/wgbh/pages/frontline/angel/

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Capital Punishment Group Discussion

• George Carlin on Capital Punishment
• What do you believe is Carlins main message
  about capital punishment?
• What opinions is he offering about societies
  (i.e., the United States) that still have capital
  punishment?
• What do you think he is saying about some of the
  main issues that revolve around capital
  punishment, such as
• Is it a deterrent?
• Does it discriminate (against certain classes or
  races)?
• Is it ethical and moral? Is it barbaric and
  immoral?
• Is it actually justice?