From Sentencing to Release

1
From Sentencing to Release

• Chapter 9

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Criminal Sentencing

• Sentencing a convicted person is one of the most
  complex parts of the legal system.
• A judge must weigh several factors when deciding
  how to sentence an offender.
• In Canada, a judge has numerous sentencing
  options, which range from releasing the accused
  to imprisonment.
• The sentencing process is controversial to many
  Canadians, as most convicted offenders do
  reintegrate back into society at some point.
• There is constant debate over how hard or
  soft convicted offenders should be treated by
  the justice system.

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Purposes of Sentencing

• In 1995, the Criminal Code was amended to provide
  judges with clearer direction when sentencing
  convicted offenders.
• Each sentence issued by a judge should reflect as
  many of these four objectives as possible
• denouncing unlawful conduct
• deterrence
• separation or segregation
• rehabilitation

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Denouncing Unlawful Conduct

• Part of any criminal sentence should involve
  denouncing or condemning unlawful conduct.
• It should be clear to the offender that what he
  or she did was wrong from the viewpoint of
  society.
• When convicted offenders are sentenced, their
  character and past behaviour are considered.
• If they are repeat offenders or if the crime they
  committed is severe, their behaviour will be
  denounced in the strongest terms, and that should
  be reflected in the sentence they receive.

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Deterrence

• A sentence is supposed to deter or prevent an
  offender from committing more crimes.
• Deterrence can be divided into two types
• Specific deterrence a sentence that discourages
  a particular criminal from reoffending or
  committing another crime in the future.
• General deterrence a sentence that discourages
  the general public from committing a particular
  crime.

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Segregation

• Another purpose of criminal sentencing is to
  separate or segregate offenders from society.
• This usually involves incarcerating the offender
  (putting them in prison).
• Incarceration is not always necessary. If an
  offender is not considered dangerous, they may
  avoid a prison sentence and be reintegrated into
  society sooner.
• As of 2008, Canadas incarceration rate per every
  100,000 people was much lower than the U.S.s and
  one of the lowest in the world.

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Rehabilitation

• Since most convicted offenders rejoin society at
  some point, the Criminal Code also states that a
  sentence should try (in part) to assist or
  rehabilitate offenders so they can avoid a life
  of crime.
• Recidivism is the act of recommitting crimes -
  being a repeat offender.
• Rehabilitation looks to provide offenders,
  particularly prison inmates, with important
  skills they need to be productive members of
  society.
• Examples of rehabilitative programs include job
  training, counselling, and opportunities for
  education.

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Other Objectives

• In addition to denouncing unlawful conduct,
  specific and general deterrence, segregation and
  rehabilitation, there can be a few other
  objectives in sentencing
• Reparations repaying victims and/or the
  community for harm done
• Remorse judges will consider whether or not the
  offender expresses sincere regret for his or her
  guilty actions

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Imposing a Sentence

• In Canada, judges usually have discretion when
  imposing sentences.
• For some cases, there are mandatory minimum
  sentences created by Parliament that a judge must
  follow.
• Before a judge issues a sentence, he or she
  reviews a pre-sentence report on the offender.
• This report may include aggravating and
  mitigating circumstances as well as victim impact
  statements.

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Factors in Sentencing

• A judge considers
• Aggravating circumstances factors that
  demonstrate the punishment should be more severe
  the sentence should be harsher.
• Mitigating circumstances factors that
  demonstrate the punishment should be less severe
  the sentence should be less harsh.
• Victim impact statement a statement made by the
  victim (or on their behalf) that describes how
  the offence affected his or her life and loved
  ones.

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Sentencing Options

• When many Canadians hear the term sentencing,
  they think of imprisonment. However, there are
  several other options available to a judge
• Absolute or conditional discharge
• Suspended sentence and probation
• Conditional sentence
• Suspension of a privilege
• Peace bond
• Restitution or compensation
• Community service
• Deportation
• Fines

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Discharges

• For a crime that carries a maximum sentence of
  less than 14 years, an offender may receive one
  of two possible discharges.
• Absolute Discharge offender is released without
  conditions and with no criminal record.
• Conditional Discharge offender is released with
  conditions or terms, which, if completed, result
  in no criminal record for the offender.
• Discharges are usually only granted if it is the
  offenders first offence and it is not a very
  serious crime.
• Although there is no criminal record, it is noted
  that the offender was granted a discharge.

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Suspended Sentences

• A suspended sentence is a punishment that is not
  carried out as long as certain conditions are
  met this sentence usually involves probation.
• Probation a punishment that allows an offender
  to live in the community, but with certain
  conditions and supervision (reporting to a
  probation officer).
• The main difference between a suspended sentence
  and an absolute or conditional discharge is that
  with a suspended sentence there is a record of
  criminal conviction.

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Conditional Sentence

• If the maximum sentence is less than two years, a
  judge may impose a conditional sentence.
• This sentence allows the offender to serve their
  time in the community instead of prison.
• A judge must be reasonably sure the offender is
  not a threat to the public.
• The offender must also keep the peace and be of
  good behaviour.
• Additional orders may include curfews, or
  abstaining from drugs and alcohol.

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Suspension of a Privilege

• This sentence takes away a privilege from a
  convicted offender for a specific or indefinite
  period of time.
• The most common suspension of a privilege is a
  drivers licence. Another common example is
  suspending restaurant liquor licenses.
• A drivers licence is usually surrendered to the
  court clerk by the driver before he or she leaves
  the courtroom.
• Liquor licences are often removed if an
  establishment has violated liquor laws and
  regulations.

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Peace Bond

• This sentence comes in the form of a court order
  requiring a person to keep the peace for up to 12
  months.
• A peace bond is a common sentence in harassment
  or assault cases that are not very serious.
• A common criterion for a peace bond includes
  staying away from a certain person or place.
• If the conditions of the peace bond are met
  successfully, the charges against the accused may
  be withdrawn.

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Restitution

• Also referred to as compensation, this sentence
  requires the offender to pay back the victim
  for the harm or loss he or she created.
• Restitution usually comes in the form of .
• A victim may ask the court to consider imposing
  restitution at the time of sentencing.
• A judge considers the offenders ability to pay
  when deciding the amount of compensation to
  impose in a sentence.
• Restitution may also include making the offender
  work for the victim, although this is not common.

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Community Service

• This sentence orders the offender to perform
  specific work in the community.
• A judge can dictate how many hours an offender
  must work in the community as well as the nature
  of that work.
• The objective of community service orders is to
  associate the offender with people in the
  community who are not criminals. This is
  supposed to decrease the possibility of
  recidivism.

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Deportation Fines

• If a non-citizen commits a criminal offence in
  Canada, it is possible to sentence him or her to
  be deportedsent back to his or her country of
  origin.
• Canadian residents who commit serious crimes in
  other countries may also be extradited (returned)
  to that country to stand trial.
• For many summary conviction offences, an offender
  may be fined instead of receiving another type of
  sentence. Fines may also be given for indictable
  offences.
• If offenders cannot afford to pay, they may be
  enrolled in a fine option program, to work in the
  community to pay off the debt.

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Prison

• The most serious criminal sentence an offender
  can receive is imprisonment.
• There are various types of prison sentences as
  well as different types of prisons used to
  incarcerate offenders.
• Local detention centre if the sentence is 30
  days or less
• Provincial prison if the sentence is between 30
  days and 2 years
• Federal prison if the sentence is between 2
  years and life in prison

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Prison Sentences

• Types of prison sentences include
• Concurrent a prison sentence for two or more
  offences to be served at the same time.
• Consecutive a prison sentence for two or more
  offences to be served one after another.
• Intermittent a prison sentence of 90 days or
  less that is served on weekends or at night.
• The principle of totality is a rule that looks at
  all the circumstances of a prison sentence to
  ensure that it is fair.

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Dangerous Offenders

• A convicted offender who is considered a very
  serious risk to the public may be given an
  indeterminate sentence. This means that he or she
  will be in prison indefinitely.
• A dangerous offender
• displays a brutality that is abnormal.
• has a pattern of aggression that is unlikely to
  change.
• is indifferent to the effects of his or her
  behaviour.
• possesses sexual impulses that may cause pain or
  injury to others.
• An indeterminate sentence can end if authorities
  decide the offender is no longer dangerous.

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Capital Punishment

• In 1976, Parliament abolished (removed) capital
  punishment, also known as the death penalty,
  from the Criminal Code.
• Prior to 1962, a person could be sentenced to
  death in Canada if they were found guilty of
  first degree murder.
• After 1962, all death sentences were commuted
  (switched) to life imprisonment, which eventually
  led to the official cancellation of capital
  punishment in a close vote in 1976.
• In 2001, the Supreme Court reaffirmed Canadas
  rejection of the death penalty.

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Restorative Justice

• A recent approach to criminal sentencing is
  restorative justice, which focuses on forgiveness
  and involves the community.
• Sentencing circles common in Aboriginal
  communities the offender, victim, and others in
  the community are brought together to decide on
  the offenders punishment.
• Healing circles an opportunity for an offender
  and his or her victim to voice their feelings and
  resolve their conflict.
• Releasing circles also common in Aboriginal
  communities and parole boards a plan is prepared
  to return the offender to society.

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Compensation Funds

• Each province has a victim compensation fund.
  This is public money to compensate a victim if
  any of the following circumstances exist
• lost pay
• pain and suffering from injuries
• medical bills and prescriptions
• loss of income by dependants if victim dies
  (e.g. funeral expenses)
• child support for the offspring of sexual assault

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Appeals

• Both the Crown and the convicted offender have
  the right to appeal a conviction or sentence.
• An appeal asks the court to review and reconsider
  the conviction and/or sentence that has been
  imposed.
• The party who requests the appeal is the
  appellant and the party who opposes the appeal is
  the respondent.

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Parole

• Prison inmates are usually eligible for parole
  after they have served 1/3 of their sentence or 8
  years, whichever comes first.
• A parole board reviews the offenders behaviour
  in prison and decides whether or not to grant
  paroleearly release from prison.
• A parolee must report to a supervising officer
  and follow certain conditions until his or her
  sentence is complete. If parolees violate any
  condition, they can be returned to prison.
• Full parole is not usually granted to offenders
  convicted of first degree murder before 25 years.

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Mercy

• The federal government has the power to grant a
  Royal Prerogative of Mercy, which means they can
  revoke a prison sentence or issue a pardon.
• A pardon is granted when an offender is
  officially excused from a crime.
• Parole boards review cases and advise the
  solicitor-generals office regarding pardons,
  which are often granted if a person appears to
  have been wrongfully convicted.

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Criminal Records

• Having a criminal record may create many
  difficulties for a convicted offender in addition
  to embarrassment and humiliation.
• A criminal record may hinder or restrict job
  opportunities as well as the ability to travel.
• Many jobs involve bonding, which guarantees the
  honesty of a person who handles money and other
  valuables. A person with a criminal record
  usually cannot be bonded.
• A convicted offender may apply for a pardon
  usually 35 years after completing his or her
  sentence.