SENTENCING - PowerPoint Presentation

Slide1

SENTENCINGSlide2

What do we know about sentencing?Slide3

Excerpt from the Criminal Code 718

The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, for the respect of the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

To denounce the offender and other persons from committing offences;

To deter the offender and other persons from committing offences;

To separate offenders from society, where necessary

To assist in rehabilitation offenders;

To provide reparations for harm done to victims or to the community;

and

To promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.Slide4

Judges can increase or reduce a sentence under certain conditions

Mitigating Circumstances

:

Circumstances of the crime that lessen the responsibility of the offender.

Examples???

Aggravating Circumstances

:

Circumstances of the crime that increase the responsibility of the offender.

Examples???Slide5

Examples of Aggravating and Mitigating Factors

Aggravating

Factors

Mitigating Factors

Premeditation

Impulsive act

Previous criminal record

Young or first-time offender

Large profits

fr

om

the offence

Guilty plea

Involving others in the offence

Cooperation with police

Ring leaders of the group

Mental or physical disability

Continuing offence over

time

Short life expectancySlide6

Factors a judge must consider when sentencing

(These are presented at the sentencing hearing)

What do you think a judge should consider when sentencing?

-

Crown

-

Availability of resources

-Charter -Pre-trial custody

-

Defence submission

-

guilty plea

-

Pre-sentence report

-precedents

-

Accused’s

criminal record -Sentencing principles

-Plea bargain -Community

-

Public opinion

-

Criminal Code

-Parole rules -Penitentiary/reformatory

-Victim impact statement Slide7

Factors judge must consider CONT...

PRE-SENTENCE REPORT

:

-Probation officer investigates and writes it

-Describes offenders situation

-Includes interviews with offender and others who are familiar with their history (e.g. Family member)

VICTIM IMPACT STATEMENT

:

-Statement made in court by the victim and others affected by the offence

-Describes impact on their livesSlide8

GOALS

OF

SENTENCING

Once a person has been found

guilty

of committing a crime, the judge imposes a

sentence

, or punishment

Sentencing

has many goals

:

Protecting the public

Retribution

Deterrence

Rehabilitation

Restitution Slide9

1. Protection of the Public

The

main

goal is to

protect the public

This i

ncludes

:

(1) protection of their

person

,

(2) their

property

, and

(3) their

individual rights and freedoms

;

When a person commits an offence, that individual

harms

not only the victim but everyone in society;

People feel threatened until the offender is apprehended and public protection is restored.Slide10

2. Retribution

When a person harms another, society often wants that person to “

pay

” for the offence;

Retribution

: punishing an offender to avenge a crime; to satisfy the public that the offender has ‘paid’ for the crime

Recall: Code of Hammurabi “eye for an eye”Slide11

3. Deterrence

Many believe that punishing a defender will

send the message

that anyone caught breaking the law will be punished accordingly;

Imposing a penalty will deter (

discourage

) others from committing crimes;

Specific deterrence

: punishment as a way of discouraging criminals from

reoffending

;

General deterrence

: punishment as a way of discouraging

other members

of society from committing similar crimesSlide12

4. Rehabilitation

This goal is to

help

offenders become law-abiding citizens;

Rehabilitation

:

treating problems

that interfere with an offender’s ability to function in society; includes

services and programs :

Psychiatric and medical treatment for drug and alcohol dependency, behavioural modification, etc.;

Educational programs: teach offenders skills to prepare them for reintegration into the community;

Recidivism

:

occurs when an offender returns to crime after being released from prison

Thus, treatment can be matched to offender’s needs to better aid him/her in becoming more successful when reintegrated into societySlide13

5. Restitution

Restitution

: requires offenders to pay society back for the injury, loss, and suffering they caused;

Actual payment for damages is a more obvious form of restitution;

Think ‘restore’ relationships, [i.e. restoring the relationship between offender and society

(Community service)

]Slide14

SENTENCING

PROCEDURES:

After a defendant is convicted in a criminal trial, the sentencing process begins;

For

summary

(minor)

offences, sentencing usually takes place

immediately

;

For

indictable

(major)

offences, sentencing is more complex and is often

delayed

to allow time for the judge to make an informed decisionSlide15

Sentencing Procedures Cont...

When sentencing offenders, a judge must keep in mind the goals of sentencing:

Is the offender a candidate for rehabilitation?

Is the offender a threat to society?

Should this offender be compelled to make restitution?

To accomplish these goals, a judge has a variety of sentencing options

.

Sentence may be in prison (

incarceration

) or outside of prison (diversion programs)Slide16

10. Incarceration

Defined as imprisonment for a specified length of time (each criminal offence has a maximum sentence);

Length of imprisonment:

Dangerous Offender:

Someone who constitutes

a threat to the life, safety, or physical or mental well-being of others. In such cases, s. 753(4) of the

Criminal Code

requires the judge impose an...

Indeterminate Sentence:

Where

the offender is held for an

indefinite

period in a federal prison; offender may apply for parole.

Concurrent Sentences:

When criminals

are convicted of more than one offence at a time, they must

serve their those sentences at the same time

(i.e. 2-four year sentences = 4 year prison term);

Consecutive Sentences:

Serve those sentences

one after the other

(i.e. 2-four year sentences

= 8 years). These are rare in Canada.Slide17

The Correctional System

Prison is the toughest and most expensive penalty we have for offenders in Canada;

The adult federal and provincial correctional system costs about $3 billion annually;

The cost of keeping an offender in a federal penitentiary is about $95 000 per year! This compares with between $2000 and $9500 per year for community supervision for parolees;

In sum: locking up offenders is an expensive proposition...Slide18

Incarceration Rates et al.

According to the graph beside, Canada houses approximately 116 prisoners per 100,000 people

Although Canada’s incarceration rate is less than a quarter of the USA, it is still higher than many European countries;

There is no real evidence to suggest that locking people up has a deterrent effect, that it reduces crime, or that it even reduces the rate of recidivism;

Canada has adopted an approach that gets (1) ‘tough’ with violent, high risk offenders , and (2) finds alternatives to incarcerate non-violent, low-risk offenders.Slide19

1. Provincial Correctional System

People in the provincial correctional system are either awaiting trial or serving sentences of LESS than TWO years;

THREE types of custody;

Facilities in this system have various levels of security:

Closed Custody

Protective Custody

Open

Custody

Secured facility

Separation from others in the prison

Less secure facility

(i.e. a halfway house)

Dangerous

offenders or flight risks

Prisoners requiring psychological care or protection from other prisoners

Non-violent offenders who are not flight risksSlide20

2. Federal Correctional System

Federal institutions are classified as maximum, medium, and minimum security;

For sentences GREATER than TWO years;

Prisoners in maximum security who prove themselves over time can be transferred from a maximum-security to medium-security prison

MAXIMUM

Security Institutions

MEDIUM Security

Institutions

MINIMUM Security

Institutions

Secured with high walls, razor-wire fences, and bars on

all windows and doors

Fewer

physical barriers

No external physical

barriers

Armed correctional officers

Fewer correctional

officers

Unarmed correctional officers

Dangerous offenders

Prisoners have more freedom

and more contact with each other

Employment and educational

programs to assist in the transition back to societySlide21

3. Correctional Programs

The Correctional Service of Canada (CSC) is responsible for the care and well-being of inmates in federal penitentiaries;

In addition to providing food, clothing, housing and health care, CSC helps people deal with issues relating to their criminal behaviour;

CSC’s goal is to contribute to public safety by reducing the chances of prisoners’ reoffending upon release;

Every prisoner has a correctional plan that outlines his/her needs and priorities; the plan and progress of the individual are reviewed regularly to determine whether goals are being met and monitor the level of risk the offender poses;

CSC offers programs in the following areas:

Life skills

Cognitive skills training

Substance abuse intervention

Sex offender treatment

Family violence intervention

Literacy

Work experience