Sentencing in Canada - PowerPoint Presentation

Slide1

Sentencing in Canada

Imposing a SentenceSlide2

Review: The Process and Objectives of Sentencing

Sentencing reflects social values

The judge must consult

t

he Criminal Code while sentencing. It outlines the maximum and minimum punishments for certain crimes

The judge

also has

to weight the severity of the crime, the offender's

background

and society's view on punishment. Slide3

Restorative Justice

Read page 310 & 322-323 in your text, Answer the following:

What sentencing objective does Restorative Justice relate to?

What role do victims play in these programs? How can they benefit?

What criticisms have been made about these programs?

Outline your opinions of Restorative Justice Programs. Slide4

Sentencing Overall

Sentencing has to be proportional. This means that the punishment must reflect the harm of the crime. This is why there are harsher sentences for harsher crimes, like kidnapping or murder.

The

Criminal Code

also directs the judge to increase or reduce the sentence in certain conditions:

-

mitigating circumstances:

facts or details that lessen the responsibility of the offender. (first time offender, good employment record, good character, a guilty plea, helping the police apprehend other offenders, indirect consequences of the offence like personal injury or loss of employment)

-

aggravating circumstances

:

details about the crime that increase the responsibility of the offender (abused a position of trust or authority in relation to the victim, committed the crime in association with a criminal organization, prior convictions, association with violent crimes, etc.)

 Slide5

Imposing a Sentence

Judges in Canada have a lot of leeway- they can impose sentences up to the maximums listed

However,

f

or

some offenses, there are mandatory minimum

sentences.

The

Criminal Code

has close to 45 minimum sentences. They fall into 3 categories:

Offences involving firearms and other weapons

Typically a 4 year sentence for using a firearm during a crime

Sexual offences involving children

6 months for soliciting sexual service for someone under 18; 2 years for living off of prostitution of someone under the age of 18

Impaired driving (Blood Alcohol level over 0.8)

14 days (2

nd

conviction); 90 days (third conviction)Slide6

The

Criminal Code

has been changed so that mandatory

minimum sentences were placed on violent

crimes.

Harassment, sexual abuse and organized crime were also changed so that there is a more harsh minimum

sentence

Tackling Violent Crime Act,

February 2008. Federal government increased the number of offences that carry a mandatory minimum sentence, took aim at serious drug offences

For these, and various other crimes,

judges have no choice but to give at least the mandatory minimum sentence

Once

a sentence is set, either the accused or the crown may appeal the sentence to a higher courtSlide7

Things Judges Consider

In deciding on a sentence, judges usually refer to previous cases (

precedents

), but they aren’t required to use the same type of sentencing

The can also consider time spent in

custody

awaiting

trial. If the judge decides it counts towards the offenders jail time, the time usually counts as double.

Judges also consider: pre-sentence

reporting,

the offenders potential

for

rehabilitation

and the

victim impact

report.

(Victims

are allowed

to write a statement of the effects of the crime on them and read

the report aloud)Slide8

Imposing a Sentence

Community options are now available

for sentencing to reduce the cost of the prison system:

Conditional

release:

most offenders return to the

community at some point, so

they can often serve part of their sentence in the community under supervision (not all qualify for it though

)

This system sparks a debate

about rehabilitations, some people want to lock

offenders up forever, but

some people think that employment, education and social programs can help them reform and return to the

community.

Overall, the judge’s sentence must

be balanced with the concern for public safetySlide9

Criminal Designations

Different

criminal

designations can

come with sentencing:

Long Term Offender (LTO)- repeat criminals, likely to reoffend

Dangerous

Offender –

For

a Dangerous Offender Designation one of the following conditions

must

be met:

Has a pattern of aggressive behavior that is unlikely to change

Is indifferent to the consequences of his or her behavior

Committed such a brutal offence that future behavior is likely to be

abnormal

Has sexual impulses that will likely cause injury or pain to others

Little to no chance of rehabilitationSlide10

Considerations in Sentencing

Under section

12 of the

Charter of Rights and Freedoms

, Canadians have the right to not be subjected to "cruel and unusual"

punishment

For some, this means capital punishment

, which as you know, is a much debated topic

Timeline on page 308-309 of your textbook highlights this issueSlide11

Andrew Moffitt- 1998

Read the case of Andrew Moffitt- based on the information that you have, make a sentence for the offender. You may use your textbook to look at appropriate sentences.

As a judge, what further information might you need to make a better informed decision?

Would a victim impact statement help?

After reading Paulette Moffitt’s report, does this change your view on the sentence? Slide12

Danninger

Bringing an abrupt halt to his second-degree murder trial, Henry

Danninger

pleaded guilty

to

a reduced charge of

manslaughter.

This trail kept getting delayed and took 4 years to finish

Moffitt’s family grieved and then began to advocate for harsher minimum sentences on crimes involving knives as weapons

Danninger

was sentenced to 5 years of prison and was released on parole in 2006.

He moved back to Brockville, the same town where the Moffitt family lives. At this point, he was only 33.