Sentencing in - PowerPoint Presentation

Slide1

Sentencing in CanadaSlide2

Sentences

Sentence: a punishment imposed on a person convicted of committing a crime

(A

penalty

, disposition or a

sanction)

Once an offender is convicted, the sentencing process begins

For summary conviction offences, sentencing usually takes place immediately

For indictable or more serious offences, sentencing is more complex and is often delayed to allow the judge to make an informed decisionSlide3

Purposes of sentencing

There are two fundamental purposes of sentencing:

By

imposing fair

sentences, judges

promote

respect for the lawhelp maintain a just, peaceful and safe society. Slide4

Sentencing objectives

When the judge chooses a sentence, the sentence they choose must have one of 6 objectives. For example, it could

denounce

unlawful

conduct

– The sentence should condemn the crime from society's viewpoint. However, a judge should consider the offender's

character when sentencing, As well as

past criminal behavior.

*Revenge is not an appropriate sentencing objective (fairness)

Do you think it’s fair to take into

c

onsideration an offenders character?Slide5

Sentencing Objectives

2.

D

eter

the offender and others from committing

offences - Deterrence has two parts. The sentence should prevent the offender from committing crimes in the future (specific deterrence) and discourage all other members of society from committing the same or similar crimes (general deterrence

).

*

Interesting Fact: There was a case in 2006 where the Supreme Court ruled that general deterrence had no role with regard to youth

criminals. It stated that general deterrence shouldn’t

be used to justify harsher punishments for criminals under the age of 18Slide6

Sentencing Objectives

3.

S

eparate

offenders from

society

– This is only when necessary and means sending them to jail.Canada’s incarceration rate isn’t as high as the United States or Russia’s,

but some say the rate is still too high. In recent years, it has been

reduced.Slide7

Sentencing objectives

4. A

ssist

in rehabilitating

offenders

– Sentences should help rehabilitate offenders. Certain programs should be aimed at restoring a person to good moral and mental health by addressing the causes of their criminal activity. This is the focus of Canadian detention centres.

Inmates

are provided with job counselling and training so that they will be able to reintegrate back into society when they are releasedSlide8

Sentencing Objectives

5.

provide reparations for harm done to victims or to the

community

– Sometimes judges order the offender to repay the victim

for harm done to

them or the community6. promote a sense of responsibility in

offenders

– Judges can judge whether or not the victim shows

any signs of remorse before they make the sentence. Their goal could be to have the offender take responsibility for their actions.

Is one more important than the other?Slide9

Agree or disagree?

Strict laws and severe punishments are needed to regulate the naturally immoral behaviour of men.

The

punishment for a crime is best measured by the harm it causes to society.

The

more severe the punishment the more likely that the crime will not be committed.

The certainty of punishment is a better deterrent to crime than the severity of the punishment. Clear and simple laws, swift justice and proportionate sentences will prevent more crime than severe punishments alone.

The

true measure of the seriousness of a crime is the harm it causes society not the harm it causes the victim.

Judges are incapable of avoiding bias in the judgments they write. Therefore they must have little freedom when sentencing offenders. Criminals

should not be detained until they are sentencedSlide10

R. v. Kobelka

In January 2006, Chad

Kobelka

pleaded guilty to theft, dangerous operation of a motor vehicle causing bodily harm, and flight from police officers.

Kobelka

was 19 years old at the time he stole an SUV from his uncle. He led police on a lengthy high-speed police chase and finally crashed his vehicle into another, seriously injuring a young couple. The female in the vehicle was 20 weeks pregnant. She delivered her baby prematurely at 36 weeks. It had permanent mental and physical impairments.

In April 2007, a Provincial Court of Alberta judge sentenced

Kobelka

to 10 years in prison. That was the longest sentence ever given in Canada for these offences. The judge noted that

Kobelka had at least 14 opportunities to stop during the police chase.

-Textbook, page 293. Slide11

What objectives do you think

Kobelka’s punishment agrees with?

What do you think the judge considered while determining the sentence in this case?

Do you think the judge’s sentence was appropriate? Why or Why not?Slide12

Sentencing Overall

When

passing a sentence, the judge must ALWAYS refer to the

Criminal Code

.

This is because the

Criminal Code Specifies the objectives of penalizing and the penalties available

.

Section

718(2) of the code states that judges must give similar sentences to offenders committing similar offences in similar circumstances

-----------------------------------------------------------------------------------------------------------------------------------------------

A

judge may order a probation officer to prepare a

pre-sentencing report

about the offender's situation

. This includes interviews

with the offender, their family, those who are familiar with the persons history and potential future conduct, character

references. The judge

can consider it when

sentencing.

The defense and the crown also have the right to call witnesses to testify about the offenders

background. The convicted

person may also make a

statement.Slide13

Sentencing Overall

Sentencing has to be

proportional.

T

his

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.)

 Slide14

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.