Law Ch9 - From Sentencing to Release

conditional release

a discharge from custody into the community under terms and conditions

pre-sentence report

a document about the accused's background, used for sentencing

victim impact statement

a statement made by the victim that describes the effect of the offence on his or her life

long-term offender (LTO)

a criminal who repeatedly behaves in a way that could cause serious harm to others and who would likely re-offend

mandatory minimum sentence

a minimum punishment imposed by law

Purposes of Sentencing

• denounce unlawful conduct

• deter the offender and others from committing offences

• separate offenders from society, where necessary

• assist in rehabilitating offenders

• provide reparations for harm done to victims/community

• promote a sense of responsibility in offenders

specific deterrence

that which discourages the specific criminal from reoffending

general deterrence

that which discourages people in society from committing a particular crime

incarceration

imprisonment or confinement

rehabilitate

to help an offender successfully reintegrate back into society

recidivism

the act of recommitting crimes

reparations

repayment for harm done to victims and the community

mitigating circumstances

factors that demonstrate the punishment should be less severe

aggravating circumstances

factors that demonstrate the punishment should be more severe

Judges must:

give similar sentences for similar offenders committing similar offences in similar circumstances

• not impose consecutive sentences that are unduly long or harsh • not deprive offenders of their liberty if less restrictive options are available such as serving a sentence in the community

• consider all options other than imprisonment that are reasonable, especially for Aboriginal offenders, who are overrepresented in prisons

diversion program

a sentence that keeps offenders out of prison

absolute discharge

a release without conditions, with no criminal record

conditional discharge

a release with terms, which, if successfully completed, results in no criminal record

suspended sentence

a punishment that is not carried out as long as the offender complies with conditions

probation

a punishment that allows the offender to live in the community under conditions and supervision

conditional sentence

a prison term of less than two years that is served in the community under conditions

suspension (of a privilege)

a sentence that removes a privilege, such as driving (ex. drivers license or restaurant liquor license)

peace bond

a court order requiring a person to keep the peace (up to 12 months)

compensation/restitution

something given to make amends for a loss

community service order

a sentence that requires the offender to do specific work in the community under supervision

fine option program

credit for doing community work instead of paying a fine

concurrent sentence

a penalty for two or more offences, ***served at the same time***

consecutive sentence

a penalty for two or more offences, ***served one after the other***

intermittent sentence

a jail term of 90 days or less that is served on weekends or at night

principle of totality

the rule of looking at all the circumstances to ensure that a fair sentence is given

dangerous offender

an offender deemed to be a serious risk to public safety due to repetitive behaviours, and is therefore given an indeterminate sentence

indeterminate sentence

a prison sentence without a fixed end date

capital punishment

the death penalty

restorative justice

an approach to crime that emphasizes forgiveness and community involvement

sentencing circle

a way of bringing together affected people to help decide an offender's punishment

healing circle

a process to resolve conflicts between an offender and the victim

releasing circle

a meeting to plan for the successful return of the offender to the community

ombudsman

a government official appointed to hear and investigate complaints made against the government

appellant

the party who requests an appeal (review) in a higher court

respondent

in an appeal, the party who opposes the action sought by the appellant

correctional services

government agencies responsible for offenders

closed custody

the most secure form of detention in a prison, which is under constant guard

open custody

detention that is supervised and allows some supervised access to the community

parole

the release of an inmate into the community before the full sentence is served

faint hope clause

reconsideration of parole eligibility for an offender sentenced to at least 15 years in prison

accelerated review

a parole board review of an offender's eligibility after one-third of the sentence is served

Royal Prerogative of Mercy

the right to revoke a fine or prison sentence or issue a pardon

pardon

being excused of a crime

bonding insurance

that guarantees the honesty of a person who handles money or other valuables

Maljkouich v. Canada

Prisoner allergic to ciggarette smoke, ventaltion improper, argues cruel and unusual punishment under s.12 Charter

R. v. Ferguson

RCMP constable, shot and killed a detainee, Darren Varley, claiming self-defense and accidental gunshots.

He was convicted of manslaughter and initially received a conditional sentence, but the Alberta Court of Appeal imposed the mandatory minimum four-year sentence.

The Supreme Court of Canada upheld the four-year minimum jail sentence, stating that it was not disproportionate to the harm caused.