soc 327: module 8 - sentencing

the fundamental purpose of sentencing is to … and to contribute to … and the maintenance of a … (3)

protect society

respect for the law

just, peaceful, and safe society

sentencing imposes just sanctions that have one or more of the following objectives:

- d

- d

- s

- reh

- rep

- sense of

denounce

deter

separate offenders

rehabilitation

reparations

responsibility

reparations are a way for the offender to

compensate for the harm they've caused

the objectives of sentencing can be placed into 3 categories:

utilitarian

retributive

restorative

utilitarian: focused on the .. and protecting ...

future conduct

public from future crimes

utilitarian objectives

deterrence

incapacitation

rehabilitation

retributive is about ... and focused on ...

getting even

past behaviour

restorative

dealing with the harm that been caused

restorative objectives

reparations

promoting sense of responsibility

acknowledgement of the harms done

the fundamental principle of sentencing: a sentence must be … to the … and the …

proportionate

gravity of the offence

degree of responsibility

moral culpability

to what extent did they mean to do what they did

a sentence should be increased or reduced to account for any ... and ... circumstances

aggravating

mitigating

aggravating factors

suggests a harsher punishment

examples of aggravating factors:

- crime motivated by

- violating

- committed for the benefit of ..

- p

- use of

hate

position of trust

criminal organization

premeditation

force or weapon

mitigating factors

suggests a lesser sentence

mitigating factors do not ... but highlight ...

absolve criminal responsibility

people make mistakes

examples of mitigating factors:

- first

- expression of

- result of

- willing to

- crime motivated by

time offender

guilt

addiction

make reparations

need

parity principle: a sentence should be similar to sentences ... for .. committed in ...

imposed on similar offenders

similar offences

similar circumstances

parity principle: ... in sentencing decisions

consistency

where consecutive sentences are imposed ...

the combined sentence should not be unduly long or harsh

consecutive sentences

combined sentence

t/f: concurrent sentences are more common

true

an offender should not be deprived of liberty if ...

less restrictive sanctions may be appropriate

the section of the charter that states that particular attention to the circumstances of indigenous offenders has not been effective because

by the time you get to sentencing it is too late

pre-sentence reports are at the discretion of

the judge

t/f: judges are bound to pre-sentence report recommendations

true

who prepares pre sentence reports

probation officers

pre-sentence reports are used to

- make

- recommend

treatment recommendations

sentences

gladue reports are used for Indigenous Peoples, and ... are used for other racialized peoples

impact of race and culture assessments

victim impact statements

outline for the court how they've been impacted by the crime

sentencing options can be used

alone or in conjunction

sentencing options: imprisonment

two year rule

sentence of incarceration determines if someone if a federal or provincial offender

federal offender - sentence of incarceration of

two years or more

provincial offender - sentence of incarceration of

up to and including two years less a day

intermittent sentences are only available for

sentences of less than 90 days

intermittent sentences are important because

people lose ability to be self sufficient during incarceration

intermittent sentences allows people to

work and be productive

ex. of intermittent sentence

serves time on weekends

sentencing options: fines

- declining in

usage

sentencing options: fines can be used

alone or in conjunction with other sentences

fines for summary convictions

max is $5000

fines for indictable offences

no maximum

the ... must be a consideration

capacity to pay a fine

judges must consider the ability of the offender to pay

- ... period

- fine option program:

time to pay

offenders work off their fine

fines are paid to the ... and used to

government

fund judicial resources

victim surcharges apply in

all cases

victim surcharges: where the person is fined

addition to a fine

victim surcharges: when the person isn't fined

flate rate

victim surcharges fund

victim services programs

prior to the increase in 2013, judges had the ability to

waive a surcharge

judicial discretion has been removed and vsc have become mandatory, so judges would

fine someone $1 or give them a very long time to pay

mandatory victim surcharges have since been

overturned

restitution and community service is intended to

repair harm to victim/community

restitution and community service is paid to

victim

t/f: restitution and community service is commonly used

true

resistution/community service must be

an ascertainable/calculable amount

for restitution of pain and suffering, someone would have to

go to civil court

what is the most common sentence?

probation

probation can follow a period of incarceration only if

that period is not more than two years

a probation order can be up to

three years

a probation sentence can be served through

an intermittent sentence

mandatory conditions of probation (3)

keep the peace and be of good behaviour

appear when required

notify the state of any changes

the judge can also attach additional conditions: such as

treatment

reporting conditions

failure to comply with conditions can result in a charge of

breach of probation

failure to comply is a ... offence

hybrid

absolute or conditional discharge

the offender is found guilty but is not "convicted"

absolute or conditional discharge: in theory,

they will not have a criminal record

absolute or conditional discharge: only available if there is ... and the offender ...

no minimum sentence available

doesn't have a history of committing this type of offence

absolute or conditional discharge: must be in the best interest of the .. and not ...

offender

contrary to the interest of the public

absolute or conditional discharge remains on record for

1 year

absolute discharge

no sentence imposed

conditional discharge

offender must be supervised and meet certain conditions

if the offender fulfills conditions

discharge becomes absolute

conditional discharge to absolute discharge remains on record for

3 years

if the offender violates conditions or commits a new offence, they can be

convicted and sentenced for the original and new offence

suspended sentence

judge suspends the passing of a sentence for a period of time during which the offender is on probation

suspended sentence: no sentence is given if

if the offender complies, and no further offences are committed

with a suspended sentence, if no sentence is given; criminal record

still has a criminal record because they have been sentenced

suspended sentence: if the offender fails to fulfill conditions

can get any originally imposed sentence

any new sentences for new offence

conditional sentences are aka

house arrest

conditional sentences were introduced as a response to

high provincial incarceration rate

conditional sentence of imprisonment: an individual who could have been sentenced to ... can be sentenced to serve that time in the community instead of

less than 2 years

an institution

a conditional sentence is NOT

probation

difference b/w probation and conditional sentence

probation is intended to be rehabilitative, and conditional sentences are mostly punitive

failure to comply with conditional sentence

doesn't automatically result in incarceration

judges could decide to (3)

take no further action

change conditions

add more conditions

suspension of a conditional sentence

put that person in an institution for a period of time

revocation

put in an institution for the rest of their sentence

extraordinary measures (2)

dangerous offender status

long term offender status

dangerous offender is initiated by ... and application is made ... with permission from ...

the crown

after conviction but before sentencing

attorney general

conditions of DO status: can be applied to any person convicted of ... and a pattern of ... who poses ...

serious personal injury

reoffending

a danger to the safety of others

conditions of DO status: must consider ... and the ...

past offence history

likelihood of serious offences in the future

DO status: if granted, the designation

is for life

if the judge declares someone as a dangerous offender, the offender may be given an

indeterminate sentence

indeterminate sentence: can only be released by

the parole board of canada

someone must serve at least ... of an indeterminate sentence before ...

7 years

applying for parole

long term offender status was introduced to apply to

offenders who do not qualify for DO status, but still seen as a threat to society

LTO status application is made by .. after ..

crown

conviction

before sentencing

LTO status is only available for offenders who

could receive a sentence of 2 years or more

LTO status primarily targets

sexual offenders