LS 272 - Sentencing

supreme court of canada (1875)

• consists of eight judges who are all appointed by the federal government

• final court of appeal and lower courts are bound by its rulings

• provides guidance to the federal government on law related matters

indigenous overrepresentation

discrepancy between the relatively low proportion of indigenous people in the general population and relatively high portion involved in the criminal justice system

restorative justice

approach for dealing with a crime that emphasizes repairing the harm caused by it

based on  philosophy that when victims, offenders, and community members meet voluntarily to decide how to achieve this

specific deterrence

sentencing to reduce the probability that an offender will reoffend in the future

general deterrence

sentencing to reduce the probability that members of the general public will offend in the future

reparations

sentence where the offender has to make a payment to the victim or the community 

sentencing goals

• judges consider more than one goal when handing out sentence

fundamental principle of sentencing

the belief that sentences should be proportionate to the gravity of the offence and the degree of responsibility of the offender (ex. offenders age)

things judges consider when sentencing

• mitigating circumstances (previous crimes)

• similar for similar offenders and circumstances

• combined sentence should not be too harsh (from multiple charges)

• offender should not be deprived of liberty if it is appropriate (not held in jail if not needed)

• sanctions other than jail should be considered

absolute discharge

defendant is released into the community without restrictions to their behaviour

conditional discharge

defendant is released on certain conditions

failure to meet conditions may result in the defendant being incarcerated or sent to a facility

fine

offender has to make a payment to the courts

community service

sentence that involves the offender performing a duty in the community (as a way of paying off a fine)

conditional sentence

sentence served in the community 

follow a set of rules for a specific period of time (or go to prison)

imprisonment

sentence served in prison

sentencing disparity

variations in sentencing severity for similar crimes committed under similar circumstances

unwarranted sentencing disparity

variations in sentencing severity for similar crimes committed under similar circumstances that result from reliance by the judge on legally irrelevant factors

systematic disparity

consistent disagreement among judges about sentencing decisions because of factors (how lenient judges think sentences should be)

unsystematic disparity

inconsistencies in a judge’s sentencing decisions over time when judging the same type of offender or crime impacted by external factors (ex. judge’s mood)

sentencing guidelines

guidelines that are intended to reduce the degree of discretion that judges have when handing down sentences

risk principle

principle that correctional interventions should target offenders who are at high risk to reoffend 

need principle

principle that correctional interventions should target known criminogenic need (i.e. factors that related to reoffending)

responsivity principle

principle that correctional interventions should match the general learning style of offenders

parole

the release of offenders from prison into the community before their sentence term is complete 

parole board of canada (PBC)

organization in canada responsible for making parole decisions

temporary absence

a form of parole that allows the offender to enter community on a temporary basis

(i.e. for the purpose of attending correctional programs)

day parole

a form of parole that allows the offender to enter the community for up to one day

(i.e. for the purpose of holding down a job)

full parole

a form of parole that allows the offender to serve the remainder of their sentence under supervision in the community

statutory release

the release of offenders from prison after they have served two-thirds of their sentence

offenders are eligible for full parole after serving:

• one third of their sentence

• seven years, whichever is less 

parole decisions are…

made after a formal hearing with the offender

asses the risk to society if the offender is released

factors considered in risk assessment

• statistical risk of reoffending

• criminal history

• social issues (drug use, family violence)

• relationships and employment history

• psychological/psychiatric reports

• institutional behaviour

• professional opinions (police)

• victim input

• evidence of change and insight

• benefits from treatment

• past performance

• overall risk to society

• feasibility of release plans