Week 15 - Sentencing

Just Deserts Model of Punishment

Punishment as needing to fit the crime - 1:1

• Reflects the classical school of crim

• Tries to institutionalize and legitimize punishment

RESPONSE to retributive models of punishment

Looks at punishment as:

• “A blaming system” to signal wrongdoing

• Requiring justification and proportionality in sentencing, ensuring that the severity of the punishment corresponds directly to the severity of the offense.

3 Goals of Sentencing

Utilitarian Goals

Retributive Goals

Restorative Goals

All of these goals are argued to be conflicting

Utilitarian Goals

Focuses on the future of the offender

• “Deterrence” for people who wanna do bad shit

Aims to prevent future crimes by rehabilitating offenders or incapacitating them.

Retributive Goals

Focus on sentencing as a response to wrongdoing

• Symbolizes the disapproval of such behavior

• Community

Restorative Goals

How can we acknowledge that this behavior impacts the victim, community, and offender themselves?

• How can we address all parties involved?

Nathaniel Veltman Case

The Nathaniel Veltman Case involves the trial of an individual charged with the murder of a Muslim family in Canada, which sparked discussions on hate crimes and justice.

• Sentenced to life in prison without parole after 25 years

McArthur Case

Serial killer in Toronto who preyed on racialized gay men in the village

• Sentenced to life in prison, 25 years without parole

• Serving 8 concurrent sentences

  • Lightest possible sentence available

• Retributive goals emphasized

Sentencing and the Charter

s.12 → Everyone has the right to not be subjected to any cruel or unusal punishment

• Meant to rationalize

  • Does this behavior align with punishment?

• Ensures the punishment isn’t too disproportionate

R v. Morrisey - This case addressed the application of sentencing principles, emphasizing the need for proportionality between the crime and the punishment. It highlighted the importance of considering the offender's circumstances and the impact of the punishment on society.

R v. Morrisey

is a landmark case in Canadian law that addresses the principles of sentencing and parole eligibility, particularly focusing on whether the severity of punishment aligns with individual circumstances and societal values.

s. 718 - Sentencing and the Criminal Code

provides principles that guide Canadian courts in sentencing offenders, emphasizing proportionality, rehabilitation, deterrence, and public safety.

s. 718 - The fundamental purpose of sentencing is to protect society

• (a) to denounce unlawful conduct

• (b) to deter the offender

• (c) to separate offenders

• (d) to assist in rehabilitation

• (e) to provide rapartions for victims and the community

• (f) to promote a sense of responsibility and acknowledgment of harm within the offender

a-f are the goals

s.718(2) of the Criminal Code - Discretion and Sentencing

is a provision that allows courts to consider various factors, including the personal circumstances of the offender and the nature of the crime, when determining an appropriate sentence.

718.2(b) CCC - “a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances.”

• Consistency between cases

• Difference between precedent

  • Precedent looks at the constitutionality, if it goes to the Supreme Court, etc

The 5 Sentencing Options

Absolute Discharge

Conditional Discharge

Intermittent Sentencing

Probation - MOST COMMONLY IMPOSED

Conditional Sentences - not often used

Imprisonment

Absolute Discharge

offender is found guilty, but it only shows up on their criminal record with no other sanctions

Conditional Discharge

sentence will they will be released if they comply with probation for three years

Intermittent sentencing

a sentence that involves serving time in custody on certain days while being allowed to be free on others, often used for part-time work or education.

• “sentences you serve on the weekend”

not for serious sentences, don’t tend to see 30 days