parole and sentencing

sentence

the judicial determination of legal sanction upon a person convicted of an offence

why to we sentence offenders

specific deterrence: reducing probability that an offender will reoffend

general deterrence: reducing probability that members of the general public will offend

sentencing disparity

judges will choose different sentences for different reasons based on who the defendant is and the context of the casedu

fundamental principle of sentencing

sentence must be proportionate to the gravity of the defence and the degree of responsibility of the offender

explicitly stated in the criminal code of canada

other principles of sentencing

sentence should be adjusted based on aggravating or mitigating circumstances related to the offense or offender

sentence should be similar for similar offenders and similar offenses

if reasonable, sanctions other than imprisonment should be considered for all offenders

lightness of sentencing

2015 → probation is the most common type of sentence (40%)

when imprisonment ruled, time was short (median 30 days)

men recieve 63% longer sentences than women

conditional sentence: prison sentence served in community

imprisonment: sentence served in prison

• if over 2 years, serve in federal. less than 2 years, provincial

reparations/restitution: sentence where the offender needs to pay the victim or community

sentencing disparity

variations in sentencing severity for similar crimes committed under similar circumstances

unwarranted sentencing disparity: judges relies on legally irrelevant factors

2 sources:

systematic disparity: consistent disagreement amount judges, due to factors such as how lenient to be

unsystematic disparity: inconsistencies in a judges sentencing decisions over time when judging the same type of offender, due to factors such as the judge’s mood

difference in sentencing between races

when person is white, % of federal prison jail rates decreases (meaning that less judges sentenced 2 years or less for the white person)

how to fix sentencing disparity

US - federal sentencing guidelines

intended to reduce judges discretion when handing down sentences

no such guidelines in canada, but some reforms being put forward such as a minimal sentence for a certain crime - goal is to increase severity