CRIM 103 - Ch. 8 Sentencing

Probation

release of an offender into community under the supervision of a probation officer

Community service work

a condition on probation that requires the offender to participate in unpaid work programs that benefit the community

Conditional Sentences

Custodial sentences of up to two years that are served in the community, usually has strict conditions

Custodial Sentences

offenders who are sentenced to custody in provincial, territorial, or federal prison

Absolute Discharge

the least severe sanction that can be imposed, resulting in a finding of guilt but with no conviction registered

Conditional discharge

Requires the individual to comply with a number of conditions, and after those conditions are fulfilled, the discharge becomes absolute

Proportionality

principal of sentencing, the sentence imposed on offenders is proportionate to the seriousness of their offence and degree of responsibility

Aggravating Factors

facts that may lead to a more severe sentence (eg., a vulnerable victim)

Mitigating Factors

facts related to an individual that may encourage a judge to impose a less severe sentence

Totality

a sentencing principle that considers the overall length of a sentence and requires that a single global sentence be imposed to avoid an unjustly long sentence

Mandatory Minimum Sentences

anybody found guilty of a specific offence will receive a minimum sentence, regardless of any mitigating factors

Individualized Justice

enables judges to consider aggravating and mitigating factors, as well as an individual’s strengths and limitations when imposing a sentence

Indeterminate Sentences

Sentences imposed on dangerous and life-sentenced offenders who do not have a formal release date and remain under correctional supervision for the rest of their lives.

Pre-sentencing reports

a report ordered by a judge prior to sentencing to provide a comprehensive overview of an individuals strengths and weakness and whether prior justice system interventions were successful

Intermittent Sentences

inmate can serve several days a week and then be out in the community the rest of the week with conditions.

Concurrent sentence

multiple sentences served at the same time (eg. person sentences to two 11 month sentences, will serve 11 months then be released)

Consecutive Sentence

multiple sentences served one after the other (eg. two 11 month sentences, individual will be released after 24 months.