Ch.9 Flashcards
Proportionality (in sentencing)
The sentence must be proportionate to the gravity of the offence and to the degree of responsibility of the offender
Principle of restraint (in sentencing)
Ensures that the sentence that is imposed is a just and appropriate punishment and nothing more
Purpose of sentencing
1) DENOUNCE unlawful conduct and the harm done to victims or to the community
2) DETER offender and other persons from committing offences
3) SEPARATE offenders from society where needed
4) ASSIST rehabilitating offenders
5) Provide REPARATIONS for harm done to victims or to the community
6) PROMOTE sense of responsibility in offenders
Utilitarian sentencing goal
GENERAL deterrence
SPECIFIC deterrence
rehabilitation
Incapacitation
Retributive goals of sentencing
Denunciation
Retribution
Absolute discharge
Offender is found GUILTY but not convicted,
Offence will appear on criminal record for one year and then removed
Conditional discharge
Found GUILTY , released upon conditions
Suspended sentence
Offender is CONVICTED of offence but the imposition of the sentence is suspended pending a successful completion of a period of PROBATION that may range from 1-3 years
Criminal record included
Concurrent sentences
Multiple sentences that are amalgamated and completed simultaneously
Consecutive sentences
Sentences for multiple offences that run one after the other
Victim fine surcharge VFS
Funding for victim services not the victim themselves
Requires judges to order the offender to pay a victim fine surcharge equal to 15 percent of any fine
If no fine= up to 10k
Judicial determination
An order by the SENTENCING judge that offender serve ONE HALF of their sentence before being apple to apply for PAROLE
Sentencing considerations
Aggravating factors Motivating factors Case law precedent Pre sentence reports Victim impact statements Psychological assessments Indigenous offenders Black offenders
Dangerous offender
A designation made by the judge after conviction that results in an indeterminate term of imprisonment in a federal correctional institution
Long term offender
Requires offender to spend up to 10 years under supervision following the expiry of his or her sentence
Gladue report
A report prepared PRIOR to sentencing of Indigenous offenders which sets out historical events that may be RELATED to the offenders conflict with the law and criminal behaviour
Conditional sentence of imprisonment
A sentence for offenders who receive a sentence or sentences totalling LESS than TWO years
Offender served his or her time in the community under the supervision of a probation officer
How do judges decide?
1) IDENTIFY the relevant FACTORS in the case
2) IDENTIFY the relevant LAW
3) COMBINE both to produce the correct outcome
Sentencing disparity
Different sentences being meted out for similar offences committed by similar offenders in similar circumstances
Collateral consequences of sentencing
The sanctions and prohibitions that are placed on persons convicted of criminal offences and their families
Those who have been incarcerated
Case law precedent
Law that is established by previous court decisions and based on the rule of precedent
Victim impact statements
Submission to sentencing court explaining the emotional physical and financial impact of the crime
Circle sentencing
Restorative justice strategy that involves collaboration and consensual decision making by community
Victim the offender and judge etc talk and work things through
Does increasing the severity of punishment have a deterrent effect on offenders?
Generally NO, it is the certain unit of punishment rather than the severity that has an effect
