Chapter 9 Flashcards
3 goals of sentencing
Utilitarian - focus on future conduct
- general deterrence, specific deterrence, rehabilitation, incapacitation
Retributive - focus on the past
- Denunciation (express disapproval in behavior), retribution
Restorative - future focused
- resolve problems, protect the public, involve the offender, victim, and community
2 sentencing options available to judges
Concurrent sentences
- Sentences served simultaneously
- Criminal Code (1985)
Consecutive sentences
- Sentences served separately, one after another
- Provincial Offences Act (1990)
dangerous offender designation
- a person who is given an indeterminate sentence upon conviction
- a particularly violent crime
- a pattern of committing serious violent offences
The Crown makes a formal application after conviction but before sentencing
- The offender is detained in a federal prison but there is no set length on the sentence.
First threshold - at least one “serious personal injury offence”
Second threshold - a pattern indicating offender has difficulty controlling behavior
long-term offender designation
- received a sentence of more than two years
- substantial risk that the offender will commit a serious personal offence after release from prison
- long-term supervision order comes into effect after sentence ends
- The offender will be supervised by a parole officer for up to 10 years
judicial determination
A order by the sentencing judge that the offender serve one-half of their sentence before being eligible to apply for parole. The primary objectives of this provision are protection of the public and specific and general deterrence