Parole & Sentencing Flashcards
Taylor Smith Case
- Taylor (19) pushed her friend (17) off a bridge causing her to break multiple ribs and puncture a lung and then fled scene
- Convicted for reckless endangerment =
- Sentenced to 60 days home confinement, 30 days work crew, 30 days community service
Def: Sentence
The judicial determination of a legal sanction upon a person convicted of an offence
Purpose of Sentencing
Chance behaviour of convicted and potential future offenders
1. Specific Deterrence: reducing probability that an offender will reoffend in the future
2. General Deterrence: Reducing probability that members of the general public will offend in the future
- Also helps up hold respect for the law, separate offenders form society, maintain safety and peace in the community, provide time to reflect
Sentencing Disparity
Judges will choose different sentences for different reasons
- Sentence can meet multiple goals at once
- Sometimes goals can be incompatible
Fundamental Principle of Sentencing
Sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender
- Stated in the Criminal Code of Canada
- Responsibility can be impacted by the offenders age, intention, environment and relationship with individual
Principles of sentencing: beyond fundamental principle
- Sentence should be adjusted based on aggravating or mitigating circumstances relating to the offense or the offender
- Sentences should be similar for similar offenders and similar offenses
- If reasonable, sanctions other than imprisonment should be considered for all offenders
Conditional Sentence
Prison sentence served in community
- Must follow rules or serve rest of sentence in prison
Imprisonment
A sentence served in prison
- <2 years provincial prison
- >2 years federal
Reparations or Restitution
A sentence in which the offender has to make monetary payments to the victim or community
- More lenient than imprisonment, may be a lot to pay off
Discrepancy between female and male sentencing
- Men receive 63% longer sentences than women
- Women are more likely to not be convicted
- 2x as likely to avoid incarceration
What is the main factor for variation in sentencing
Judges discretion
- also influenced by seriousness, previous sentences, responsibility
What is the most common type of sentence in Canada? and how is sentencing light?
Probation (40%)
- When imprisonment is ruled, often quite short (Median 30 days)
Def: Sentencing disparity
Variations in sentencing severity for similar crimes committed under similar circumstances
Unwarranted Sentencing disparity
When judge relies on legally irrelevant factors
TWO TYPES
- Systematic disparity: consistent disagreement among judges due to personality, experience, beliefs, degree of lenience
- Unsystematic disparity: inconsistencies in a judge’s sentencing decisions over time when judging the same type of offender due to factors such as mood
Palys & Divorski (1986) - Court judges examine same cases
- 206 Canadian provincial court judges examined 5 criminal cases
- Greater agreement on harsh sentencing for aboriginal offender than white offender
- Large variation despite same information
- Impaired driving is split between no incarceration and provincial jail
