Sentencing Flashcards
Sentencing
Case=
22 year old- breaking and entering of 2000$- hybrid offence- up to crown prosecutor- now is up to 5000$
First offence- non violent= property offence
Sold food to feed baby
1 year commu7nity service= creative sentencing still on probation
In Vancouver same time- 24 sold sales amount- got 1 year in prison
Mitigating factors- one has wife and kid, seems reasonable
No guidebook on why there is sentencing disparity- poor at understanding why we make the choices we do
Penalty example-
1st degree murder- minimum life sentence- max consecutive life sentence
Still eligible for parole
Breaking and entering- maximum life sentence ]
Avg= three months in jail
SA- min- 10 years- avg 4 months- hybrid offence
Why- its underreported, hard sto get convicted- Aquitaince rape
Aggravated SA- avg 2 years
2 crimes- penetrated rape and aggravated assault- creates serious damage- requires medical attention
Grievous bodily harm
The penetration alone can caus physical damage- bit does not meet criteria for aggravated assault
SA- range- 4 months to 14 yers
Manslaughter- 4 year avg
Kill wife- google and read on how to become hired killer
Wife survived- brain damaged- incapable of taking care of herself
Didn’t kill her- attempted murder- not manslaughter= less sentence- 9 years out in 4 and a half
Most people do not serve whole sentence
Sentencing factors
Armed robbery?
Gun vs. knife?
Violent contact with victim vs. money handed right over
A bank vs. a convenience store
Armed robbery?
Gun vs. knife?
Violent contact with victim vs. money handed right over
A bank vs. a convenience store
1- years to life
More serious- pepatrator to victim- chances for violence greater- wth gun= harsher
Convenice store junky more dangerous than bank heist
Willing to kill with knife or strangle you= more dangerous- psychologically hard- have to be specific person
Intimate way f perpetrating violence
Are with stabbing- have to get close- different confidence then gun user
Sentence= based on weapon but doesn’t asses psychological spect
Canada- has fewer gun deaths
Violent contact vs money immediately
Harsher sentence when heated victim
The Fundamental Principle
s. 718 C.C.C. – the fundamental purpose of sentencing is to contribute to respect for the law and the maintenance of a just, peaceful, and safe society by imposing sanctions on individuals who commit crimes
“A sentence must be proportionate to the gravity of the offense and the degree of responsibility of the offender.”
Legislator writes laws
Respect for law- want to know law works- general deterence
Have a safe society- free people
Gravity of offence- seriousness of offence
Some judges give harsher sentences for certain offences
Principles of Sentencing
Should be adjusted to account for aggravating or mitigating circumstances
Sentences should be similar for similar offenders committing similar offences under similar circumstances
Combined sentences should not be unduly harsh
If reasonable, sanctions other than imprisonment should be considered for all offenders
1- aggravating- makes it worse- past offences, crime done on police officer, child
Mitigating- improves situation- new baby, poverty, mentally ill
2- most violated principle
Does not happen
Most important factor in determining sentence- who your judge is
3- consecutive vs concurrent
Marvin Anderson- wrongly convicted of SA received 220 years
4- new idea, creative sentencing- make sentence fit crime
Hate crimes- greater punishment
Homophobia crime= get sentenced to community service at aids hospital
Reasons for Sentencing
1- mo legal system is functional without threat of breaking law- most of law= compliance- threat of enforcement- stops us from doing something
Death penalty- encourages murder- murder is reactive- don’t tthink through consequences
Death penalty- tells you murder= acceptable
2- person in jail- don’t need to worry about hem committing crime- deter specific individual from committing
3- write law- say Soviets thanks it bad- say explicitly- this is bad shouldn’t do it
Laws can change
4- take off street in prison, SA= casstrated
5- want to change their behaviour- received education in prison- mots likely to be out and rehabilitate ito society Mandatory sentence, no house arrest Higher sentences for young- give harsher sentences to certain cxrimews
6- pay person, restore what has been take,
7- key to parole- take responsibility for crime
8-
Possible sentences
Imprisonment
Probation
Suspended sentence with probation
Fine
Conditional and absolute discharge
Restitution/Community service
Prohibitions
Conditional sentence
1- prison jail, intermittent, federal prison- federal crime misbehave in other prison
22 years= jail
Work and go to jail- spen the night and eekend in jail
2- most send, set different restrictions- cant hang with one convicted- any conditions- usual= see parole officer, get a job, have a place to live, report any change
Right to pee test- drug testing
Use Ross defence- second hand smoke
3- has been changed to conditional sentence has probation restrictions
Promoting conditional assesment
Bill c-31- less than 2 year, no minimum sentence and not danger= conditional sentence- not incarcerated
4- some people can never pay- those who have money don’t care
5- older conditional
Not convicted- no record, absolute- gone, no conditions, conditional= follow condition, lest serious crimes
6- always available- judge has to consider and decide sentence
7 conditions- can have with no charge- no original charge but ca be charged with breaking parole
8- bill c 41- less than 2 years= JAIL want specific sentence- specific conditions
Problems in our Sentencing
Judicial discretion
Wide sentencing disparity
Public attitudes
Effects of media
1- discrepancy in sentencing- based on urges disposition and personakirty
2- gender disparity- men more likely to get convicted of violent crime
Many types of sentencing disparity
3- problems in sentencing were exaggerated- only show negative
Availability heretic
4-
Sentencing Guidelines
Advisory
Presumptive sentencing guidelines
Mandatory sentencing laws
Achievement of goals?
1-
2- combat sentencing disparity by making sentencing guidelines- need to justify why case is special and need to g out of guldelines
All judges rejected this
3- more strict- don’t put range put exact guidelines
Take away all judge discretion
Death penalty
Abolished in 1976
Not an effective deterrent
Public opinion
Understand released from prison- rarely recommit
Most murder is reactive
Faint Hope clause
First degree murder – automatic life imprisonment (25 years till parole eligible)
Inmates given life imprisonment get a chance to be eligible for parole anywhere from15 - 25 years into the sentence.
Judge decides if inmate has a chance to convince a jury.
In the. States- jury’s have a lot to say about sentence- decide on death penalty
In canada- judges do all sen etence except in faint hope clause- is seen as null- only those convicted before 2011 can apply
Faint hope clause- allows for parol after 10 years served
If judge agrees a jury will hear evidence of the original offense (victim), rehabilitation, plans for the future, remorse, and many other issues.
If jury agrees then inmate can make an application to the National Parole Board
Long expensive procedure Jury agrees- do mini trial- jur agree, go to parole board and they decide
Meant to be for kill someone due to domestic violence- has kids with no parents- allows o get out early
Child serial killer applied fo faint hope clause
Judge agrees, goes to jury- want to get rid of it- don’t want these people applying to get out
Rehabilitation
Need principle
Risk principle
Responsivity principle
Costs money and prisons already overburdened
Programs least likely to be applied
1- target specific needs-target alcoholism- target thing most important to crime
2-concentrate on highest risk individuals- worst offenders= hardest to change- cant fix them as easily as less severe offenders
3- natch offender to behaviour and social treatments- allow them to better adhere and respond to treat,ment
Allow them to be receptive to treatment
Education is mot useful form
Sentencing
Dangerous Offenders vs Long Term Offenders
Dangerous Offenders
Long Term Offenders
1- Paul bernardo
4 criteria- don’t need to meet all
Out of control and psychopathic crim
Extrodarinaroly aggressive
Was it brutal- break leg don’t need to
Cant control self- impulse control
Sexual impulses make them aggressive and violent
10 years ten reassessed every 2 years
Not eligible for parole
Not used often
2- less Han DO
Sexua offenders who got short term- able to watch them for another 10 years
Criteria- at least 2 year prison sentence- 10 years extra of community service/ upper vision
More LTO tan DO
Used mostly for sex offender to combat short sentence
Psychological factors in Sentencing
Aggravating
– hate crime (s.718.2 CCC), domestic violence
Mitigating
– remorse, reparations, 1st time offender
Parole
Temporary Absence
Day Parole
Full Parole
Statutory Release
Want to rehabilitate- give parole under specific time period- 2/3 of sentence-don’t want them still in jail if can
Want in community on parole
1- let out 1/3 or 7 years- supervised vs not which is less- allowed parole
2- out in day back in night 1/6 of sntence
3- only done after have temporar absence and day parole= livin g on outside- check up with parole officer
Do for rest of sentence
4- comes from federal prison- want them oil after 2/3 sentence- reintroduce them into community
General Parole conditions
Report to residence immediately on release
Report to parole officer
Remain in Canada
Obey the law and keep the peace
Inform of any police contact
Inform of any change of address or employ
May not own or possess a weapon
