Sentencing

• The judicial determination of a legal sanction upon a person convicted of an offence
• In Canada, relies on judicial discretion
• Impacts future similar cases

• crime=sin
• the harsher, the better
• public sentences involving physical punishments, tortute, etc

• deterrence through rational punishment
• influenced by the Enlightenment
• rational thinking --> move away from religion
• offenders are rational --> costs should outweigh benefits
• focus less on severity

• rehabilation makes an entrance
• blief that causes of crime are beyond offenders' control, society is the cause
• offenders are amenable to treatment

• 1) just deserts- retributive
• 2) incapacitation- ultilitarian
• 3) deterrence- utilitarian
• 4) rehabilation- utilitarian
• 5) restoration- restorative

• philosophy which holds that criminal offenders deserve the punishment they receive, and punishment should be appropriate to the type and severity of crime committed
• offenders are responsible for their crimes
• proportionality is the most important principle

• the use of imprisonment or othe rmeans to reduce the likelihood that an offender will be capable of committing future offences
• seperate offenders from community so they cant commit crimes
• requires restraint, not punishement
• looks at the future- # of crimes avoided cause offender is in jail

• in theory, key is to identify recividist and isolate them as long as necessary for societal protection
• in practice, difficult to achieve with efficiency

• seeks to prevent others from committing similar crimes to the one for which an offender is being sentenced
• uses punishment to convince people that crim is not worthwhile
• overall goal is crime prevention

• Specific: reduce the likehood of recidivism by convicted offender
• General: try to influence people which have not yet committed crimes- but who may be tempted

• The attempt to reform offenders
• Gained prominence in 1930s
• Goal is to reduce the amount of future crimes through treatment, instead of fear
• The idea was almost killed in 1970s --> nothing works

goal of sentencing which seeks to address the harms made to victims by making them whole again

• a) sanctions have little impact on recidivism
• b) CJS focus too much on offenders, not enough on victims

under the form of victim impact statements, restitution payments

• a) imprisonment
• b) probation
• c) fines

• used in only the most serious cases (35%)
• vary by the type of offence
• Homicide 90%
• Arson 39%
• Theft over $5000 43%
• Drug trafficking 43%

• a few offences carry a mandatory min. stences, most involve firearm
• murder: life
• manslaughter w fireamr: 4 years
• manslaughter: no min
• Any firearm related: 1-3 years
• Alcohol-relating driving

• court- ordered sentence served while under supervision in the community
• "freedom with conditions"

• Allow for some control over offenders while using community programs to help rehabilitation
• most used sentence (46%) because versatile, inexpensive compared to prison and less severe

• 1) keep the peace and good behaviour
• 2) appear before the court when required to do so
• 3) notify probation officer or court in advance of any change of address, occupation

• often used (32%)
• mostly for minor offences
• more popular: generate money instead of costs
• amount set by judge
• CC sets max for summary convictions $2000
• only 5% exceed 500
• judge sets time to pay fine

unpaid fine + $400 cost

the wealthy and the poor could receive the same fine for the same offence

• only impose fines when offenders has ability to pay
• fine option program

a sentence where in the accused is found guilty but does not gain a criminal record and is given no sentence

sentence where the accused is found guilty but does not gain a criminal record and is given no setence expect the offender is placed on probation for a specific time period

• a sentencing option which allow offenders to serve their incarceration period in the community under supervision of a probation officer rather than prison
• only sentences less than 2 years
• contains compulsory conditions, normally more onerious than simple probation

• reduce the use of incarceration
• used in 5-8% of sentences but trends is upwards, same for severity
• used in 18% of cases involving sexual assaults, and 35% drug trafficking