1. Sentencing and the Correctional System

2. Guilty Teen Out on Bail Page: 274 What impressions do you get from the media about crime and sentencing in Canada? Should an offender be released on bail while waiting for a decision on a request for appeal?

3. W hat do we hope to achieve by handing out sentences?

4. Goals of Sentencing Protection of the Public: (to segregate offenders) A main goal of sentencing is to protect the public including property When someone commits an offence, they not only harm the victim, but everyone in society because many people feel threatened until the offender is apprehended and public protection is restored.

5. Goals of Sentencing Retribution Society often wants an offender to suffer for his/her crime. Retribution is punishing an offender to satisfy the public that the offender has suffered for the crime.

6. Goals of Sentencing Deterrence Many people believe that punishing offenders sends a message to others that anyone breaking the law will be punished accordingly. They believe that imposing a penalty will deter, or discourage, people from committing crimes. FINES are supposed to act as deterrents to people

7. Goals of Sentencing Rehabilitation Important goal of sentencing is to help offenders become law-abiding citizens. Rehabilitation involves treating problems that interfere with an offender’s ability to function in society. Formal services and programs such as psychiatric and medical treatment for drugs and alcohol dependency bring about changes in behaviour. Educational programs are also used to teach offenders skills that will prepare them for re- integration into society.

8. Recidivism Occurs when an offender returns to committing crimes after release from prison Programs that match the needs to the offender’s needs have been shown, to reduce recidivism rates by 50%.

9. Should inmates be required or forced to participate in rehabilitation programs as part of their sentence?

10. Goals of Sentencing Restitution Requires offenders to pay society back for the injury, loss and suffering they caused. This can be in the form of community service (which is most common) or actual payment of money to the victim. This category does not cover FINES.

11. Indicate which sentencing goal(s) are addressed in each of the following scenarios: 1.A court order requires an offender to take part in an anger management program. - Rehabilitation. This program will help the offender to function better in society. 2.An offender receives a fine for littering. - Deterrence. Paying a fine discourages offenders from re-offending. 3.A person convicted of stealing a CD is required to spend a day in the music store to learn how theft affects the business. - Deterrence and Rehabilitation. By working in the store he or she stole from, a thief will learn about the effects of theft on the store owner and on society as a whole. 4.A violent repeat offender is sentenced to 10 years in prison. - Protection of the Public and Retribution. By sentencing a violent offender to 10 years in prison, the court seeks to keep a dangerous person from harming others and to pay a debt to society for the offences already committed. 5.An offender is required to reimburse a store for stolen merchandise - Restitution. An offender required to reimburse a store for stolen merchandise is repaying the merchant for the loss suffered.

12. A controversial Sentence Page 277 1. Which sentencing goals do you think the trial judge was considering when he passed the sentence? Explain. Deterrence was achieved because over the summer of 1995 not a single high-school student was involved in a fatal or serious accident. His sentence might have deterred others from making the same mistake. Restitution was achieved because the Windsor community was able to see that Kevin Hollinsky was being punished for his act and was paying society back through community service. 2. Do you personally agree with the judge’s decision? Why or why not?

13. Sentencing Procedures Perspectives to Consider Three perspectives must be considered before sentencing an offender: the offender the victim society

14. Considering the Offender Pre-sentence Report: Background information prepared by probation officer which includes information about the offender’s background, family, education, employment history, physical and mental health, social activities, potential ability, motivation and friends. This helps the judge determine the most appropriate sentence Psychiatric Assessment: Prepared by a qualified psychiatrist Describes the mental history of the offender and any psychiatric tests A very important document

15. Considering the Victim Victim Impact Statement : Describes the harm or loss experienced by the victim or the victim’s family

16. Considering Society The crown has a right to recommend an appropriate sentence for a guilty offender. It is the Crown’s role to ensure that society’s interests are protected when the offender is sentenced. What’s best for society?

17. Victim Impact Statements See notes (handout) Write your own victim impact statement on the sheet provided. You are to assume the role of the victim from one of the listed Fairy Tales. Hansel and Gretel Jack and the Beanstalk The Three Bears Cinderella Little Red Riding Hood The Three Pigs Be sure to follow all the rules of victim impact statements. Provide as much detail as you can. Need to re-fresh yourself with a Fairy Tale? Visit the following website: http://www.ivyjoy.com/fables/

18. The Sentence Hearing At a sentence hearing, the judge considers all the facts about the crime, the offender and the victim(s) in order to determine the best sentence. The judge will also consider: A criminal record of the accused Pre-sentence report Nature and severity of crime Offender’s personal and academic background Circumstances leading to and surrounding the offence Offender’s family and employment situation Offender’s attitude toward his/her own conduct Victim Impact Statements

19. Judges are not free to impose sentences outside certain guidelines. Their sentencing decisions are restricted to some extent by the maximum and minimum limits specified in the Criminal Code of Canada. They must also consider the aggravating and mitigating factors.

20. Aggravating Factors : Circumstances that increase the severity of the sentence because the factors suggest that rehabilitation is unlikely or that a strong deterrent is necessary. Example: An aggravating factor would be an ongoing pattern of assault against the same person.

21. Mitigating Factor: Contributing factors that decrease the severity of the sentence, suggesting that an offender can be rehabilitated, does not pose a threat to society, or does not need strong deterrent measures. Example: A first-time offence and evidence of remorse. (sorry for actions)

22. Activity: Aggravating and Mitigating Factors Suppose a young woman charged with impaired driving shows remorse for her behaviour and voluntarily enters a treatment program for alcoholism. In considering her sentence, the judge might think about the offender’s remorse and her efforts to change and give her a relatively light sentence. (See handout and chart from page 281)

23. “Society fails when it can see no further than the prison gates” - Police, City of Edmonton

24. Law in your Life If you acquire a criminal record, you may be: Unable to travel outside Canada Deported if you are a landed immigrant Denied employment in certain industries Prevented from obtaining a professional license Refused a firearms acquisition certificate

25. Types of Traditional Sentences Discharges : The most lenient sentence is a discharge, or release. May be granted for a minor or first-time offence that doesn’t carry a minimum sentence or the penalty is less than 14 years.

26. Agree or Disagree? “Discharges let people know they can break the law and get away with it.” - unknown

27. Two Types of Discharges Absolute Discharge: Accused found guilty but judge sets accused free After one year, the offender’s criminal record is destroyed Conditional Discharge: A release with terms attached, such as avoiding eye contact with certain people and observing a set curfew. If these terms are obeyed after a specified time, the discharge will become ABSOLUTE meaning the offender’s criminal record is destroyed after 3 years from the date of the conviction. If the conditions are violated, the discharge is revoked and a more sever sentence is imposed.

28. Some Review Work- R. v. Habib (2000) A babysitter was convicted of aggravated assault of an 18 month old child. The child had a brain injury, a skull fracture, and serious injury to her eyes, caused by shaken baby syndrome. The babysitter had acted responsibly when it first appeared that the child required medical assistance. The babysitter was a first-time offender and exemplary reports were given about her child care. The child had recovered well from her injuries. R v. Bates (2000) A man is found guilty of 11 offences, including one count of criminal harassment, one count of uttering a death threat, three counts of assault, and six counts of failing to comply with the terms of various judicial interim release orders. He harassed a woman with whom he had an affair while married, and despite judicial orders to stay away from her, he continually bothered her. A doctor’s report indicated that he has anger issues. Case: R. v. Owens (page 304)

29. Types of Traditional Sentences (continued) Probation: A sentence that allows a convicted offender to prove that he or she is able to live in the community without committing another offence. Under close supervision Probation can be given either in addition to or in place of a prison term Parole officer is responsible for monitoring an offender’s behaviour Offender must comply with a specific set of conditions in order to prove that she’/he will not re-offend. If he/she fails to comply, then the order can be revoked and the offender can be sentenced on the original offence and can also be charged with BREACH OF PROBATION

30. Probation (continued) Every probation order has 3 compulsory conditions: a) must keep the peace & demonstrate good behaviour b) attend all court appearances c) notify court or probation officer of any name, address or employment change A probation order could also include: a) report regularly to a probation officer b) not associating with known criminals c) staying away from particular locations d) attending counseling sessions e) paying for damages resulting from the offence f) refraining from alcohol and illegal drug use

31. Suspended Sentence: A judgment that is passed but not carried out as long as the offender meets certain requirements set out by the judge Can only be imposed for offences that have no minimum punishment required by the Criminal Code For first-time or minor offences only Criminal record remains

32. Intermittent Sentence: A prison sentence of less than 90 days that can be served on weekends and at night Usually given to offenders who are not violent, have steady employment/schooling and whose families depend on their ability to continue working When not in jail, the offender is on probation

33. Conditional Sentence: A prison term of less than two years that is allowed to be served in the community rather than in prison (House arrest) Can be imposed if the offence does not carry a minimum prison sentence Terms are stricter than they are for probation or suspended sentence- may include performing community service or seeking treatment of some kind (example: drug addiction)

34. Electronic Monitoring : Allowing an offender to serve a sentence at home under electronic supervision from a remote location. An alarm will notify authorities via a computer. There is random telephone calling and a camera near the phone to verify the offender’s presence and breath testing for detecting violations of alcohol restrictions. Can only leave for employment or devotional services

35. Fast Fact Electronic monitoring began in Canada as a pilot program in 1987. This program led to the use of EM in British Columbia, Saskatchewan, Newfoundland and Ontario.

36. Restitution: Make payment to the victim in the form of financial compensation (money) OR do some work for the victim to make up for the damage caused. This can also take the form of community service where the judge orders the offender to perform a set number of hours.

37. Binding-Over : A court order to keep the peace “peace bond” Usually used on someone who threatens another person or that person’s family or property. Technically, it is not a sentence, since no crime has been committed. The person who feels threatened presents the details to the court and all parties appear before a judge, who then orders the defendant to keep the peace and demonstrate good behaviour for up to 12 months. No criminal offence occurs unless the peace bond is violated or the defendant refuses to be bound

38. Deportation: Involves expelling an offender from the country, usually sending the offender back to his/her native land.

39. Fines: Specific amounts of money that offenders are required to pay the court as punishment Summary Conviction Offences, the maximum fine is $2000.00 Judge considers the offenders ability to pay An offender who fails to pay a fine may face a prison term

40. Suspension of Privileges: Examples are withholding a driver’s license or a license to own a firearm. Can last a lifetime Plea Bargaining: A negotiated deal whereby the accused pleads guilty in exchange for a lighter sentence- the judge has to agree This avoids a trial

41. Incarceration : Imprisonment for a specified length of time Every offence has a maximum sentence (Example: Robbery & Manslaughter is life) OR maximum penalty for a first non-violent offender is less than 5 years in prison. Some sentences carry a mandatory minimum sentence such as 2 nd degree murder, which has a minimum of 10 years Maximum sentences are rarely imposed because of their severity

42. Did you know? Federal inmates may earn from $5.25 to $6.90 per day in an institution. Unemployed inmates receive an allowance of $1.60 per day. Pay can be suspended if inmates refuse to work or to participate in programs or if they have been segregated.

43. You be the Judge! There are more than 170 inmates over the age of 65 in federal institutions. Some are in their 80s. In many cases, they stay past their parole eligibility dates because prison is the only home they know. Should different programs and release procedures be available to those inmates over 65 years of age? Or should they be allowed to serve their entire sentence and not re-enter society until they are forced to do so?

44. Restorative Justice Programs Known as alternative justice For first-time offenders who have committed less serious crimes Focuses on joint problem solving to deal with crime Process unites victims, offenders and the community The purpose is for the offender to assume accountability for their crimes and provide the opportunity to make amends This process eases the burden of backlog in courts which lowers court & prison costs This also keeps offenders away from the negative influence of incarcerated criminals No criminal record, but the event itself is recorded

45. Restorative Justice Programs The Criminal Code specifies situations where Restorative Justice may be used: The measures must not conflict with the protection of society Offender must accept responsibility for the offence Offender must enter the program voluntarily

46. Types of Restorative Justice Programs Victim-Offender Mediation Four Stages: 1) case referral and acceptance 2) Preparation 3) the mediation itself 4) follow-up Studies indicate that this form of mediation has decreased the incidence of criminal behaviour and reducing feelings of fear and anxiety among the victims Meet with a trained mediator Both parties present their version of the events and express their feelings regarding the offence. The offender may express remorse and may explain the circumstances surrounding his/her behaviour and the victim may express the sense of helplessness and personal loss During the process, both parties agree to appropriate restitution for the offence, which may include payment and/or services. These agreements are recorded and followed. Case: Page 292

47. Types of Restorative Justice Programs Family Group Conferencing Brings victim and offender together along with family members, community support groups, police officers, social workers and lawyers Only used when an offender admits guilt The offender is made aware that he/she may end the conference at any time and proceed to the court instead. Trained co-ordinator monitors the process Offender’s behaviour is denounced, not the offender as a person The offender begins the conference with an explanation of events. The victim tells what happened. Questions are posed and answered. Restitution is offered by the offender and his/her family. Negotiations continue until a consensus is reached. Co-ordinator monitors the terms of the agreement until successful completion. If the agreement is violated, the case is returned to the courts for action.