Sentencing and the Correctional System

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

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.

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.

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

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.

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%.

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

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.

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.

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

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

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

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

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.

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.

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)

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

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

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.

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 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.

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 he or she 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

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

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

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

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)

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

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.

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

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

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

Incarceration : Imprisonment for a specified length of time Every offence has a maximum sentence Some offences carry a mandatory minimum: 2 nd degree murder: minimum 10 years before parole eligibility 1 st degree murder: minimum 25 years before parole eligibility

Offence Maximum (Summary) Maximum (Indictable) Causing a Disturbance 18 months jail or $5,000 fine N/A Assault with a weapon 18 months jail or $5,000 fine 10 years jail Aggravated AssaultN/A14 years jail Theft under $5,000 6 months jail or $5,000 fine 2 years jail Theft over $5,000N/A10 years jail

Offence Maximum (Summary) Maximum (Indictable) Break and enter with intent (dwelling) N / ALife RobberyN / ALife Pointing a firearm 6 months jail or $5,000 fine 5 years jail Distribution of Child Pornography 18 months10 years Aggravated Sexual Assault N/ALife

Sentencing Terms Concurrent sentence: two or more sentences served at the same time –Ex. A man serving two 10 year sentences concurrently would be in prison for 10 years Consecutive sentences: sentences served one after the other –Ex. A man serving two 10 year sentences consecutively would be in prison for 20 **Earlier if parole is granted

Dangerous Offenders In rare cases, the Court may consider someone a dangerous offender – someone who constitutes a danger to the life or safety of others In such cases an offender may be given an indeterminate sentence and kept in prison for an indefinite period

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.