What are the Goals of Sentencing?? Protection of the Public Main goal is to protect the public. When an offence is committed the individual harms the victim.

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Presentation transcript:

What are the Goals of Sentencing?? Protection of the Public Main goal is to protect the public. When an offence is committed the individual harms the victim and everyone in society. Retribution Society wants the offender to “pay” for the crime.

Deterrence Punishing to discourage offender from re- offending and discouraging others from committing similar crimes. Rehabilitation Punishment combined with treatment and training to help offenders function in society.

Restitution Offender pays back to society for the harm or loss suffered i.e. community service Denunciation Punishment designed to show that the offenders conduct violated societyès basic code of values.

SENTENCING PROCEDURES Three perspectives must be considered in the sentencing process: 1. The Offender A report prepared by the probation officer. Provides an “objective view” of a picture of the accused as a person in society i.e. family, education, employment history 2. The Victim “Victim’s Impact Statement” - a statement prepared by a crime victim or the victim’s family describing the harm done or the loss suffered as a result of the offence.

3. Society It is the Crown’s role to ensure that the society’s interests are protected when the offender is sentenced. Crown has the right to recommend an appropriate sentence.

Sentencing Hearing….. Judges must consider the following when sentencing a criminal: 1.Aggravating Factors 2.Mitigating Factors 3.Precedents for similar crimes 4.Maximum/Minimum sentence limits as provided in the Criminal Code

Mitigating Factors: Circumstances that decrease the severity of the sentence. Example: Young or first time offender, guilty plea, minor offence, shows remorse Aggravating Factors: Circumstances that increase the severity of the sentence. Example: violent offender, previous criminal record