11.1 – SENTENCING LAW 12

What is a ‘Sentence’? sentence = punishment imposed on a person convicted of committing a crime

Goals of Sentencing 6 main goals of sentencing: protection of the public retribution deterrence rehabilitation restitution denunciation

Goals of Sentencing cont… protection of the public people feel and are more ‘safe’ when offenders are apprehended retribution = punishment to avenge a crime, ensuring that offenders suffer the consequences of their actions deterrence specific deterrence = discourage criminals from reoffending general deterrence = discourage people in general from offending

Goals of Sentencing cont… rehabilitation = punishment combined with treatment and training to help offenders function in society recidivism = returning to crime after release from prison restitution = punishment that requires the offender to pay the victim or society back for the harm or loss suffered

Goals of Sentencing cont… denunciation = punishment designed to show condemnation of the offender’s conduct Judges may try to achieve several goals with one prescribed sentence

Sentencing Perspectives considering the offender pre-sentence report = background information about the convicted offender, prepared for the judge prior to sentencing provides a ‘picture’ of the accused as a person in society psychiatric assessment = a report describing the mental history of the offender

Sentencing Perspectives cont… considering the victim victim 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 considering society it’s the Crown’s role to ensure that society’s interests are protected when a sentence is imposed

The Sentencing Hearing = where the judge listens to recommendations and to consider all of the facts before passing sentence Includes the following: criminal record of accused Pre-sentence report findings nature and severity of the crime offender’s background circumstances leading to and surrounding the offence offender’s family and employment situation offender’s attitude toward his/her own conduct

Aggravating & Mitigating Factors aggravating factors = circumstances that my increase the severity of the sentence mitigating factors = circumstances that may decrease the severity of the sentence

Aggravating & Mitigating Factors cont… Concerning the Offender Aggravating Factors Mitigating Factors Premeditation Impulsive act Previous criminal record Young or first-time offender Large profits from the offence Guilty plea Involving others in the offence Cooperating with police Ring leader of the group Mental or physical disability Continuing offence over time Short life expectancy Concerning the Offence Violent offence Minor offence Number of victims Time spent in custody Need for deterrent Delay in trial