Sentencing in Canada. Process and Objectives of Sentencing 0 Sentencing reflects social values 0 Sentencing usually requires a pre sentence report about.

Slides:

Advertisements

Similar presentations

Three different types of Sanctions

Advertisements

Aims of Sentencing The judge / magistrates will have to decide what they are trying to achieve by the punishment they give. For example, should they simply.

Sentencing CLN4U. Sentencing From Section of the Criminal Code From Section of the Criminal Code The fundamental purpose of sentencing is.

Sentencing A declaration, or decision, by a Court of Law to punish a convicted criminal.

Topic 10 Sentencing Topic 10 Sentencing. Topic 10 Sentencing Introduction to sentencing aims of sentencing types of sentences youth sentencing.

Chapter 15 - Sentencing and Corrections. Sentencing Options While some criminal statutes set out a sentencing structure, judges and occasionally juries,

Sentencing and Corrections. Repeat offender Serves the following purpose: Retribution (eye for an eye) Deterrence (to discourage defendant from committing.

Sentencing Unit 2 Chapter 11.

Sentencing. Purpose: To contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society.

Sentencing in Canada Imposing a Sentence.

YCJA THE YOUTH CRIMINAL JUSTICE SYSTEM. JOHN HOWARD SOCIETY ROLE IN THE CRIMINAL JUSTICE SYSTEM Provides public education about the law, especially the.

Sentencing in Canada.

SENTENCING. The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, for the respect of the law and the maintenance.

Intro to Law Criminal Process: Sentencing. Sentencing Options Suspended Sentence – given, but does not have be served at that time, but may have to serve.

PURPOSES AND PRINCIPLES OF SENTENCING. Goals of Sentencing  In Section 718 of the Criminal Code a statement is found that gives judges some direction.

LAW 12 MUNDY 2008 Process and Objectives of Sentencing.

Criminal Justice Chapter 4.1 The Aim of Criminal Sanctions Unit 1.

Youth and Crime: Youth Criminal Justice Act (YCJA – 2003) Law 12 MUNDY 2009.

To what extent is the justice system fair and equitable for youth?

Punishing Convicted Criminals

Role of the Courts Court decides what sentence should be imposed on the offender. The Judge or magistrates decide on an appropriate punishment in each.

Sentencing Theories of sentencing: Retribution Retribution Denunciation Denunciation Incapacitation Incapacitation Deterrence Deterrence Rehabilitation.

Chapter 11 SENTENCING AND SANCTIONS 1. Purpose of Criminal Sanctions  Criminal Sanctions – A penalty imposed for violating accepted social norms. A sanction.

Chapter 4 Sentencing and punishment. In this chapter, you will look at the purposes and process of sentencing and the different factors affecting a sentencing.

Law 120 Mr. Denton. Pre-sentence report – background information about the convicted offender prepared for the judge prior to sentencing Victim Impact.

(POST – TRIAL). The Act states that the sentencing judge is obliged to consider the following when sentencing:  Maximum penalty  Current sentencing.

The criminal courts: Procedure and sentencing Sentencing.

Sentencing What purpose is served by establishing a system of punishment for those who commit crimes?

Purpose of Punishment Corrections. Retribution – An eye for an eye; a tooth for a tooth. – Society, through the criminal justice system, taking on the.

Chapter 8 Lecture 2: Defences Reaching a Verdict.

Lachlan, Steven, Genevieve. Crimes (Sentencing Procedure) Act 1999, Section 3A  To ensure that the offender is adequately punished for the crime.  To.

SENTENCE:  punishment imposed on a person convicted of committing a crime.

Introduction to a virtual tour Case study for VELS.

Sentencing and Corrections. Judges Options Suspended Sentence: Sentence is given but is not imposed until the defendant messes up again (arrested or violates.

Canada’s Penal System. Review of the Criminal Justice System The Police: maintains public order by enforcing law Judicial System: court system that determines.

Copyright … Strode’s College Laws students are free to make use of ‘Pdf Print files’ for study purposes (they should print them off and take them to class).

From Sentencing to Release

Sentencing This will be fun! I promise?. Purpose: To contribute, along with crime prevention initiatives, to respect for the law and the maintenance of.

Purpose of Sentencing. Denunciation  express society’s disapproval of the offence.  “Send a message”  the action is against the law and the values.

Youth Criminal Justice Act. to prevent youth crime to have meaningful consequences and ensure accountability for youth crime to improve rehabilitation.

SENTENCING AND CORRECTIONS CHAPTER 15 PAGES

 Sentence - punishment imposed on a person convicted of committing a crime.  The goal or purpose of a sentence ◦ Protection of public ◦ Retribution.

After the Trial. After the Trial – Sentencing (Ch 10) Retribution (Revenge) Rehabilitation/Reformation Deterrence General Deterrence Specific Deterrence.

Chapter 9b Sentencing and Incarceration. Imprisonment – general facts Up to 6 months for most summary convictions 2 years to life for indictable convictions.

Sentencing. Sentencing - General Underlying principle that there must be consistency in sentencing – similar crimes committed under similar circumstances.

THE AIMS OF PUNISHMENT AND PRINCIPLES OF SENTENCING 1 Lady Justice Hallett DBE and Dame Linda Dobbs DBE.

3 FUNDAMENTAL APPROACHES TO JUSTICE: RETRIBUTIVE REHABILITATIVE RESTORATIVE Unit 1: What does justice look like?

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.

CRIMINAL LAW 4. Factors Affecting Sentencing Aggravating factors – things that increase the severity of the sentence. previous criminal record leader.

Criminal Law and Young People

Theories of Sentencing

Theories and objectives of sentencing

Sanctions and Outcomes

Punishing Convicted Criminals

From Sentencing to Release

CRIMINAL SANCTIONS 1. The Purpose of Sanctioning

Sentencing CLN4U.

11.1 – SENTENCING LAW 12.

CRIMINAL SANCTIONS Purposes Types Factors in sentencing

Lecture 2: Defences Reaching a Verdict

From Sentencing to Release

Vocabulary In your notes please define the following terms:

CLU 3MR Lesson 65.

Criminal Law Criminal Trials.

Punishing Convicted Criminals

Process and Objectives of Sentencing

SENTENCING Goals of Sentencing Procedures of Sentencing

Presentation transcript:

Sentencing in Canada

Process and Objectives of Sentencing 0 Sentencing reflects social values 0 Sentencing usually requires a pre sentence report about the offender’s ‘situation’ 0 The judge will consider the report when making their judgement 0 The Criminal Code is very important for sentencing and must be referred to as it outlines the max and min punishments 0 Section 12 of the CRF

Imposing a Sentence 0 Judges in Canada have a lot of leeway- they can impose sentences up to the maximums listed 0 Precedent cases, time spent in custody, pre-sentence reporting, potential for rehabilitation and the victim impact statements 0 Community options are now available and different criminal designations come with sentencing: - Long Term Offender (LTO)- repeat criminals, likely to reoffend - Dangerous Offender- see next slide

Imposing a Sentence For a Dangerous Offender Designation one of the following conditions must be met: 1. Has a pattern of aggressive behavior that is unlikely to change 2. Is indifferent to the consequences of his or her behavior 3. Committed such a brutal offence that future behavior is likely to be abnormal 4. Has sexual impulses that will likely cause injury or pain to others 5. Little to no chance of rehabilitation

Purposes the Criminal Code was amended to provide guidance for judges 0 Appropriate sentencing promotes a respect for the law- maintains a just, peaceful and safe society 0 All sentences have at least one of the following principles/purposes in mind and many have multiple.

Purposes 0 PROTECTION OF THE PUBLIC 0 including person, property and individual rights and freedoms reaction to public’s fears 0 RETRIBUTION 0 punishment to avenge a crime, ensuring that offenders suffer the consequences of their actions (“an eye for an eye”) 0 DETERRENCE 0 Specific - punishment to discourage criminals from re-offending 0 General - punishment to discourage people in general from offending 0 Page 293 R. v. Kobelka

Purposes 0 REHABILITATION 0 punishment combined with treatment and training to help offenders function in society. e.g. anger management; drug and alcohol programs; life skills (how to open a bank account, how to write a résumé) 0 statistics indicate that recidivism (the tendency of a criminal to re-offend) is reduced by 50% when they participate in rehabilitation programs 0 RESTITUTION 0 punishment that requires the offender to pay society back for the harm or loss suffered. e.g. community service; payment to victim for damages (but not pain and suffering) 0 DENUNCIATION 0 punishment designed to show condemnation of the offender’s conduct

Considerations in Sentencing 0 Mitigating Circumstances- details that may lessen the severity of the punishment 0 Aggravating Circumstances- details that may increase the severity of the punishment 0 Section 718 (2) of the CC: - Give similar sentences for similar offenders committing similar offences - Not impose consecutive sentences that are long or harsh - Not deprive liberty if less restrictive options are available - Consider alternatives to incarceration - R. v. Gladue page 297

Homework 0 Read over pages in your Textbook and record details regarding all of the types of sentences we have in Canada (see chart handout)