After the Trial

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

Information for Sentencing prepared by a probation officer work/school record, friends, family situation, etc Criminal Record Pre-Sentence Report Victim Impact Statement how the crime has affected the victim’s life

Sentences judge’s option (interpretation of the law) Concurrent run at the same time as another usually if two crimes occur at the same time eg. Break and enter and Assault Consecutive served one after the other used if the offences are not related, eg. Break and enter on Monday and Assault on Thursday

Types of Sentences 1 Discharge most lenient sentence person is considered not to have been convicted of an offence if judge thinks this is in the best interest of both public and accused Absolute Discharge no conditions Conditional Discharge conditions, like probation – if conditions met then discharge is absolute

Types of Sentences 2 Suspended Sentence Accused is convicted Receives probation with conditions Probation conditions not met - return to court for sentencing Intermittent Sentence for sentences of 90 days or less only may be served on weekends only if considered that convicted person is no danger to the public Benefits keep job or stay in school maintain family relationship

Probation Return to community under conditions keep the peace be of good behaviour Report to probation officer No weapons, alcohol or drugs Do not associate with known criminals Stay within a designated area

Fines $ maximum for summary conviction offences no limit for indictable offences can be included with any other sentence Restitution convicted person must pay back victim can be included with any other sentence Imprisonment standard lengths – 90 days, 2 years less a day, 2 years, 5 years, 10 years, 14 years, and life judge does not have to give maximum 2 years less a day served in provincial prison, >2 years in federal penitentiary

Dangerous Offenders parole board reviews case every 2 years sentence is Indeterminate (Indefinite) - no set length very serious since convicted person does not know length of sentence Crown must apply and have evidence from psychiatrists Reasons for declaring a person a dangerous offender person is a threat to life or safety of others likely to commit other serious personal injury in future pattern of repeated or aggressive behaviour

Canada’s Correctional System Maximum Security armed guards, high walls, barbed wire Medium Security Minimum Security no fences, perhaps a farm Provincial Prison sentences of less than two years Federal Penitentiary sentences of two years or more

Conditional Release - Parole not all prisoners have to serve entire sentence “good behaviour” extenuating circumstances – family apply to Parole board under set conditions Full Parole when the inmate has completed 1/3 – 2/3 of their sentence

Having a Criminal Record may not be able to enter certain countries eg the United States may have trouble getting certain jobs may have trouble being bonded lasts for life Effects of a Pardon may be applied for after a period of time after conviction records are “hidden” (set apart) and may not be used unless person is accused of another crime person still has criminal record but has paid their debt and cannot be discriminated against because of their record