1. 11.1 – SENTENCING
LAW 12

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

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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