1. SENTENCING Goals of Sentencing Procedures of Sentencing
ASK CLASS – What does the word sentencing mean to you?

2. Goals of Sentencing Rehabilitation Restitution Denunication
Protection of the Public
Retribution
Deterrence
Rehabilitation
Restitution
Denunication

3. Goals of Sentencing Protection of Public Retribution (punishment)
People, property, and rights and freedoms
Retribution (punishment)
Offenders should suffer the consequences of their actions suitable to crime committed
ex. Murder – 25 years to life immediately given
Deterrence
General - Discouraging others (pp’l in society) from committing a crime
Specific - Discouraging criminals from re-offending

4. Goals of Sentencing Rehabilitation Restitution Denunciation
Treating (helping) offenders to become law abiding citizens
Restitution
Offender must pay society for the harm or loss suffered
Ex. Community service
Denunciation
Punishment designed to show that the offender’s conduct has violated society’s values
(ex. Maximum sentence for child abuse)

5. Sentencing Procedures
After a defendant is convicted in a criminal trial, the sentencing process begins.
Summary & Minor Offences – sentencing usually takes place immediately
Indictable Offences – more complex and is often delayed to allow time for the Judge to make an informed decision

6. Sentencing Procedures Three Perspectives to Consider
Considering the Offender
Considering the Victim
Considering Society

7. Sentencing Procedures 1. Considering the OFFENDER
Pre-sentence report:
prepared by probation officer to gather information about offender (ex. Offender’s background, family, education, employment history, physical & mental health, friends, etc.)
Report must be objective to paint a clear picture for the Judge of the accused as a person in society
Psychiatric Assessment:
Report prepared by psychiatrist describing the mental history of offender and results from tests

8. Sentencing Procedures 2. Considering the VICTIM
Victim Impact Statement:
A statement which describes the harm or loss experienced by the victim or the victim’s family.
May be read before the offender or presented in any other manner the Court feels appropriate.
Sgt Ryan Russell Widow's Statement

9. Sentencing Procedures 3. Considering SOCIETY
The Crown represents society, presents evidence at trial to support the criminal charges to convince Judge or jury of defendant’s guilt beyond a reasonable doubt.
IF accused is found guilty – Crown has right to recommend appropriate sentence
It is the Crown’s role to ensure society’s best interest are protected

10. Sentencing Procedures Aggravating & Mitigating Factors
Aggravating Factors:
- factors that demonstrate the punishment should be more severe
- i.e. evidence showing that an offender abused a position of trust or authority in relation to the victim, or committed a crime in associate with a criminal organization
Jodi Arias - Aggravating Factors

11. Sentencing Procedures Aggravating & Mitigating Factors
- facts that demonstrate the punishment should be less severe.
- i.e. whether the crime involved a first-time offender. Offender may have a good character or good employment record. In such cases penalty may be reduced.

12. Traditional Sentences
Pls read Traditional Sentences in your textbook on pgs and complete Sentences booklet