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LAW 12 MUNDY 2008 Process and Objectives of Sentencing.

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Presentation on theme: "LAW 12 MUNDY 2008 Process and Objectives of Sentencing."— Presentation transcript:

1 LAW 12 MUNDY 2008 Process and Objectives of Sentencing

2 SENTENCING Sentencing involves considering a penalty for one convicted of a crime Sentencing occurs typically immediately following a verdict being imposed Once a sentence is given, either side can appeal the sentence in a higher court

3 PRE-SENTENCE REPORT For offenders of major offences, a judge orders a probation officer to create a report Pre-sentence report outlines the situation of the offender in terms of:  Past behaviour/crimes of offender  Likeliness to reoffend if released to society Interviews with offender and people familiar with offender considered when creating report Judge uses this report as a basis for sentencing

4 SENTENCING PROCEDURE During sentencing, both Crown and defence have a chance to call forth evidence (via witnesses, etc.) that speaks to offender’s background Crown may also highlight offender’s criminal record Convicted offender may give a statement Victim and others impacted may also give victim impact statement, explaining how offence has affected their lives adversely

5 SENTENCING OBJECTIVES Overall purpose in sentencing is for the protection of society Objectives for sentencing in criminal law are:  Deterrence  Retribution  Rehabilitation  Segregation/protection Hope is that offender will not lapse into recidivism

6 DETERRENCE Attempts to:  Make potential criminals think twice about committing a crime  Deter offenders from reoffending Death penalty is often cited as a potential deterrent When a gov’t increases the penalty for a particular crime, it usually is meant to create a stronger deterrent

7 RETRIBUTION Attempts to: Create a sense of equal punishment for the level of damage done by the crime; an “eye for an eye” This objective has been used as a basis for much of the punishments enacted throughout legal history

8 REHABILITATION Also known as “resocialization” Attempts to:  Improve offender’s mental well-being through psychiatric help  Improve offender’s chances to adopt a law- abiding person’s lifestyle through job-skill training Much of Canadian legal purpose today works towards this measure

9 SEGREGATION/PROTECTION To remove offenders from society in order to:  Remove opportunities for offender to reoffend or commit other crimes Some see prison sentences as serving a rehabilitative purpose, as offenders will have the time to reflect upon their wrongful actions

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