Sentencing and Correctional System

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Sentencing and Correctional System

Goals of Sentencing

Once an individual has been found guilty of a crime the judge will impose a sentence as per S. 718 of the Criminal Code and XXIII of the Criminal Code. There are number of goals of sentencing.

Denunciation: Punishment aimed to send a message that the offenders conduct violoates society's basic values and such violations will be punished.

Restitution: Offenders must pay offenders back for the injury, loss and suffering caused by their crime.

Rehabilitation: Aims to treat the problem behind the crime to enable the person to function in society again. This is meant to help the individual get a job, quit an addiction. Recidivism occurs when the offender has served time and needs to enter a specific program.

Deterrence: Aims to send a message to the public about breaking a law that is meant to stop or discourage people from committing similar offences.

Retribution: Aims to punish the offender to avenge a crime to satisfy the public. An example of this is an eye for an eye.

Protection of the Public: Aims to protect the public. This extends to the person, their property, and indivduals rights and freedoms. This is designed this way because when someone commits a crime it impacts society as a whole.

Restorative Justice

Focuses on using joint problem solving to deal with harmful effects of crime. The goal is to unite victims, offenders and communities. Section 717 of the Criminal Codes outlines situations where this may be allowed.

Family Group Conferencing: Brings together the victim and the offender with family members and community support groups, police officers, and social workers.

Victim-Offender Mediation: Talking with the victim and offender with the help of a third party mediator. t

Types of Traditional Sentences

Questions to consider: is the offender a good candidate for rehabilitation? Are they a threat to society? Should they make restitution?

Incarceration: Imprisonment for a period of time.

Plea Bargaining: Negoitation deal where the accused pleads guilty in exchange for a lighter sentence.

Suspension of Privileges: Withholds a priviledge for a specific period or a lifetime.

Binding Over, Deportation, and Fines: Sentneces ordering defendants to demonstrate good behaviour up to 12 months, explusion from the country, and paying back specific amounts owed.

Electronic Monitoring: Allowing offenders to serve sentences at home under electronic supervision from a remote location.

Conditional Sentence: A sentence which can be served in the community with terms attached.

Intermittent Sentence: A sentence served for less than 90 days on weekends or nights.

Suspended Sentence: Judgement is passed but not carried out as long as the offender meets a certain condition set by the judge.

Probation: A sentence in which the offender has to prove that they are able to live in the community without committing an offense. Any offender on probation is under close supervision and has certain restrictions like mobility.

Discharges: This is a release and is granted for minor crimes. There are two types of discharges. Absolute includes dropping all charges. Conditional includes release with certain terms and the record is erased after three years.

Sentencing Procedures

Sentence Hearing: Judge looks at the facts of the crime , the offender, and victim to find out the appropriate sentence.

Things to Consider include: criminal record of the accused, pre-sentence report findings, nature and severity of the crime, offender's background, circumstances leading to the offense, offender's family backgorund, and offender's employment situation.

Perspectives to Consider: Three perspectives must be considered with regard to sentencing.

Considering Society: The Crown may recommend a sentence that they feel is in society's best interest.

Considering the Victim: Aligns with s. 722 of the Criminal Code, which requires a victim impact statement which descirbes the harm or loss experienced by the victims of the crime.

Considering the Offender: At this stage, the judge can order two reports. The first is a pre-sentence report which provides background information on the offender (family, education, employment history, physical and mental health, and motivation). The second is pyschiatric assessment, which describe the mental history of the offender and may result in further psychiatric tests.