Sentencing and the Correctional System Chapter 11 1
Once a person has been found guilty of committing a crime, the judge imposes a sentence, or punishment. Generally, the goals of sentencing are to punish the offender and to reassure society that public safety is restored. 2
Goals of Sentencing Retribution means punishing an offender to avenge a crime. Many people believe that punishing offenders will deter other members of society from committing crimes and keep criminals from re-offending. Rehabilitation involves treating problems such as drug and alcohol dependency that interfere with an offender s ability to function in society. 3
Another reason for punishment is restitution, which requires offenders to pay society back for the injury, loss, and suffering they caused. Denunciation or condemnation sends the message to the offender that his or her conduct has violated society s basic code of values and that such conduct will be punished. In passing sentence, the judge usually tries to achieve more than one of these goals. 4
Sentencing Procedures Three perspectives must be considered in the sentencing process: the offender, the victim, and society. The judge may order a pre-sentence report and a psychiatric assessment to provide in-depth information about the offender to help determine an appropriate sentence. The Criminal Code also requires the court to consider a victim impact statement, in which the harm or loss experienced as a result of the crime is described by the victim or the victim s family. In addition, the Crown, acting in the best interest of society, has the right to recommend an appropriate sentence. 5
At the sentencing hearing, the judge may examine a number of factors about the offender and the crime. Sentencing decisions are restricted to some extent by the maximum and minimum limits specified in statute laws. A judge must also consider precedents for similar crimes as well as aggravating and mitigating factors. Aggravating factors increase the severity of the sentence by suggesting that rehabilitation is unlikely or that a strong deterrence is necessary. Mitigating factors decrease the sentence by suggesting that an offender can be rehabilitated or does not pose a treat to society. 6
Types of Traditional Sentences The most lenient sentence is a discharge, or release, which can only be applied for minor offences. An absolute discharge means that even though the accused is found guilty, the judge sets that person free. A conditional discharge is a release with terms attached, such as observing a curfew. Probation is a sentence that allows a convicted offender to prove that he or she is able to live in the community without committing another offence. 7
A suspended sentence is a judgment that is passed but not carried out as long as the offender meets certain requirements set out by the judge. An intermittent sentence is a prison sentence of less than 90 days that can be served on weekends and at night. A conditional sentence is a prison term of less than two years that can be served in the community rather than in a prison. 8
9 Electronic monitoring, such as an electronic bracelet that emits a signal to a computer, is now used to supervise some offenders in the community as long as they stay in their homes. An offender may be required to make restitution in the form of financial compensation to the victim or carry out a community service order to perform services such as working in a food bank. Deportation from the country, fines, and suspension of privilege such as taking away the offender s driving licence are also carried out in some cases.
Some offenders are subject to incarceration, or imprisonment, for a specified length of time. If the court decides that someone is a dangerous offender, an indeterminate sentence of no specified length will be imposed. If someone is sentenced for more than one crime, the sentences can be served concurrently (at the same time) or consecutively (one after another). 10
Restorative Justice Programs Restorative justice, also known as alternative justice, uses joint problem solving to deal with the harmful effects of crime. In the case of victim-offender mediation, the offender and the victim meet with a trained mediator. Both parties present their version of the events and express their feelings regarding the offence. During the process, the participants agree to appropriate restitution for the offence. 11
12 Family group conferencing brings together victims and offenders who have admitted guilt, as well as family members, community support groups, police officers, social welfare officials, and lawyers to work out restitution. An Aboriginal sentencing circle comprises the offender and the victim and their families, the elders and other members of the offender s Aboriginal community, police officers, and a trial judge. All the participants do their best to convey to the offender that they care for his or her well-being
The Correctional System People in the provincial correctional system are either awaiting trial or serving sentences of less than two years. Sentences of more than two years imprisonment are served in federal institutions. Maximum-, medium-, and minimum-security institutions have differing levels of barriers, guards and programs to secure and educate the prisoners. The Correctional Service of Canada offers programs such as living skills, literacy, work experience, cognitive skills training, and family violence intervention 13
Paroles and Pardons Parole is the inmate s conditional release into the community before the full sentence is served. Except for persons convicted of first-degree murder, prisoners must be reviewed for parole after serving one-third of the full sentence, or after serving seven years, whichever is less. Inmates must meet certain conditions to quality for parole, providing an incentive for prisoners to demonstrate good behaviour while in prison. Members of the National Parole Board review information about the offender in order to make an assessment of the risks involved in granting parole and the fitness of the prisoners to be released 14
15 Parole doesn t shorten the sentence; it simply allows part of the sentence to be served in the community under supervision. Work release allows the prisoner to work in the community under supervision. Day parole requires the prisoner to return to an institution or halfway house each night. Most prisoners are eligible for full parole after serving one-third to one-half of their sentence. Those not serving life or indeterminate sentences are entitled to statutory release after serving two-thirds of their sentence
When a pardon is granted, a person s record of conviction is set aside. This is important to people who want the opportunities and privileges that other Canadians enjoy. To obtain a pardon, the offender must demonstrate that he or she is now a law-abiding citizen. 16