Criminal Law Sentencing Quiz

Sentencing

• Sentencing: punishment imposed on a person convicted of a crime.
• Goals of sentencing: protection of the public, retribution, deterrence, rehabilitation, restitution, and denunciation.
• Protection of individuals and society: crimes harm victims and the wider society.
• Retribution: punishment to avenge a crime, with the aim of offenders suffering consequences.
• Specific deterrence: punishment aimed at discouraging criminals repeating crimes.
• General deterrence: punishment aimed at discouraging people from committing crime in general.
• Rehabilitation: punishment paired with treatment and training to help offenders integrate into society. This often involves education, medical, and psychiatric treatment. An example includes prison employment programs for offenders whose unemployment caused their crimes.
• Restitution: a sentencing that requires the offender to compensate the victim or society for harm caused. This includes community service and financial compensation for damages.
• Denunciation: punishment designed to demonstrate condemnation of the offender's conduct, that the act violates societal values and will be punished. Judges consider various goals, like denunciation, protecting the public, and deterrence when making decisions.
• Summary vs. Indictable offenses: summary offenses (minor) have an immediate sentencing process. Indictable offenses (serious) involve a more complex and often delayed sentencing, allowing for a judge to acquire a better understanding of circumstances.
• Pre-sentence report: background information about the convicted offender prepared for the judge before sentencing. This usually comes from a probation officer and includes background, family, education, employment, physical/mental health, social activities, and potential abilities/motivations of the offender.
• Psychiatric assessment: a report describing the mental history of the offender that includes results of psychiatric tests.
• Victim impact statement: a statement prepared by the crime victim or their family describing the harm or losses suffered as a result of the offense. It must be considered by the court.
• The Crown's role: the Crown recommends the appropriate sentence if the accused is found guilty. They may introduce the offender's prior criminal record to support a stronger sentencing.

Sentence Hearing

• Sentencing hearing: the judge's chance to hear recommendations and consider all relevant facts before sentencing. The judge examines the accused's criminal record, pre-sentence report findings, the nature/severity of the crime, the offender's background, the circumstances leading to the offense, family/employment situation, and attitude toward their conduct.

Aggravating and Mitigating Factors

• Aggravating factors: circumstances that increase the severity of the sentence (e.g., premeditation, previous criminal record, large amounts of profit from crime, involving others in crime, etc.). They suggest that rehabilitation is unlikely or that a stronger deterrent is necessary. An example is an ongoing pattern of assault against the same person.

• Mitigating factors: circumstances that decrease the severity of the sentence (e.g., first-time offense, evidence of remorse, voluntarily entering treatment, etc.). Suggests that the offender can be rehabilitated and doesn't pose a threat to society, or strong deterrent measures are unnecessary.

Concerning the Offender and Offense

• Factors concerning the offender and the offense impacting sentencing include the offender's premeditation, previous criminal record, profit from crime, involving others, ring leadership, continued offenses, violent offenses, victims' number, and the necessity for deterrents. Mitigating factors include the offender's impulsive actions, their being a young or first-time offender, pleading guilty, assisting law enforcement, mental disabilities, or short expected lifespans. Likewise factors concerning the offense include whether the offense was minor or violent, the number of victims and how necessary a deterrent is.

Discharge or Release

• Discharge or release: a less severe punishment, typically for minor or first-time offenses. Two main types: absolute and conditional.
  • Absolute discharge releases the convicted offender and erases the criminal record after a year.
  • Conditional discharge releases the offender under specific terms; if these terms are violated, the discharge is revoked.

Probation

• Probation: a sentence that allows a person to live in the community under the supervision of a parole officer, in addition to or instead of imprisonment. It includes keeping the peace, demonstrating good behavior, appearing before the court when required, and notifying the probation officer of any changes in name, address, or employment. Failure to comply can lead to additional terms or probation revocation.

Other Types of Sentences

• Suspended sentence: a judgement that's not carried out immediately but contingent on satisfying specific conditions.
• Intermittent sentence: a sentence served on weekends or nights; typically less than 90 days.
• Conditional sentence: a prison sentence that's served in the community with specific conditions, like community service.
• Electronic monitoring: allows serving a sentence at home under electronic supervision from a remote location (ankle monitor).
• Binding over: a sentence requiring the defendant to maintain peace and show good behavior for up to 12 months as imposed on someone threatening another person or their property. Requires the defendant and complainant to appear before a judge together. Restraining orders are tied to peace bonds, but these usually last only until a hearing can be held.
• Deportation: a sentence of expulsion from the country for non-citizens committing indictable offences.
• Fines: specific amounts of money paid as penalties for summary offenses (maximum fine of $2000). Offender's ability to pay is considered.
• Suspension of privilege: withholds a privilege (e.g., driver's license, firearm license) for a defined period or permanently.

Plea Bargain

• Plea bargain: a negotiated deal where the accused pleads guilty for a lighter sentence.
• Examples include an accused of first-degree murder agreeing to a second-degree murder plea.

Real-Life Plea Bargain Example (Karla Homolka):

• Karla Homolka was granted a plea bargain. Exchanged sworn statements against her husband for a lesser sentence. She was charged with two counts of manslaughter, to be served at the same time. The Crown imposed two 12-year sentences.

Incarceration

• Imprisonment for a specified period.
• Maximum sentence dependent on offense (e.g., life sentence for murder, 25 years for aggravated sexual assault)
• Judges use a range of punishments in sentencing.
• Sentences less than 2 years are served in provincial, 2+ serve in federal institutions.
• Max penalty for a first non-violent offense is less than 4 years. The judge does not have to impose any prison sentence. They can choose an alternative form of punishment. Certain offenses have mandatory minimum sentencing laws like second-degree murder. The length of imprisonment depends on the specifics of the offense, the offender, and whether multiple sentences need to be served.

Middle Name Is Danger

• Dangerous offender: someone who poses a threat to the lives, safety, or well-being of others.
• Indeterminate sentences imposed for such offenders until a parole board determines they can be safely released.

Concurrent/Consecutive Sentences

• Concurrent sentences: served simultaneously (e.g., 2 and 4-year terms become 4 years).
• Consecutive sentences: served one after the other (e.g., 2 and 4-year terms are 8 years).

Restorative Justice

• Focuses on joint problem-solving to address the harmful effects of crime.
• Unites victims, offenders, and the community.
• Offenders assume accountability.
• Aims for amends.
• Methods include victim-offender mediation, family group conferencing, and victim-offender panels.

Victim-Offender Mediation

• Alternative program, involving the victim, offender, and a mediator to determine restitution.
• 4 stages of the program are case referral and acceptance, preparation, mediation, and follow-up.

Family Group Conferencing

• Alternative program for determining restitution, where the victim, offender, family members, community support groups, police officers, social welfare officials, and lawyers meet.
• The offender can end the program and return to court at any time. The process involves preparation, conferencing, and post-conference monitoring.

Victim-Offender Panels

• Moderated discussions involving victims and offenders linked by a common crime, wherein they express their feelings.

Sentencing Circles

• Alternative program for healing victims and offenders.
• Includes relevant stakeholders (victims, offenders, families, community members).
• Implemented when potential sentences are less than 2 years.

Research Time: Healing Lodges

• Healing Lodges: focus is on rehabilitation and support, not punishment.
• Who operates them?
• Purpose of these programs?
• Where are these healing centers located?
• Whose needs do healing lodges serve (what types of offenders)?

Back to the Money

• Prison is the most expensive penalty for offenders.
• Annual cost of keeping offenders is in the billions of dollars.
• Costs of keeping an offender in prison can be over $100,000/year.

Max to Min Security

• Federal institutions are classified as max, med, or min security based on their features, level of security, and types of offenders. Examples include walls, fences, bars, armed correctional officers/unarmed correctional officers, dangerous offenders, fewer/more physical barriers etc. Prisoners can be moved between security levels as their behavior evolves.

Provincial Correctional System

• Provincial system houses those awaiting trial or serving sentences under two years length. Systems include closed, protective, and open custody. This usually includes offenders with various security classifications, including those who are dangerous offenders/flight risks, have psychological care needs, or pose little flight risk, respectively. These systems vary on the level of security/access and potential needs/care offenders might require.

Parole

• Release of an inmate before completing full sentence on a promise of good behavior.
• Exemptions include first-degree murder; those must be reviewed after a third of a sentence or 7 years.
• Inmates must meet conditions to qualify for parole. Protection of society is the most important factor.

Day vs. Full Parole

• Day parole: conditional daily absence from custody (low-risk).
• Full parole: conditional release from custody after serving a certain portion of the sentence (e.g., one-third to one-half).

National Parole Board

• Oversees the parole process by reviewing offender risk assessments, including the offense itself, their prior criminal history, social problems, mental status, relationships, job opportunities, psychological/psychiatric reports, and opinions/statements about the victim.
• They assess behavior while incarcerated, evidence of changed behavior patterns/inmates' benefit from programs/treatment (psychological/psychiatric), and release potential risks to society.

Other Sentences

• Conditional release: part of a custodial sentence served in the community with supervision.
• Unescorted temporary absences: brief releases for community service/personal reasons.
• Work release: conditional absence from custody for paid/unpaid work.
• Statutory release: release after serving a specific fraction of the custodial sentence, usually two thirds (not applicable to life or indeterminate sentences).

Conditions of Release

• All offenders released on parole or statutory release must agree to the conditions of parole.
• Conditions include reporting to the parole supervisor, providing relevant information, and obeying the law.

Eligibility for Parole, Day Parole, Statutory Release

• Detailed chart showing eligibility criteria based on the type of offense (low-risk offender, others, life sentence, first-degree, dangerous offenders.) and what sentences these criteria would result in. Tables include the dates (how long they have to serve their sentences or alternative releases).

Best Case Scenario/Pardon

• Pardon: setting aside a person's record of conviction (does not erase the fact they were convicted). Certain countries have varying levels of pardon criteria, such as 3 years for summary offenses and 5 years for indictable offenses (where an offense is extremely serious, potentially life-altering, or violent). Pardons are automatically revoked if a person is later convicted of another indictable offense.
• Situations in which a pardon may be rescinded include unacceptable conduct or providing false application information.

I beg your Royal Pardon

• The Royal Prerogative of Mercy: the queen/king’s power to extend a pardon or reduce a sentence.
• This power is limited under the Act of Parliament. This is the only potential remedy for people who have exhausted all appeal process and are unable to prove their sentences violate the Charter. R. v. Latimer is a relevant legal case..