PURPOSES OF SENTENCING



Nelson – textbook pgs. 292 - 309

GOALS OF SENTENCING

|PURPOSE |EXPLANATION |

|Protection of Public | |

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|Retribution (punishment) | |

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|Deterrence | |

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|Rehabilitation | |

|Restitution | |

|Denunciation | |

SENTENCING PROCEDURES

|CONSIDERATION |EXPLANATION |

|Offender |Pre-Sentence Report: |

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| |Psychiatric Assessment: |

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|Victim |Victim Impact Statement: |

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|Society | |

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SENTENCING PROCEDURES CONT’D

|SENTENCING OPTION |EXPLANATION & EXAMPLES |

|Aggravating Factors | |

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|Mitigating Factors | |

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BUILDING YOUR UNDERSTANDING:

1. Discuss the people a judge must consider when deciding on a sentence?

2. How might a pre-sentence report help in determining a fair sentence?

3. Distinguish between aggravating and mitigating factors and provide 3 examples

TRADTIONAL SENTENCING OPTIONS (Nelson Textbook pgs. 292-309)

|Sentence |Description |

|Absolute Discharge | |

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|Conditional Discharge | |

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| |Examples of Conditions: |

|Suspended Sentence/Probation | |

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|Peace Bond | |

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|Community Service Orders (C.S.O) | |

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|Deportation | |

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|Fines | |

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|Suspension of Privileges | |

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|Incarceration (Imprisonment) | |

Define the following terms:

a) Dangerous offender (pg. 306):

b) Concurrent sentence

c) Consecutive sentence

PAROLE

Parole: The release of an inmate into the community before the full sentence is served.

|TYPE OF RELEASE |WHEN GRANTED |DURATION |

|Escorted Absences |Any time |5-15 days |

|Unescorted Absences |After 1/6 of sentence is served, or 6 years, whichever is greater |2 days if in medium security |

| | |3 days if in minimum security |

|Day Parole |Before full parole |Daily; return to halfway house |

|Full Parole |After 1/3 of sentence is served, or 7 years, whichever is less |Until the completion of sentence if conditions are |

| | |followed |

|Statutory Release |After 2/3 of sentence is served |Until the completion of sentence if conditions are |

| |(does not apply to offenders serving life or indeterminate sentences) |followed |

THE CORRECTIONAL SYSTEM

Types of Facilities

|FACILITY |CHARACTERISTICS |

|Detention Centre |30 day or less sentences |

| |remanded for trial – not granted bail |

| |intermittent sentences – served on weekends or nights |

|Provincial Prison |2 years less a day |

| |parole after 1/3 of sentence |

| |women will have their own ward |

|Federal Penitentiary |2 years + |

| |minimum, medium and maximum facilities exist |

| |Grand Valley Institution for Women is an example |

| |Kingston Area – several facilities exist [examples: Kingston Penitentiary (closed Fall 2013), Millhaven, Joyceville] |

| |Beaver Creek near Gravenhurst is a medium security institute |

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