law 120 mr. denton. pre-sentence report – background information about the convicted offender...
TRANSCRIPT
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Law 120
Mr. Denton
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Pre-sentence report – background information about the convicted offender prepared for the judge prior to sentencing
Victim Impact Statement – statement prepared by crime victim describing the harm done or the loss suffered as a result of the offence
Specific deterrence – punishment as a way to discourage
criminals from re-offending General deterrence –punishment to discourage people in
general from offending Rehabilitation – treatment and training programs designed to
help jailed offenders function in society Retribution – punishing an offender for revenge or to satisfy the
public that the offender has paid for the crime
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Segregation – separating the offender from society under that offender has paid for the crime.
Mitigating circumstances – circumstances that my
decrease the severity of an offender's sentence. Aggravated circumstances – circumstances that
increase the severity of an offender's sentence Suspended sentence – a judgment that is not carried
out, provided certain requirements are met Absolute discharge – releasing a convicted offender
and erasing his or her criminal record after one year.
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Conditional discharge – releasing a convicted offender under certain terms and erasing his or her criminal record after three years, provided the terms have been met.
Suspension of privilege – sentence that withholds a privilege for a
specified period of time Probation order– a sentence that allows a convicted offender to live in
the community under supervision of a parole officer Conditional sentence – a prison sentence of less than two years that can
be served in the community, with strict terms attached. Community service order – a sentence to perform certain community
services for a specified period. Peace bond – a document requiring an individual to stay away from a
person or persons for a period of one year. Restraining Order.
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Restitution –punishment that requires the offender to pay the victim or society back for the harm or loss caused by the crime.
Consecutive sentence – sentences served on after the
other Deportation – a sentence expelling an offender from the
country Concurrent sentence – sentences served at the same time
Intermittent sentence – a sentence of less than 90 days that may be served on weekends and nights.
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Capital punishment – death penalty Faint Hope Clause – an opportunity for offenders with
sentences of more than 20 years without possibility of parole can apply for parole if they are of good behaviour. Rarely given.
Royal Prerogative of Mercy – a release or sentence
reduction granted by the Queen under the authority of an Act of Parliament
Closed custody – highly secured provincial facilities for
dangerous offenders. Open custody – less secure facilities for non-violent offenders
Open Custody – less secure facilities for non-violent offenders
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Full Parole – conditional release from custody after serving one-third to one-half of a sentence
Day Parole – conditional absence from custody during the day only
Diversion programs – alternate methods of sentencing for offenders whose crimes do not have a minimum sentence
Indeterminate sentence – a sentence that allows an offender to be held for an indefinite period of time.
Pardon – the setting aside of a person's record of conviction
Protective custody – separation of offenders from the rest of the prison population
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Maximum security institution – a highly secured correctional facility
Medium Security Institution – a correctional facility with few barriers and some freedom of movement
Minimum Security Institution – a correctional facility without exterior barriers
Conditional Release – serving part of the sentence in the community under supervision
Unescorted Temporary Absence – brief release from custody for community service or personal reasons.
Work Release – conditional absence from custody to perform paid or voluntary work under supervision
Statutory Release – by law, release from prison after serving two-thirds of a sentence, excluding life or indeterminate sentences
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move to reduce the number of prisoners in Canada.
Alternate means of punishment. Criminals getting away with too much?
Criminals repaying debt to society in a meaningful way instead of draining money from society?
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information on offender's background, family, education, employment history, physical/mental health, social activities, potential ability, motivation and friends
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consider offenderconsider victimconsider society
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Segregation – separate offender from societyRehabilitation – help offender prepare to re-
enter societyRetribution – get even with offender – not
current Cdn goalDeterrence – keep offender/others from
committing crimes
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Mitigating decrease severity/Aggravating increase severity of sentence
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offence must not have minimum jail time as part of its sentence
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absolute discharge person is set free completely;
conditional person must follow rules set out by judge.
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loss of driver's license/ability to own firearmloss of liquor license (business)
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keep the peace and be of good behaviour for up to 12 months.
avoid the person who asked that the bond be imposed and agree not to own any weapons
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may enhance their self-worthallows offender to associate with people in
the community,instead of criminals in institutionsoccupies much of the offender's free time
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Anyone who is not a Canadian citizen and who commits a serious offence within Canada
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summary offences committed by individuals – maximum fine at $2000.
violent offences, the penalty for assault when the Crown proceeds summarily is $5000.
For corporations, the maximum fine for summary offences is $25,000.
No maximum fine provided for indictable offences.If the penalty for an offence is five years or less, the
offender may pay a fine instead of going to prison. Where the maximum penalty is more than five years, a fine may be imposed but only addition to imprisonment.
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counted as double
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prison sentence is 30 days or less - local detention centre.
sentence is more than 30 days but less than two years ‑ provincial prison
sentence is two years or more - federal institution
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concurrent – all sentences served at the same time
consecutive – all sentences served one after the other
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added consecutive sentence of 14 years to any crime committed for criminal organizations
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sentences of 90 days or less when person is primary income for household
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guide for sentencing so an offender convicted of several violations of the same offence usually does not receive an overlong prison term.
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threat to society with little hope of rehabilitation
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sentence for dangerous offenders allowing them to be kept in jail or an undetermined amount of time.
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Someone who repeatedly displays behaviour that could cause death, injury or psychological harm and would like re-offend following a sexual offence. Sentenced for original offence plus and additional sentence of up to 10 years of community supervision.
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1962, the law on capital punishment was amended to distinguish between two categories of murder: capital and non‑capital
1962, all death sentences were commuted to life imprisonment by the federal Cabinet.
1967, capital punishment was suspended for 5 years.
1976, by a six-vote margin, Parliament abolished the Criminal Code offences
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closed custody – dangerous offenders/secured facilities
open custody – non-violent offenders/half-way houses
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Their level of risk and need for rehabilitation
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give those sentenced to 25 years before eligibility for parole a small chance to get parole after 15 years of good behaviour
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release for offenders who serve 2/3 of their sentence not available to those serving life or indeterminate sentences
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Usually right after sentence for summary offences. Indictable/more serious offences usually delayed to allow judge time to make informed decision.
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offender still has a record with suspended sentence.
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keep the peacebe of good behaviourappear before the court when askedadditional orders to abstain from
drugs/alcohol and not carry a weapon