Criminal Sentencing Canada
Criminal Sentencing
April.30/2013
* Sentencing: a convicted person is one of the most complex parts of the legal system. * A judge must weigh several factors when deciding how to sentence an offender. * In Canada, a judge has numerous sentencing options, which range from releasing the accused to imprisonment * The sentencing process is controversial to many Canadians, as most convicted offenders do reintegrate back into society at some point. * There is constant debate over how “hard” or “soft” convicted offenders should be treated by justice system.
Purposes of Sentencing
In 1995, the Criminal Code was amended to provide judges with clearer direction when sentencing convicted offenders.
Each sentence issued by a judge should reflect as many of these four objectives as possible: * Denouncing unlawful conduct * Deterrence * Separation or segregation * Rehabilitation
Denouncing Unlawful Conduct * Part of any criminal sentence should involve denouncing or condemning unlawful conduct. * It should be clear to the offender that what he or she did was wrong from the viewpoint of society. * When convicted offenders are sentenced, their character and past behavior are considered. * If they are repeat offenders or if the crime thay committed is serve, their behavior will be denounced in the strongest terms and that should be reflected in the sentence they receive
Deterrence
A sentence is supposed to deter or prevent an offender from committing more crimes. Deterrence can be divided into two types:
Specific deterrence: a sentence that discourages a particular criminal from reoffending or committing another crime in the future.
General deterrence: a sentence that discourages the general public from committing a particular crime
Segregation
* Another purpose of criminal sentencing is to separate or segregate offenders from society. * This usually involves incarcerating the offender (putting them prison).
April.30/2013
* Sentencing: a convicted person is one of the most complex parts of the legal system. * A judge must weigh several factors when deciding how to sentence an offender. * In Canada, a judge has numerous sentencing options, which range from releasing the accused to imprisonment * The sentencing process is controversial to many Canadians, as most convicted offenders do reintegrate back into society at some point. * There is constant debate over how “hard” or “soft” convicted offenders should be treated by justice system.
Purposes of Sentencing
In 1995, the Criminal Code was amended to provide judges with clearer direction when sentencing convicted offenders.
Each sentence issued by a judge should reflect as many of these four objectives as possible: * Denouncing unlawful conduct * Deterrence * Separation or segregation * Rehabilitation
Denouncing Unlawful Conduct * Part of any criminal sentence should involve denouncing or condemning unlawful conduct. * It should be clear to the offender that what he or she did was wrong from the viewpoint of society. * When convicted offenders are sentenced, their character and past behavior are considered. * If they are repeat offenders or if the crime thay committed is serve, their behavior will be denounced in the strongest terms and that should be reflected in the sentence they receive
Deterrence
A sentence is supposed to deter or prevent an offender from committing more crimes. Deterrence can be divided into two types:
Specific deterrence: a sentence that discourages a particular criminal from reoffending or committing another crime in the future.
General deterrence: a sentence that discourages the general public from committing a particular crime
Segregation
* Another purpose of criminal sentencing is to separate or segregate offenders from society. * This usually involves incarcerating the offender (putting them prison).