Sentencing, Punishment, Prison and Parole

1
Sentencing, Punishment, Prison and Parole

• Rehabilitation and Re-integration in Canada

2
Sentencing

• Once the trial is over, if the accused has been
  found guilty they must be sentenced, or given a
  punishment for their crime.
• The sitting judge at the trial decides the
  sentence of the accused. Through the use of a
  pre-sentence report, and the precedent system,
  judges decide what punishment and rehabilitation
  is necessary for the offender.
• The pre-sentence report is a collection of past
  history of the offender, testimony on his/her
  character, and the possibility for their
  rehabilitation.
• The judge may also choose to use a victim impact
  statement, or testimony to the effects of the
  offenders crime on the victim. These often
  powerful statements, can be very effective in
  either reducing or increasing the sentence of the
  offender.

3
Sentencing Objectives

• There are four fundamental objectives behind
  sentencing the offender
• Deterrence
• Retribution
• Rehabilitation
• Segregation
• The primary purpose of each objective is the
  protection of society.

4
Deterrence

• Punishments for crimes are generally used to
  prevent the occurrence of the crime.
• Often, when a crime occurs frequently in a
  particular community, then a judge may choose to
  increase the penalty of the offender to use
  him/her as an example for everyone else.

5
Retribution

• The days of the Code of Hammurabi have not
  completely left us. However pointless it may
  seem, often penalties are increased due to the
  severity of the crime to get revenge against the
  offender.
• If particularly disgusted by the offenders crime,
  often a judge may impose the full extent of the
  possible sentence for the crime.

6
Rehabilitation

• Lately, due to a shift in public opinion, the
  justice system focuses more on the rehabilitation
  of our offenders.
• Prisoners are provided with psychiatric help, or
  the opportunity for spirituality. Furthermore,
  prisoners are given education and job training
  while in prison to give them a role in society
  once they are released.
• Sociologist argue that deviant behavior, such as
  crime, are a result of people not finding a role
  in society. To ensure that they do not feel
  isolated from society, the justice system
  attempts to properly integrate them into society.

7
Segregation

• Finally, the justice system uses the sentence of
  the offender to temporarily remove them from
  society.
• To keep them from committing any other crimes
• To isolate them until they can be reintegrated
  into society

8
Options other than Prison

• Many in our society believe that prison is an
  ineffective method to deter, let alone prevent
  crime.
• As a result, options for sentencing have been
  developed to ensure that offenders are given the
  opportunity to pay for their crime but at the
  same time retain their rights as citizens.

9
Absolute or Conditional Discharge

• Sometimes, although they have been convicted of
  their crime, judges may decide to let offenders
  go without being punished.
• Some offenders are given either a conditional or
  absolute discharge. Basically, they are let off
  with a warning.
• If their discharge is conditional then they must
  fulfill certain conditions to ensure that the
  charge is not recorded in their criminal record.
  Basically, they go under probation to ensure that
  they abide by the wishes of the court.

10
Suspended Sentence

• The next step up from a conditional discharge is
  a suspended sentence.
• The offender is placed on probation, and any
  violation of that probation places the offender
  back in court for sentencing and a possible jail
  sentence.

11
Suspension of a Privilege

• Sometimes a crime may call for the suspension of
  a civil privilege. A drivers license or the
  right to travel internationally, many privileges
  can be removed to reduce the quality of lifestyle
  for the offender.

12
Restitution or Compensation

• Restitution is payment to the victim by the
  offender. Restitution is used when the effect of
  the offence on the victim can be reduced through
  payment.
• Furthermore, this form of punishment eliminates
  the need for the same case to be tried again in
  civil court.

13
Community Service

• For some offences the harm to society through the
  offence can be healed through service to the
  community
• In these cases, the judge can order the offender
  to serve the community as an unpaid volunteer to
• repay the community
• give the offender perspective and respect for
  their community

14
Deportation

• For offenders who are not Canadian citizens,
  crime could mean that they lose the privilege to
  remain in Canada.

15
Prison and Parole

• Read section 6.6 pp166-171 and answer RYR
  questions 1-7 on p171.
• Read the Issue on p172 and answer questions 1-4
  on p173.