Criminal Sentencing: What Do You Need to Know
After a person pleads guilty to a criminal charge, the accused is subjected to sentencing, which results in them getting punished for the criminal actions they have committed towards another person. Sentencing is an essential part of the criminal justice system in Canada, and this article will explain it in depth.
What Is Sentencing?
Sentencing is also called judgment, and its main objective is to give a convicted person a punishment for a crime they have committed. The punishment given to a person will fit the crime committed based on judicial reasoning and punishment guidelines that the government has set out in Canada.
Each crime in Canada is categorized under a specific section of the Criminal Code and varies depending on how serious the crime was.
Criminal Lawyers in Toronto: Judicial discretion is a major element in sentencing because the judge has to determine the proper sentence for an accused based on their interpretation of the law. It will be up to that specific judge’s discretion. Special circumstances might change the usual sentencing and having legal representation during a trial, which can also impact how much punishment you receive. Judges use a wide variety of evidence to determine a sentence for an offender, such as the accused’s past criminal record and whether or not they have mental health concerns.
How Does Sentencing Work?
Judges will consider aggravating factors (factors contributing to a longer sentence) when sentencing the person, and they will also consider mitigating factors (factors contributing to a shorter sentence) if there are any. An example of an aggravating factor is if the offender has a previous criminal record while mitigating factors can be if they are a first-time offender or if the crime was done under exceptional circumstances. A judge will also consider any recommendations made by the Crown and defence counsel before they decide how to sentence an offender.
The judge will then give out a punishment for the offender based on the degree of the crime they have committed. It should be noted that a judge can choose to go above or below the sentencing guidelines and may do so if aggravated or mitigating factors apply in their case. The main goal behind a sentence is to provide some form of retribution for the victim, punishment for the offender, and protection for the community. In addition to this, it also serves as a warning to other criminals that what they did was wrong, so they should not commit criminal acts in the future.
What Are The Roles Of Those Involved In Sentencing?
Sentencing has three main parties involved: the judge, the crown and the offender. The Crown represents the Canadian government in court. A judge is responsible for giving sentences to an individual depending on what offence they were convicted of. This can be changed depending on what the individual is convicted of under a discretionary or mandatory scheme. The judge will also be responsible for applying different sentences depending on what an offender is charged with, even if it’s the same crime. For example, two people can be convicted of robbery, and they both receive two years in jail, but one sentence has no parole while the other gives the other individual year parole. A judge will determine how long an offender should be incarcerated based on their criminal record, the seriousness of their crime, and any medical issues that may interfere with serving time in prison.
Purpose and Principle of Sentencing
The primary purpose of sentencing is to encourage people to respect the law and maintain a safe and orderly community, as mentioned in section 718 of the Criminal Code of Canada (CC)[1]. Section 718.1 of the CC mentions the principles of sentencing. It states that the sentence an accused receives must be proportionate to the seriousness of the offence and the amount of responsibility given to the offender.[2] In other words, the more blameworthiness an accused has of doing a crime, the more stringent the sentence should be. Another important principle of sentencing is mentioned in Section 718.2 (b), which states that similar sentences should be given to similar offenders who committed crimes under similar circumstances.[3]
Aboriginal Offenders and Sentencing
Under section 718.2(e) of the CC, it is mentioned that when people of aboriginal descent break the law under the Criminal Code, “all penalties other than imprisonment should be considered with attention to the circumstances of the aboriginal offenders.”[6] The Supreme Court of Canada in R v. Gladue, 1999[7] explains that this section of the CC is not meant to give Aboriginals a free pass around the penalties of the CC, but it is to address the historical overrepresentation of Aboriginals serving sentences in the justice system.[8]. The only exception where a reduced sentence cannot be given is for serious violent offences.[9]
The Objectives of Sentencing
What the justice system hopes to achieve through sentencing is outlined in the six fundamental objectives of sentencing.
- General Deterrence – To prevent the offender and others from committing the crime in the future. There are two types of deterrence. There is Specific Deterrence which is to prevent the same offender from committing the crime again. There is also General Deterrence which is to prevent others in society from committing the crime. It reminds them that if they commit the same crime as the offender, they will get a similar sentence.
- Segregation – To separate offenders from the rest of society. The idea here is that if a person is harmful to others in society, keeping the offender isolated from society is the best way to keep others safe.
- Responsibility – To hold the offender accountable for their criminal acts. It also makes the offender acknowledge the harm done to the victim and the community and helps promote a sense of responsibility in the offender.
- Rehabilitation – To reform the offenders. Treatment programs are a great way to rehabilitate an offender and might include the offender taking part in drug addiction programs to come off a drug addiction.
- Denunciation – To condemn or demonstrate disapproval of the crime committed by the offender. This objective is not to teach the offender a lesson but to make it clear that the court and society disapprove of the actions done as it is not in accordance with the law.
- Reparation – Having the offender repair or make amends for the harm done to the victim and society. In other words, it is when the judge orders the offender to fix the wrong they committed to the victim, such as paying the victim a certain amount of money or doing services for them.
Dispositions
Disposition refers to a court’s decision on what to do with an offender once they’ve been convicted in court. It is up to the judge or crown attorney working on the case to decide which disposition they should give out. Three forms of dispositions can be given to an offender in Canada: custody, fines and probation.
Custody
Custody includes several different sentences, such as incarceration or imprisonment, generally for people who have committed serious crimes in society. Incarceration means serving time in a federal penitentiary or provincial jail and it may vary in length depending on the severity of the crime committed.
Fines
Fines refer to paying money as a form of compensation for the crime committed. They are discretionary, and it is up to the Crown to recommend a fine for an offender. The Crown is also responsible for collecting the fine from the offender, and if they are unable to do so, it can result in another charge being laid against the offender.
Probation
An individual is placed on probation instead of being sent to jail, which means they have to follow several rules or conditions set by the court. They can be ordered to do community service, pay a fine, and be put under house arrest instead of being incarcerated in jail or prison.
In Canada, an offender can get an absolute discharge, a conditional discharge, or a suspended sentence depending on the crime they have committed.
An absolute discharge is given when an offender has been found guilty but is not required to participate in further legal proceedings such as community service or jail time.
A conditional discharge means that the individual can be put under probation, and if they don’t abide by all of the conditions set out for them, they can be found in criminal contempt.
A suspended sentence means that the judge has decided not to give the individual a prison term right away. Instead, they are given a specific amount of time not to get themselves into trouble with the law, and if they do, they can be sent to jail to serve out the rest of their sentence.
Conclusion
In Canada, we have many common purposes of sentencing. The main purposes of sentencing are to punish the offender, maintain safety in society, hold offenders accountable for their actions and promote a sense of responsibility. Restorative Justice is a growing purpose in Canada and other countries as alternatives to short-term sentences such as putting the offender through rehab or having them pay for their crimes. Also, Aboriginal offenders should be given different alternatives to sentencing than non-Aboriginal offenders. Ultimately, this article has gone over the main purposes of sentencing in Canada and what an offender can expect if they face charges for a committed crime.
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