Deciding on a Punishment

1. Deciding on a Punishment

2. Sentencing is a difficult job for a Judge. There is much at stake. • Safety of society • Freedom of the offender • Economic well being of offender’s family • The desire of the victim, or the victim’s family.

3. The Judge tries to find out as much about the offender and the crime as possible. • The Judge makes use of a pre-sentence report which is prepared by a Probation Officer.

4. A Pre-Sentence Report • Is prepared by a Probation Officer when asked by “The Court” prior to sentencing of a person found guilty of a crime.

5. A Pre-Sentence Report • The Probation Officer researches a convicted person’s background in a number of areas that include … • Charges, lawyers, Judge, etc. • Personal data (address, etc.) • Court information • Previous criminal record • Education • Employment • Assessment (physical, emotional, psychiatric, etc.)

6. A Pre-Sentence Report • The Probation Officer also provides his/her assessment of the convicted person. • All of these factors – including other factors relating to the offence committed – are considered by the Judge prior to sentencing.

7. Sentencing Factors • The Federal government set up the Canadian Sentencing Commission to make recommendations that would improve sentencing. • The following is a list of factors which Judges take into consideration when Sentencing:

8. Number of victims • Number of incidents • Was the offender young or elderly? • Was the offender physically or mentally impaired? • The offence involved actual, or threatened, violence; or the actual use of a weapon or an imitation weapon. • The offender has previous convictions. • The offender was excessively cruel to the victim.

9. The victim provoked the violence. • The offender has made restitution to the victim. • The victim was vulnerable due to age, infirmity, etc. • The offender played a relatively minor role in the offence. • The offence was planned, or part of a criminal activity

10. The offence was a breach of trust. That is, a person in a trusted position used that position to take advantage of the victim. • The offender was under stress. • The victim suffered substantial financial loss.

11. These factors can be divided into two categories: • Aggravating Factors: • Things that would increase the sentence. • Mitigating Factors: • Things that would decrease the sentence.

12. Aggravating Factors: Mitigating Factors: Create a chart which lists the Aggravating Factors in one column, and the Mitigating Factors in another column.