Sentencing in Canada Flashcards
(19 cards)
s. 718 of the criminal code
the fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposting just sanctions
What are Pre-sentence Reports?
a report prepared by a probation officer, an order by the court to help the judge decide what sentence to give
- defined by length, time, and conditions that are attached to the sentence
What does the Criminal Code s.721 (3) state the report must contain?
- offender’s age, maturity, character, behaviour, attitude, and willingness to make amends
- the history of previous dispositions (YCJA or any act of parilament)
- the history of any alternative measures used to deal with the offender and the offender’s response to those measures
are PSR’s mandatory? who orders one?
- they are not mandatory
- the judge orders one
- crown or defence can solicit the judge to order one
With what type of offence does the PSR occur?
- typically occur with more serious offences
- really used to understand the commission of what is going on behind the scenes of that crime
What kind of impact does the PSR have on sentencing?
- has a large impact on sentencing
- judges usually follow suit with the recommendations made by probation officers
What is a level of service inventory (LSI) ?
an actuarial assessment tool designed to identify the offenders’ risk and needs regarding recidivism
Static risk factors
prior criminal record, unchanging factors, history, unemployment, etc.
Dynamic risk factors
fluid forward looking aspects, emotional and personal factors, attitude and orientation
Eight categories that the LSI assesses
- criminal history
- education/employment
- family circumstances
- leisure/recreational activities
- pro-criminal attitudes
- substance abuse
- anti-social patterns
- association with criminal/non-criminal acquaintances
Strengths of the PSR
- provide objectivity
- more defensible due to standardization
- common template - ensures consistencies across reports
- potential for bias to be reduced
Weaknesses of the PSR
- subjective and discretion still embedded
- does not ensure accuracy
- potential interpretation issues
- over-classification of marginalized offenders found-racial bias and other marginalized individuals
What is a Gladue Report?
a PSR prepared prior to sentencing of Indigenous offenders that sets out historical events and that may be related to the offender’s conflict with the law and criminal behaviour
Criminal Code s. 718.2(e)
all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders
what is the goal of Gladue Reports?
to have appropriate sentencing as well as make cultural appropriate sentencing
Strengths of Gladue Reports
- providing tailored sentencing
- may be the first time being understood
Weaknesses of Gladue Reports
- inadequate resources
- lack of understanding and advocacy
- a form of risk assessment - because it is detailing all the criminogenic factors and can be interpreted to provide harsher sentencing instead of culturally appropriate sentencing
What are impact of Race and Culture Assessments (IRCAs)
a pre-sentence report prepared for Black and racialized Canadians before the court that includes information explaining how poverty, systemic racism and discrimination, marginalization and social experiments have shaped the offender’s life and experiences with the justice system
