Sentencing in Law

Describe how victim-offender mediation works. Why are programs such as this important to victims?

It is to settle the conflict to the satisfaction of the parties involved. Conflicts are discussed, strategies and schedules for reparations are devised, and follow-ups and monitoring are arranged. In the controlled environment, victims can express their anger to the offender, while the offender learns to take full responsibility for their offences.

Upon what three principles are the restorative justice initiatives based?

• Crime violates a relationship among victims, offenders, and the community.
• Responses to crime should encourage the active participation of victim, offender, and community.
• A consensus approach to justice is the most effective response to crime.

When can absolute and conditional discharges be given? What kind of criminal record and conditions are attached to each?
As long as the offence does not carry a minimum or a maximum of 14 years or life, an offender can request a discharge. Absolute discharge means there is no criminal record, and no conditions that the offender must follow. Conditional discharge means that there is no criminal record, as long as the offender follows certain conditions chosen by a judge.

Describe probation and the optional conditions that may be imposed.
Probation allows the correctional services to maintain jurisdiction over offenders who are still at liberty in the community. Probation has mandatory conditions (behave well, appear before court when asked, and notify the probation officer of any changes of name, address or employment), and has optional conditions (report to a probation officer, abstain from alcohol and drugs, provide for the support and care of dependants (kids, elders), perform community service, make restitution, participate in a treatment program (if agreeable), and any other reasons the court finds suitable in securing the offender’s good conduct and preventing commission of another offense.

What is the maximum fine for a summary offence and an indictable offence?
Anyone found guilty of a summary offence is subject to fines not greater than $2,000. There is no maximum on fines for indictable offences.

What is the victim fine surcharge, and how is the money it raises used?
Parliament created this to fund victims. It can be up to 15% additional charges (or a maximum of $10,000 where no fine is imposed). The money is directly forwarded to provincial victims’ services.

What does it mean to serve a sentence intermittently?
For sentences no greater than 90 days, they can be served intermittently. This allows offenders to continue work and/or schooling, and serving the sentence on weekends. A 60-day sentence could be served over 30 weeks (i.e., on weekends). This ensures that the offender can maintain their job and/or education, and support any dependants (children, elders, etc.). When not in custody, all offenders are subject to probation orders.

What happens to a prisoner when a conditional sentence is imposed?
This means that the prisoner is permitted to serve the imprisonment in the community (AKA House Arrest). The prisoner is most commonly monitored with electronic devices.

Examine the facts and figures on incarceration. Choose one or two pieces of information that surprised you. Explain why.
The piece of incarceration information that surprised me the most was that the United States incarceration per 100,000 people was over 5 times the rate of Canada’s. I wasn’t expecting such a difference between the Canadian System and American system, but I was wrong. The United States’ criminal justice system must be worse than I had thought. These rates prove the difference between Canada and the United States’ criminal justice system.