Sentencing Options

Types of Sentencing Sentencing does not always mean

imprisonment.

Due to the high cost of maintaining the prison system, diversion programs are increasing.They cost less than imprisonmentPrevent the accused from socializing with other

convicts.Allow accused to repay society in a meaningful

way.

Rates of Incarceration, 2000Country Rate for every 100 000 citizens

United States 699

New Zealand 149

Britain and Wales 124

Canada 118

Germany 97

France 89

Denmark 61

Finland 57

Absolute or Conditional Discharge

If sentence is less than 14 years and carries no minimum sentence, an absolute or conditional discharge may be assigned.

Usually assigned for first time offenders or when media exposure has been so severe that it has been a penalty itself.

Absolute Discharge

A sentence in which, while the offender is found guilty, no conviction is recorded and the offender is free to go without conditions.

Conditional Discharge

A sentence in which, the offender is found guilty, no conviction is recorded and the offender is free to go ….. BUT, must meet certain expectations (probation orders) in order to avoid a criminal record.

Restitution or Compensation Something given to make amends for a

loss (e.g. damages to an injured party)

Community Service Order A sentencing option in which the Judge

demands the offender does some specific work in the community, under supervision.

Suspensions

A sentence that removes a privilege, such as driving or attending school.

Probation

A sentence that allows the offender provisional freedom rather than imprisonment.

Requires good behaviour and other conditions the Judge imposes; common for first time offenders.

Deportation

To be expelled to one’s country of origin.

Common if someone is declared to be an illegal immigrant.

Fines

If the penalty for an offence is five years or less, the offender may – in some cases – pay a monetary fine instead of going to prison.

The Judge establishes the amount of the fine

Imprisonment If the prison sentence is 30 days or less, the

offender is usually kept at the local detention centre.

If the sentence is more than 30 days, but less than two years, the offender is placed in a provincial prison or reformatory.

If the sentence is two years or more, the offender is sent to a federal institution – penitentiary.