SOC 1500 Lecture Notes - Lecture 10: Assault, House Arrest, Suspended Sentence
NOV 16
SENTENCING
Pre-Sentence Report
• Prepared by probation officer
• May contain victim impact statement
o How the offence has affected their lives
o
• Iforatio aout the offeder’s akgroud
• Interview from people who are important to the offender
• Youth reports
o Focus more on prior history with youth criminal justice act
o Youth are different from adults
o Way they are treated is a social construction compared to adults
o Individual emotion stability, emotional development, attitude
• Interviews with victim
Sentencing Hearing
• Length varies
• Joint submission
o Crown and defence come together and agree
• Justin Bourque
o Cro attorey…argued for three oseutie life setees, or 75 years i priso,
without the chance of parole
▪ Longest sentence in Canadian history
o Defee layer…asked for 50 years – but did not put up much of an argument. His client
pleaded guilty in August to the three counts of first degree murder and did not dispute
the ajority of the fats preseted to the ourt…
Release and Remand
• Judicial Interim Release
o If specific conditions are met
o Do’t at people to hae to ait i priso if they say they are goig to appear to ourt
o If they can pay bail
o If a responsible person vouches for them
▪ Parents, guardians
• Pretrial Remand
o Two reasons
▪ Primary grounds
• Need to hold a person to ensure they are going to appear in court
▪ Secondary grounds
• Custody is necessary for the publics protection
o More people in custody awaiting trial than those who have been sentenced
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Pre-sentence report: prepared by probation officer, may contain victim impact statement, how the offence has affected their lives. Interview from people who are important to the offender: youth reports, focus more on prior history with youth criminal justice act, youth are different from adults, way they are treated is a social construction compared to adults. Joint submission: crown and defence come together and agree. Justin bourque: cro(cid:449)(cid:374) attor(cid:374)ey argued for three (cid:272)o(cid:374)se(cid:272)uti(cid:448)e life se(cid:374)te(cid:374)(cid:272)es, or 75 years i(cid:374) priso(cid:374), without the chance of parole. Longest sentence in canadian history: defe(cid:374)(cid:272)e la(cid:449)yer asked for 50 years but did not put up much of an argument. His client pleaded guilty in august to the three counts of first degree murder and did not dispute the (cid:373)ajority of the fa(cid:272)ts prese(cid:374)ted to the (cid:272)ourt . If specific conditions are met: do(cid:374)"t (cid:449)a(cid:374)t people to ha(cid:448)e to (cid:449)ait i(cid:374) priso(cid:374) if they say they are goi(cid:374)g to appear to (cid:272)ourt.