Lesson: 51

Topic: Sentencing Options and Diversion Programs.

Objectives:

During this class we will begin to explore various sentencing options intended to divert convicted criminals from prisons and penitentiaries. Students will examine the economic and rehabilitative challenges associated with incarceration, and will explore such alternatives as:

• fines,
• community service,
• suspended sentences,
• suspension of social privileges,
• binding over,
• restitution, and
• deportation.

Instructional Methods and Assessment:

Students will complete a video question sheet while viewing  the video "A Test of Justice." 

Students will examine several online documents in order to further explore how the objectives of sentencing convicted criminals in Canada have evolved over the years. In addition, students will determine what social factors have inspired these changes.

Once students have analyzed these documents, they will answer the following questions:

1. How large is the Canadian prison population?
2. What is the general purpose of rehabilitation?
3. What are some specific behaviours or skills which are targeted for rehabilitation?
4. What is meant by conditional relaese?
5. What is the benefit of conditional release?
6. What are the five types of conditional release?
7. Is statutory release always granted? Explain.
8. In your opinion, is statutory release easy to obtain?
9. Outline three aspects of Canadian sentence reform. (In other words, what are three ways in which sentencing is changing in Canada?)
10. Do you agree with the current sentence reform package? Why or why not?

Expectations Addressed:

The "Criminal Law and Procedures" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.

• Theories of Crime:

  • analyse the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;

  • explain the relationship between criminal law and morality and what is meant by “criminal conduct”;

  • explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;

  • explain the purpose of criminal law;

  • compare summary, hybrid, and indictable offences as they relate to criminal law.

• The Criminal Trial Process:

  • explain the processes of police investigation, arrest, search, and interrogation of suspects;

  • explain pre-trial procedures, including plea bargaining and release procedures;

  • identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);

  • outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);

  • evaluate the different types and purposes of sentences imposed in criminal law.

• Concepts of Justice:

  • explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);

  • analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);

  • analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).

Resources:

Text Reference:
• Text, Chapter #12

Handouts/Exercises:
• Sentencing Alternatives Presented by the John Howard Society
• Recent Sentencing Statistics
• Prison Overcrowding
• Offender Rehabilitation
• Conditional Release
• Detention of Offenders
• Sentencing Reforms, presented by the Solicitor General of Canada
• Sentencing Reforms, presented by the Solicitor General of Canada (Backup Copy)

Relevant web sites:

• Types of Sentences, presented by the University of Alberta Student Legal Service
• SENTENCE CALCULATION: A HANDBOOK FOR JUDGES AND LAWYERS
• Solicitor General Canada
• Correctional Services Canada
• Canada's Criminal Code - Presented by The Canadian Department of Justice
• Crimes, Courts, and Consequences - Presented by Publications Ontario
• Special Database: Criminal Code - Penalties