The background report the judge receives from the probation department can also have an influence on the strength of the sentence. If the report indicates that you are a productive member of society who made a mistake, the sentence might be much lighter than if it indicates you are a career criminal with no real work history.
If you were convicted or entered a guilty plea to more than one crime, the judge can impose a separate sentence for each of those convictions. The judge has the discretion to make those sentences either consecutive or concurrent.
If the sentences are consecutive, you will serve one sentence and then begin serving the next. In other words, the sentences are added to each other. If the sentences are concurrent, that means they are being served at the same time. In some cases, a judge can impose the death penalty, but in most cases, it is decided by a jury.
The same jury that voted to find the defendant guilty will reconvene to hear arguments for and against the death penalty. The jury will then deliberate to determine whether to sentence the defendant to life in prison or death by execution. In some states, the jury's decision is binding on the judge, whereas in other states, the jury's vote is merely a recommendation that the judge must consider before determining the final sentence.
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Whole life sentences and the tide of European human rights jurisprudence: What is to be done? When the Defendant almost immediately escaped it was held acceptable for the sentencing judge to vary the sentence by increasing it to 4 years on the basis that the escape gave the lie to the mitigation which had earlier been accepted. Bachelor of Laws Graduate Entry. Parity of sentence Where one of two co-defendants is amenable to a particular form of sentence, but the other is not, it is wrong in principle to impose the particular form of sentence on the one that is amenable and then a term of imprisonment on the other R v Berry , 7 Cr. B the actor committed the offense with the intent to commit a felony under Section
Government U. Foreign Policy U. Liberal Politics U. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud.
Pay a fine Pay restitution to the victim Go to jail or prison Serve a time on probation Do community service Complete educational remediation, counseling, or a treatment program. Whether or not you are a repeat offender Whether or not someone was injured during the crime Your background and character If you express remorse or regret The nature of the crime itself Impact statements from the victims.
WestlawNext — Canada LawSource. Alberta weekly law digest AWLD. Canadian encyclopedic digest C. Western , 4th ed.
The CED provides discussion of these areas of law with annotations to legislation and case law. Additional information may be found under other topical headings, and subsequent developments may be located by referring to the Cumulative Supplement. Skip to content In this guide, you will find information, resources and links about sentencing law in criminal cases.
Gibson Table of Contents Chapter 54 provides commentary on procedural aspects of sentencing proceedings. Criminal Pleadings and Practice in Canada, 2nd ed. Ewaschuk Table of Contents Section 18 discusses sentencing principles and provides citations to key case law.
Criminal Procedure and Sentencing provides a comprehensive, analytical and up-to-date guide to each step of the criminal process, from the arrest of the. Criminal Procedure & Sentencing provides a comprehensive, engaging and up- to-date guide to each step of criminal procedure, from the arrest of the suspect.
Ruby, Gerald J. Chan, Nader R.
Youth Criminal Justice Law, 3rd ed. Also included are digests organised by offence. Lutes Table of Contents. Drug Offences in Canada, 3rd ed.
You can also use CanLII to retrieve cases by citation or name.