A sentencing circle is an Indigenous restorative justice hearing tribunal that is conducted in collaboration with members of the community and the criminal justice system. It is a process some judges adopt as an alternative to hearing formal sentencing submissions from the defence and Crown lawyers.
What is the purpose of a sentencing circle?
Sentencing circles can be a valuable way of getting input and advice from the community to help the judge set an appropriate and effective sentence.
What is sentencing circle in law?
In a sentencing circle, the participants in a conventional criminal sentencing hearing (the accused and counsel, Crown counsel, and the judge) are joined by others normally excluded from the process: the victim(s) of the offence, the police officers involved, and members and officials of the accused’s First Nation
Who decides the sentence in circle sentencing?
the judge
General Principles
The offender will be required to listen to each member’s views on the offender and offence. The members of the circle will then collectively come to a conclusion as to a fit and proper sentence that will ultimately be considered by the judge sitting in court at a sentencing hearing.
What are the negatives for circle sentencing?
Circle sentencing criticism
Circle sentencing works well for individual offenders, but if many community members are involved in an offence, such as during a riot, the system is less appropriate. In that case it might also be hard to find elders to sit on the court who are impartial.
How successful is circle sentencing?
The study found offenders were half as likely to receive a prison sentence, leading to a cost saving to the taxpayer of about $2.8 million a year. It also found they were 4 per cent less likely to reoffend within 12 months, and cases in which they did reoffend, it took an average of 55 days longer to do so.
What are the 4 main reasons for sentencing?
Four major goals are usually attributed to the sentencing process: retribution, rehabilitation, deterrence, and incapacitation.
What are the four sentencing options?
The four traditional sentencing options identified in this chapter are fines, probation, imprisonment, and—in cases of especially horrific offenses—death. The appropriateness of each sentencing option for various kinds of crimes was discussed, and the pros and cons of each were examined.
What are the two types of sentencing?
Types of Sentences
Determinate (a fixed amount of time) or indeterminate (a minimum and maximum amount of time) Deferred until a later time.
When did sentencing circles start?
1992
The first use of a sentencing circle as part of a criminal justice trial was in 1992, by Yukon Territorial Court Judge Barry Stuart in R. v. Moses. 9 Stuart based the process on procedures used by First Nations communities in Mayo.
What are the advantages of circle sentencing?
To increase confidence of Aboriginals in the sentencing process. To reduce barriers between Aboriginal communities and courts. To provide more appropriate sentencing options for Aboriginal offenders. To provide support to victims of offences by Aboriginal offenders.
Why do prisoners do half their sentence?
It is intended to allow some rehabilitation in the community, while keeping release dates consistent and prison numbers down. Those guilty of more serious crimes – such as serious sexual assaults or grievous bodily harm – will spend a greater part of their sentence in jail.
How a judge determines a sentence?
A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with
How is a talking piece used in a sentencing circle?
Every circle has a “talking piece” and a person is allowed to speak only while holding the object. The group must then reach consensus on the sentence, which then must be approved by the judge.
What are the two most common reasons for disparity in sentencing?
Racism and sexism
Some prison reform and prison abolition supporters have argued that race and gender are both valid reasons for disparity in sentencing.
What is one key difference between a court based sentence and sentencing circles?
What is one key difference between a court-based sentence and sentencing circles? The offender, the victim, and community members may determine the sentence. Why does John Braithwaite believe that restorative justice is more effective than traditional approaches in helping offenders realize their potential to change?
What is circle justice How is it different from jail?
As we learned, in the novel Touching Spirit Bear, Cole has a choice. He can accept this new form of Circle Justice, a Native American program aimed at the healing process rather than punishment, or go back to jail. He has to make a decision to either heal or continue to fuel his anger.
Are sentencing circles restorative justice?
A relatively new form of restorative justice is sentencing circles. In circle sentencing, the victim and other community representatives have input, and their needs are considered on par with those of the offender (see Stuart, 1996).
What is the most common sentencing?
Probation, the most frequently used criminal sanction, is a sentence that an offender serves in the community in lieu of incarceration.
What is the most severe type of sentencing?
More serious sentences include long-term incarceration, life-in-prison, or the death penalty in capital murder cases.
What are 3 factors that a judge takes into consideration when sentencing?
For instance, judges may typically consider factors that include the following:
- the defendant’s past criminal record, age, and sophistication.
- the circumstances under which the crime was committed, and.
- whether the defendant genuinely feels remorse.