Community-Based Sentencing: The Perspectives of Crime Victims
Highlights
- This report describes findings from a preliminary examination of community-based sanctions from the perspective of the crime victim. Interviews were conducted in Ottawa and Toronto with victims in personal injury cases in which a community sanction had been imposed (usually a conditional sentence of imprisonment (CSI)).
- The interviews took place in Ottawa and Toronto and were facilitated by personnel from the Victim/ Witness Assistance Program (VWAP).
- The victims who participated in this study were not uniformly opposed to the concept of community-based sentencing or conditional sentencing. Several individuals felt that a conditional sentence could be effective if it was tough enough and if it was adequately enforced. There was perception shared by several that the sentence should be used for less serious cases.
- Many victims found the criminal process, including the sentencing phase, to be confusing.
- Several individuals brought copies of the conditional sentence order to the interviews. Reviewing these orders, it was easy to see why the victims were baffled about the nature and conditions of the order. Several orders were missing critical pieces of information.
- Most crime victims were satisfied with their contact with Crown counsel in their case, as well as Victim/Witness Assistance Program personnel. With respect to the Crown, most victims reported having had the opportunity to provide input into the conditions that might be recommended to the sentencing court.
- Several victims remarked upon the laxity of the curfew restriction imposed on the offender in their case.
- A review of reported judicial decisions on conditional sentences suggests no uniform approach to incorporating victim interests in such sentences and infrequent conditions relating to the acknowledgment and reparation of harm done to the victims.
- The report concludes with a discussion of suggestions regarding victims and community sentencing in personal injury cases.
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