Preface

• Author: Erin Winocur/Danielle Robitaille/Maya Borooah
• Pages: 27-29

xxvii

Preface

Sentencing is our collective response to crime. It is the mechanism through which we

respond to what people have done and why they have done it. Through sentencing,

we try to denounce crime and rehabilitate oenders. We seek to prevent future crime

through deterrence, separation, and rehabilitation, and we try to repair the harm caused

by crime by encouraging people to take responsibility for their actions, to acknowledge

the harm caused to victims, and to make reparations. We know that the sentencing

tools are not perfect. We expect that debate will continue around whether crime is best

prevented through incarceration, restorative justice programs, court orders, or rehabili-

tation. We know that some victims of crime can never be made whole, that some crimes

cry out for tough denunciation. However, in criminal law, the sentencing hearing is

the moment where we try to achieve these goals. It is our profound hope that this book

will help you make good use of this moment in the lives of oenders and victims. We

hope that by understanding not only the principles that inform and guide sentencing,

but also the mechanics of the process, you will join us in our quest to advocate for

sentences that prevent future crimes and reintegrate oenders back into lawful society.

We hope that our colleagues in the social sciences will help us develop new mechan-

isms to understand and respond to crime eectively and that practitioners on the front

lines of the administration of justice across the country will have access to those tools.

We hope that this book will be a part of that process.

It is often said that sentencing is more an art than a science. We encourage you to

be creative and to find innovative solutions. To do that, you need to understand the

principles and practice of sentencing. We wrote this book to help all who work in

the administration of justice understand the mechanics and principles of sentencing.

We encourage you to take your understanding of the law of sentencing and work with

the lawyer on the other side of the file to find a resolution that addresses everyone’s

goals. To do this, we have to stop thinking of sentencing as a zero-sum game. We have

to trust each other as colleagues and to support each other when we take risks.

This book marries the principles of sentencing with its legal and practical aspects. It

• reviews the principles,

• provides advice on resolution discussions and processes,

• explains the process of the sentencing hearing,

• discusses aggravating and mitigating factors,

Copyright © 2024 Emond Montgomery Publications. All Rights Reserved.