Vol. 9 No. 12 (December 1999) pp. 547-549.

MAKING SENSE OF SENTENCING by Julian V. Roberts and David P. Cole (Editors). Toronto: University of Toronto Press, 1999. 381 pp. Cloth
$65.00. Paper $27.95.

Reviewed by Mary W. Atwell, Radford University, Department of Criminal Justice.

Julian V. Roberts, a Professor of Criminology, and David P. Cole, a Provincial Court Judge, have compiled a series of twenty-one essays dealing with the current state of sentencing policy in Canada. The volume begins and ends with the notion that sentencing is both widely criticized and widely misunderstood by the public. In that respect, Canada bears a strong resemblance to the United States. To shed some light on the complicated subject, the editors include chapters written by scholars as well as by practitioners. They limit their scope to contemporary sentencing and parole and focus mostly on adult offenders convicted of non-white collar
crimes.

In 1996, the Canadian Parliament enacted a major sentencing reform bill. Most of the book is concerned with an analysis and discussion of the contents and application of that legislation. The essays vary in style and focus. Several are more like reference pieces providing a summary of major sentencing laws. Other chapters such as the one on sentencing alternatives by Jonathan Rudin advocate strongly for a nontraditional approach to sanctions. The collection seems so eclectic that it does not really succeed either as a reference or as a critical discussion. Nonetheless, one might select some general questions from the volume and
use those as points of comparison between sentencing issues in Canada and in the United States.

As a response to several concerns-a public perception that sentences were too lenient, a recognition that rates of imprisonment in Canada were higher than in most modern democracies, and a sense that there were wide disparities among judges and jurisdictions-a reform process began in 1984 when the Canadian Sentencing Commission was formed with a particular mandate to study sentencing guidelines. After three years, the Commission proposed not only a system of guidelines, but also revisions of the maximum and minimum penalty structure, and a statement of the purposes and principles of sentencing. Next a parliamentary committee took up the subject, and after a series of public hearings and investigations of correctional institutions, came up with over a hundred suggestions for reform, many of which echoed those of the Sentencing Commission.

The 1996 legislation was the culmination of this nationwide debate and extended discussion. One can assume that a significant number of Canadians had the opportunity to make a contribution to the deliberation, and that the resulting law, Bill C-41, should reflect at least a reasonable consensus. The process of looking thoroughly at the whole range of issues associated with criminal sanctions, including the assumptions which underlie the choice of methods of punishment, is one that would

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be beneficial in the United States but one which most politicians seem loathe to undertake.

Bill C-41 contains several sections of interest. One provision encourages the use of alternative measures, and grows out of an expectation for individualized, creative ways of addressing minor offenders. A most intriguing feature of the law is its discussion of the purposes and principles of sentencing. Many supporters of sentencing reform believed that if Parliament could define the purpose of sentences, they could move logically to a coherent set of policies. Few students of sentencing would argue with the law's statement that the fundamental purpose of sentencing is "to contribute, along with crime prevention initiatives, to respect for
the law and the maintenance of a just, peaceful, and safe society by imposing just sanctions." It sets out a comprehensive list of sentencing objectives: denunciation, general and specific deterrence, isolation of offenders from society, rehabilitation, and reparations to victims and communities, and acknowledgement of harm to victims and to the community. Therein lies the problem cited by many authors in the Roberts and Cole volume. By listing all the possible objectives of sentencing, the act provides no guidance at all to judges trying to decide which is the most important of several competing purposes, and the door remains open for disparities and perceived inequities to enter sentencing.

The provision in Bill C-14 that provided the greatest subject for debate among the contributors to MAKING SENSE OF SENTENCING is a new sentencing
alternative--the conditional sentence of imprisonment. An offender who would otherwise be expected to serve a term in jail of less than two years may be required instead to serve his time in the community. The conditional sentence differs from probation in that the sanctions for violating its terms are swifter and surer than those for breaching probation. A number of the authors in Roberts and Cole argue that the conditional sentence will contribute to a decrease in the high rate of
imprisonment in Canada. On the other hand, there is little unanimity about whether the policy will reduce discretion. In fact, there is some evidence that the conditional sentence actually results in "widening the net" of the corrections system by its application to some offenders who would otherwise have no custodial sentence.

The last essay in the volume, by Anthony M. Doob, is entitled "Sentencing Reform: Where Are We Now?" Doob argues that long-standing problems remain
unsolved. The principle that a sentence should be proportionate to the crime is contradicted by a policy that takes prior offenses into account in rendering sanctions. The primary purpose of punishment has never been defined. Does the community look backward to the crime committed or forward to making a society safer by reforming the offender? By listing both objectives, and others, Parliament clarified nothing. Doob asserts that subjective decision making by judges continues, and with that subjectivity comes unwarranted disparities. He takes issue with the criterion that as long as a judge can provide a logical and legal basis for a ruling, he or she has made a "correct" decision. In telling judges to treat similar offenders and similar offenses in a comparable way, Bill C-14 offers no guidance fr evaluating the relative advantages and disadvantages of offenders' lives.

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Despite his generally pessimistic assessment of sentencing reform, Doob concludes that an irreversible process has taken hold with the 1996 legislation. Parliament has taken sentencing policy making away from the courts and into its own hands. However, Doob, the editors, and the other authors included this volume cannot predict how moving sentencing policy out of judicial purview and into the political realm will play out in the future.