vens,1994,23) At the beginning of the circle, the judge usually sets out the range of sentence required by the Criminal Code for the offence. He may also give his opinion of what the sentence might be in similar circumstances or if they were to consider the matter without the assistance of a sentencing circle.. Sometimes the judge will indicate the highest sentence the accused would receive. The judge is not bound by the recommendations of the circle, but usually attempts to follow them. If the judge deviates from the circles recommendations he/she usually will advise why and will explain the nature of the sentence to the offender and the circle. (Donlevy,1994,45-46) There are any different sentencing recommendations. The main sentence that the community would like to achieve is the healing and rehabilitation of the offenders physical, emotional, mental or spiritual imbalances as well as the healing of the damage(physical,emotional,mental, and spiritual) to the victim. Judge Barry Stuart, widely accredited with implementing the first sentencing circle in Canada, advocates the sentencing circle as the alternative to incarceration. The justice system expects offenders with fragile self images, overwhelmed by personal problems, lacking any significant personal support system, without financial or personal resources to function independently, to miracously gain control over their life. When they fail...the justice system too readily closes the door on further rehabilitation and opens the door to jail...jail has a much higher prospect of negative consequences.(Stevens,1994,42)Judge Stuart ,also has stated ...communities must turn to less adversarial alternatives, such as Aboriginal sentencing circle and mediation between victims and offenders, which are based on consensus, forgiveness and reconciliation...what weve done, as the justice system is weve come into your communities and said Stand back, the experts are here. Weve made you lazy, we...
