Canada's criminal code only allows for intermittent jail terms for sentences shorter than 90 days. They're often applied to single parents or people who can't afford to lose the income from their jobs, according to University of B. But she was surprised that McQuillan thought weekend jail time would be appropriate in Llanto's case. She pointed out that while Llanto had no previous criminal record, there was some suggestion that the abuse was not a one-time thing.
The violence was only discovered after year-old Malekah Kazemi, who has Alzheimer's and is partially paralyzed, managed to tell her son "this lady hits me. The son told the court that he now recalls multiple unexplained bruises on his mother and bleeding gums that Llanto blamed on her dentures.
The judge rejected the defence's recommendation that Llanto be given a conditional sentence, but said her offences weren't as serious as other elder abuse cases that ended in regular jail terms. One recent precedent that McQuillan cited was a personal support worker in Ottawa who pleaded guilty to assault for repeatedly punching an year-old man in the head. He was given 90 days of intermittent jail time. In another Ontario case, a man with a previous conviction for attempted murder received an intermittent sentence for theft and assaulting his mother — the judge's reasoning was that the attacker needed to complete his adult education program.
But in some parts of the country, there have been recurring issues with finding space for people to serve those intermittent sentences. Defense attorneys and prosecutors can both request this option, and judges usually have latitude in deciding the terms.
The hope, says Paul Howard, District Attorney for Fulton County, Georgia, is to "allow defendants to maintain their family and career lifestyle" while ensuring accountability for crimes.
With weekend punishments, for example, the tipsy college student discovered during a late-night traffic stop could serve time and still attend classes, all without significantly adding to already cramped jail space.
What happens during these stints varies. Some jails require the offender to pick up trash or perform other manual tasks. Others don't, and the offender spends the entire weekend in a holding cell.
Herb Hoelter, co-founder of the National Center on Institutions and Alternatives, says that while weekend jail does prevent people from losing their jobs while serving time, the sentences do take an emotional toll. As the Shattuck case proves, the categories of offenders awarded such sentences also include more serious offenses Shattuck's attorneys successfully persuaded the Delaware judge that a traditional sentence would be unfair and harmful to Shattuck's three children, who range from ages 12 to Cell shakedowns: How to handle strategic threat group contraband.
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