Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SOC 327 > Ch. 8 - Sentencing Options > Flashcards

Ch. 8 - Sentencing Options Flashcards

1
Q

What are the general sentencing options?

A

Imprisonment, fines, restitution and community service, probation, discharge, suspended sentence, conditional sentence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the difference between federal and provincial imprisonment?

A

Federal is two years or more, provincial is less than two years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are intermittent sentences?

A

The offender serves time on the weekends and when not in custody they are on probation. (Only for sentences less than 90 days).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

In what percentage of cases are fines used?

A

About 30%.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

To whom are the fines paid?

A

To the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are victims surcharges?

A

Fines paid to victim services programs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the old and new rates of victim surcharges?

A

Used to be 15%, it’s now 30%.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the fine for victim services for summary offences?

A

Now $100, used to be $50.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the fine for victim services for indictable offences?

A

Now $200, used to be $100.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Can judges waive surcharges?

A

Not anymore, but they sometimes still do.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What must be taken into consideration by judges before fining someone?

A

Capacity to pay.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is an institutional fine?

A

Serving time instead of paying a fine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the purpose of restitution and community service?

A

To repair harm to the victim/community.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

To whom are restitution charges paid?

A

Directly to the victim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

About what percentage of guilty cases get a restitution order?

A

About 3%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the most common sentence?

A

Probation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What percentage of sentences are probation?

A

Around 45%.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Who is probation available to?

A

Provincial offenders and federal offenders whose sentence is exactly 2 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How long can probation be for?

A

3 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How long can probation be for youth?

A

2 years.

21
Q

What are the mandatory conditions for probation?

A

Keep the peace, be of good behaviour, appear before the court when they are required to do so, alert the court of any change in name or address.

22
Q

What are some examples of additional conditions or probation?

A

Abstaining from alcohol, staying away from “negative influences,” attending council, etc.

23
Q

What does failure to comply with probationary conditions result in?

A

A new charge of breach of probation; a hybrid offence.

24
Q

What is discharge?

A

When the offender is found guilty but not convicted.

25
Q

Do discharged offenders have a criminal record?

A

No.

26
Q

In what cases do offenders get discharged?

A

In less serious cases, and when there is no history of serious offence.

27
Q

What must the judge be convinced of in order for their to be a discharge?

A

That it is in the best interest of the offender, and not contrary to the interests of the public.

28
Q

What is an absolute discharge?

A

No sentence imposed; discharge and that’s that.

29
Q

What is conditional discharge?

A

The offender must be supervised (i.e. on probation) and meet certain conditions imposed by a judge.

30
Q

What happens if the offender fulfills all the conditions in a conditional discharge?

A

The discharge becomes absolute.

31
Q

What happens if the offender violates conditions or commits a new offence in a conditional discharge?

A

They can be convicted and sentenced for the original offence as well as for any new offence.

32
Q

What is a suspended sentence?

A

The offender has been found guilty and has been convicted but the judge “suspends” the passing of a sentence for a period of time during which the offender is put on probation.

33
Q

What happens if the offender complies and behaves with a suspended sentence?

A

No sentence is given.

34
Q

What is the offender fails to comply and fulfill conditions in a suspended sentence?

A

They can be sentenced for the original crime and any new crimes.

35
Q

What is a conditional sentence?

A

A convicted individual who could have been sentenced to less than two years can be sentenced to serve that time in the community.

36
Q

Is a conditional sentence the same as probation?

A

No!

37
Q

What is the difference between a conditional sentence and probation?

A

Probation is rehabilitative, and conditional sentences are both rehabilitative and punitive.

38
Q

What happens if the offender fails to comply with conditions of a conditional sentence?

A

It may result in: no action, addition or removal of conditions, suspension of the conditional sentence, or revocation of the conditional sentence.

39
Q

What happens when a conditional sentence is suspended?

A

They serve a certain amount of time incarcerated and then return to their conditional sentence.

40
Q

What happens when a conditional sentence is revoked?

A

They serve the remainder of their sentence incarcerated.

41
Q

How is someone made into a dangerous offender or a long time offender?

A

The court makes an application after conviction and before sentencing.

42
Q

Who is typically given the status of dangerous offender?

A

Anyone who is convicted of a serious personal injury offence and who poses a danger to others.

43
Q

What must be considered when determining if someone is a dangerous offender?

A

Offence history and the likelihood of a serious offence in the future.

44
Q

What happens if a dangerous offender status is applied?

A

The offender is assigned an indeterminate sentence (can only be released by the Parole Board).

45
Q

When is a dangerous offender eligible for parole?

A

After serving 7 years, and every 2 years after that.

46
Q

Who is liable to become a long term offender?

A

Offenders who could receive a sentence of two years of more.

47
Q

What happens if a long term offender status is applied?

A

The offender must serve two years of incarceration and the judge sets a length for a Long-Term Supervision Order.

48
Q

How long can a Long-Term Supervision Order last?

A

Up to 10 years.

SOC 327 (19 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions