Ch. 8 - Sentencing Options Flashcards
What are the general sentencing options?
Imprisonment, fines, restitution and community service, probation, discharge, suspended sentence, conditional sentence.
What is the difference between federal and provincial imprisonment?
Federal is two years or more, provincial is less than two years.
What are intermittent sentences?
The offender serves time on the weekends and when not in custody they are on probation. (Only for sentences less than 90 days).
In what percentage of cases are fines used?
About 30%.
To whom are the fines paid?
To the government.
What are victims surcharges?
Fines paid to victim services programs.
What are the old and new rates of victim surcharges?
Used to be 15%, it’s now 30%.
What is the fine for victim services for summary offences?
Now $100, used to be $50.
What is the fine for victim services for indictable offences?
Now $200, used to be $100.
Can judges waive surcharges?
Not anymore, but they sometimes still do.
What must be taken into consideration by judges before fining someone?
Capacity to pay.
What is an institutional fine?
Serving time instead of paying a fine.
What is the purpose of restitution and community service?
To repair harm to the victim/community.
To whom are restitution charges paid?
Directly to the victim.
About what percentage of guilty cases get a restitution order?
About 3%
What is the most common sentence?
Probation.
What percentage of sentences are probation?
Around 45%.
Who is probation available to?
Provincial offenders and federal offenders whose sentence is exactly 2 years.
How long can probation be for?
3 years.
How long can probation be for youth?
2 years.
What are the mandatory conditions for probation?
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.
What are some examples of additional conditions or probation?
Abstaining from alcohol, staying away from “negative influences,” attending council, etc.
What does failure to comply with probationary conditions result in?
A new charge of breach of probation; a hybrid offence.
What is discharge?
When the offender is found guilty but not convicted.
Do discharged offenders have a criminal record?
No.
In what cases do offenders get discharged?
In less serious cases, and when there is no history of serious offence.
What must the judge be convinced of in order for their to be a discharge?
That it is in the best interest of the offender, and not contrary to the interests of the public.
What is an absolute discharge?
No sentence imposed; discharge and that’s that.
What is conditional discharge?
The offender must be supervised (i.e. on probation) and meet certain conditions imposed by a judge.
What happens if the offender fulfills all the conditions in a conditional discharge?
The discharge becomes absolute.
What happens if the offender violates conditions or commits a new offence in a conditional discharge?
They can be convicted and sentenced for the original offence as well as for any new offence.
What is a suspended sentence?
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.
What happens if the offender complies and behaves with a suspended sentence?
No sentence is given.
What is the offender fails to comply and fulfill conditions in a suspended sentence?
They can be sentenced for the original crime and any new crimes.
What is a conditional sentence?
A convicted individual who could have been sentenced to less than two years can be sentenced to serve that time in the community.
Is a conditional sentence the same as probation?
No!
What is the difference between a conditional sentence and probation?
Probation is rehabilitative, and conditional sentences are both rehabilitative and punitive.
What happens if the offender fails to comply with conditions of a conditional sentence?
It may result in: no action, addition or removal of conditions, suspension of the conditional sentence, or revocation of the conditional sentence.
What happens when a conditional sentence is suspended?
They serve a certain amount of time incarcerated and then return to their conditional sentence.
What happens when a conditional sentence is revoked?
They serve the remainder of their sentence incarcerated.
How is someone made into a dangerous offender or a long time offender?
The court makes an application after conviction and before sentencing.
Who is typically given the status of dangerous offender?
Anyone who is convicted of a serious personal injury offence and who poses a danger to others.
What must be considered when determining if someone is a dangerous offender?
Offence history and the likelihood of a serious offence in the future.
What happens if a dangerous offender status is applied?
The offender is assigned an indeterminate sentence (can only be released by the Parole Board).
When is a dangerous offender eligible for parole?
After serving 7 years, and every 2 years after that.
Who is liable to become a long term offender?
Offenders who could receive a sentence of two years of more.
What happens if a long term offender status is applied?
The offender must serve two years of incarceration and the judge sets a length for a Long-Term Supervision Order.
How long can a Long-Term Supervision Order last?
Up to 10 years.
