Ch9 Flashcards
What is the primary component of the criminal justice system in Canada?
The Canadian Court System
It includes various levels and types of courts.
What are the three main types of jurisdiction in the Canadian court system?
- Provincial
- Federal
- Military courts
Provincial courts handle most criminal and civil matters.
Which court in Canada serves as the final court of appeal?
The Supreme Court of Canada
It holds the highest legal authority in the country.
What is the Indigenous overrepresentation problem in Canada?
Indigenous peoples represent 5% of the population but account for 33% of admissions to federal custody
This disparity is attributed to various socio-economic and legal factors.
Name three factors contributing to Indigenous overrepresentation in custody.
- More crimes committed
- More serious crimes
- Lack of adequate legal counsel
These factors often intersect with socio-economic disadvantages.
What is meant by ‘mitigating factors’ in sentencing?
Background factors that may lessen the severity of the punishment
Examples include substance abuse, poverty, and past abuse.
What are the goals of sentencing in Canada?
- Specific deterrence
- General deterrence
- Denounce unlawful conduct
- Separate offenders from society
- Assist in rehabilitating offenders
- Provide reparations for harm done
- Promote responsibility in offenders
Sentencing aims to balance punishment and rehabilitation.
What is the fundamental principle of sentencing in Canada?
Sentence must be proportionate to the gravity of the offence and degree of responsibility of the offender
This principle ensures fairness and justice in sentencing.
What is the purpose of Indigenous Courts (Gladue Courts)?
To address the overrepresentation of Indigenous peoples in the criminal justice system
These courts consider unique cultural and social backgrounds of Indigenous offenders.
What is the term for a sentencing option where the offender serves their sentence in the community under specific rules?
Conditional sentence
If the rules are broken, the offender may serve the remainder of the sentence in prison.
What factors should be considered when determining a sentence?
- Seriousness of the offence
- Offender’s degree of responsibility
- Aggravating factors
- Mitigating factors
- Harshness of the sentence
Judges may also consider individual differences among offenders.
True or False: Judges in Canada always sentence for the same reasons.
False
Judges may have different motivations and interpretations, leading to sentence disparity.
Fill in the blank: The process of applying a legal sanction to a person convicted of an offence is called _______.
Sentencing
This process is crucial for maintaining law and order in society.
What is a potential outcome of considering aggravating and mitigating factors in sentencing?
More equitable and just sentences
It helps to tailor the punishment to the individual case.
What should combined sentences not be, according to sentencing principles?
Disproportionately harsh
This principle aims to prevent excessive punishment.
