Ch.9

Question 1

Proportionality (in sentencing)

Answer 1

The sentence must be proportionate to the gravity of the offence and to the degree of responsibility of the offender

Question 2

Principle of restraint (in sentencing)

Answer 2

Ensures that the sentence that is imposed is a just and appropriate punishment and nothing more

Question 3

Purpose of sentencing

Answer 3

1) DENOUNCE unlawful conduct and the harm done to victims or to the community
2) DETER offender and other persons from committing offences
3) SEPARATE offenders from society where needed
4) ASSIST rehabilitating offenders
5) Provide REPARATIONS for harm done to victims or to the community
6) PROMOTE sense of responsibility in offenders

Question 4

Utilitarian sentencing goal

Answer 4

GENERAL deterrence
SPECIFIC deterrence
rehabilitation
Incapacitation

Question 5

Retributive goals of sentencing

Answer 5

Denunciation

Retribution

Question 6

Absolute discharge

Answer 6

Offender is found GUILTY but not convicted,

Offence will appear on criminal record for one year and then removed

Question 7

Conditional discharge

Answer 7

Found GUILTY , released upon conditions

Question 8

Suspended sentence

Answer 8

Offender is CONVICTED of offence but the imposition of the sentence is suspended pending a successful completion of a period of PROBATION that may range from 1-3 years
Criminal record included

Question 9

Concurrent sentences

Answer 9

Multiple sentences that are amalgamated and completed simultaneously

Question 10

Consecutive sentences

Answer 10

Sentences for multiple offences that run one after the other

Question 11

Victim fine surcharge VFS

Answer 11

Funding for victim services not the victim themselves
Requires judges to order the offender to pay a victim fine surcharge equal to 15 percent of any fine
If no fine= up to 10k

Question 12

Judicial determination

Answer 12

An order by the SENTENCING judge that offender serve ONE HALF of their sentence before being apple to apply for PAROLE

Question 13

Sentencing considerations

Answer 13

Aggravating factors 
Motivating factors 
Case law precedent 
Pre sentence reports 
Victim impact statements 
Psychological assessments 
Indigenous offenders 
Black offenders

Question 14

Dangerous offender

Answer 14

A designation made by the judge after conviction that results in an indeterminate term of imprisonment in a federal correctional institution

Question 15

Long term offender

Answer 15

Requires offender to spend up to 10 years under supervision following the expiry of his or her sentence

Question 16

Gladue report

Answer 16

A report prepared PRIOR to sentencing of Indigenous offenders which sets out historical events that may be RELATED to the offenders conflict with the law and criminal behaviour

Question 17

Conditional sentence of imprisonment

Answer 17

A sentence for offenders who receive a sentence or sentences totalling LESS than TWO years
Offender served his or her time in the community under the supervision of a probation officer

Question 18

How do judges decide?

Answer 18

1) IDENTIFY the relevant FACTORS in the case
2) IDENTIFY the relevant LAW
3) COMBINE both to produce the correct outcome

Question 19

Sentencing disparity

Answer 19

Different sentences being meted out for similar offences committed by similar offenders in similar circumstances

Question 20

Collateral consequences of sentencing

Answer 20

The sanctions and prohibitions that are placed on persons convicted of criminal offences and their families
Those who have been incarcerated

Question 21

Case law precedent

Answer 21

Law that is established by previous court decisions and based on the rule of precedent

Question 22

Victim impact statements

Answer 22

Submission to sentencing court explaining the emotional physical and financial impact of the crime

Question 23

Circle sentencing

Answer 23

Restorative justice strategy that involves collaboration and consensual decision making by community
Victim the offender and judge etc talk and work things through

Question 24

Does increasing the severity of punishment have a deterrent effect on offenders?

Answer 24

Generally NO, it is the certain unit of punishment rather than the severity that has an effect