CH9 Sentencing

Question 1

utilitarian goals

Answer 1

focus on future conduct

general/specific deterrence

rehabilitation

incapacitation

Question 2

retributive goals

Answer 2

denunciation (society disapproves of actions)

retribution (“pay” for offences)

Question 3

restorative goals

Answer 3

reintegration

victim offender reconciliation

circle therapy

family conferencing

Question 4

sentencing options (7)

Answer 4

absolute discharge

conditional discharge

fine

intermittent sentence

probation

conditional sentence

imprisonment

Question 5

conditional sentence

Answer 5

term of confinement served within community (eg house arrest)

w/ conditions, supervised by probation officer

can be imprisoned for violating conditions

Question 6

types of sentences

Answer 6

concument (altogether)

consecutive (one after the other)

intermittent (in certain periods)

Question 7

dangerous offender designation (DO)

Answer 7

crown makes formal application after conviction, before sentencing

indeterminate imprisonment term

NEEDS: serious personal injury offence & past behaviour of aggression, low self control

Question 8

long term offender designation

Answer 8

offender is supervised for up to 10 yrs after sentence

Question 9

sentencing considerations (7)

Answer 9

aggravating & mitigating factors

case law precedent

pre-sentence reports

victim impact statement

psychological health of offender

aboriginal offenders

Question 10

collateral consequences

Answer 10

sanctions and prohibitions placed on incarcerated offender AND their family

Question 11

what do judges look towards for judging guidance?

Answer 11

statutory guidance

maximum sentences

mandatory minimum sentence

Question 12

victim impact statement

Answer 12

submission to sentencing court explaining emotional, physical, financial impact of crime

can be too emotional

Question 13

victim fine surplus (VFS)

Answer 13

15% of any fine given to victim

or 10k if there is no fine