Chap 9

Question 1

Why is there such an overrepresentation of Indigenous offenders ?

Answer 1

1. Indigenous people may commit more crimes
2. Less access to proper legal services
3. Processed differently at trial
4. Policies have more adverse effects on indigenous members since they are socio-economically disadvantaged

Question 2

What are gladue reports ?

Answer 2

1. provide the judge with an analysis on the factors in the offenders background that include: loss of identity, culture, lack of employment etc.

Question 3

What is specific versus general deterrence ?

Answer 3

1. Specific: the goal of changing the behavior of the offender
2. General: the goal of reducing the likelihood that the offender will violate the law in the future

Question 4

What are the 5 sentencing goals?

Answer 4

1. Denounce unlawful conduct
2. Separate offender from community
3. Assist in rehabilitating offender
4. Provide reparations to the victims or community
5. Promote a sense of accountability

Question 5

What are the 5 sentencing options in Canada?

Answer 5

1. Absolute or conditional discharge
2. Restitution
3. Fines/community service
4. Conditional sentence
5. Prison

Question 6

What is an absolute vs conditional discharge ?

Answer 6

Absolute: the offender is found guilty, but will not be convicted, and will have no criminal record
Conditional: offender is put on probation and could potentially be discharged with no record

Question 7

What is restitution ?

Answer 7

Payment made by an offender to the victim to cover any expenses resulting from the crime

Question 8

What is the difference between a dangerous offender and a LTO ?

Answer 8

Dangerous Offender
- will be tried if serious personal injury is done, these offenders are dangerous to others and indefinite imprisonment may be required
LTO
- sentences of 2+ years, risk of reoffending, includes longer sentences and probation periods

Question 9

What are some factors that effect sentencing in Canada?

Answer 9

• includes the seriousness of the fence, the offenders degree of responsibility, mitigating factors etc

Question 10

What is systematic versus unsystematic sentencing disparity ?

Answer 10

Systematic: consistent disagreement from one judge to another that comes from personality differences
Unsystematic: the inconsistency from one judge between similar cases across time or from one offender to the next

Question 11

How can sentencing disparity be reduced ?

Answer 11

1. the implementation of sentencing guidelines

2. Restrictions on the type of sentences that can be handed out to certain offenders