Chap 9 Flashcards
What does a judge consider before sentencing an offender?
Circumstances, character, community safety, pre-sentence report, accused criminal record, plea bargain, mitigating and aggravating factors, availability of resources, pre-trial custody with plea, probation, statutory parole, community service, criminal case, parole rules, youth record, stability, and potential for rehabilitation.
How do judges consider precedents of similar cases when sentencing?
They do consider precedents of similar cases when sentencing.
What is a conditional release?
A discharge from custody into the community under terms and conditions.
What is the purpose of specific deterrence?
To ensure the offender cannot reoffend.
What options does the victim have to be compensated by the offender?
Cost compensation, work restitution, or sue the offender for whatever they lost.
What is the maximum sentence for an indictable offence?
Life imprisonment.
What is an indeterminate sentence?
A penalty ordering imprisonment for a period that is not fixed.
How does restitution compensate the victim?
It can give them money, work for them, or help them get what they lost.
Who is a respondent in an appeal?
The appellant.
What is statutory release?
An inmate’s release from an institution as required by law.
What is a conditional discharge?
A release with terms, which if successfully completed results in no criminal record.
What are mitigating circumstances?
Factors that demonstrate the punishment should be less severe.
What happens to the offender if they are given a conditional sentence?
A prison term of less than two years that is served in the community under conditions.
What is the maximum fine for summary offences?
$2000.
Under what circumstances can the defence appeal a conviction?
If there is a question about the law, facts, or on other sentencing reasons.
What is open custody?
Partial excuse of a crime.
What is a pardon?
Being excused of a crime.
What is a pre-sentence report?
A document about the accused’s background used for sentencing.
What are aggravating circumstances?
Factors that demonstrate the punishment should be more severe.
What is a mandatory minimum sentence?
A minimum punishment imposed by law.
What is recidivism?
Relapse into crime; return to prison of repeat offenders.
What is a peace bond?
A court order requiring a person to keep the peace.
What is an intermittent sentence?
A penalty for a crime that may be served on weekends or nights.
What is a healing circle?
A process to resolve conflicts between an offender and the victim.
Who investigates complaints made against the government?
Ombudsman.
Who is the appellant?
The party that makes the appeal request.
What is day parole?
The temporary release from custody of an offender under strict conditions.
What is the federal government’s right to issue a pardon called?
The right to have a fine or prison sentence rescinded.
What is a consecutive sentence?
A penalty for crimes in which penalties for the current conviction follow after the previous one ends.
Define restorative justice.
An approach to crime that emphasizes healing and community involvement to address the harm caused.
Define the faint hope clause.
The provision allowing a parole hearing after at least 15 years in prison for offenders serving life sentences.
What is closed custody?
The most secure form of detention in a prison under constant guard.
What is a concurrent sentence?
A penalty for two or more offenses, served at the same time.
What is open custody?
Detention that is supervised and allows some supervised access to the community.
What is a diversion program?
A sentence that keeps offenders out of prison by involving them in community service or other activities.
Define bonding.
A guarantee of the honesty of a person who handles money or other valuables.
Define extradition.
The action of returning a person accused or convicted of a crime to the jurisdiction where the crime was committed.
What is the purpose of a victim impact statement and what does it contain?
This is a declaration by the victim and others affected by the offense. It describes the impact of the offense on their lives.
What is the main purpose of diversion programs?
It’s to keep offenders out of prison.
Describe two kinds of diversion programs.
House arrest and community service.
