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Law 12 > Chap 9 > Flashcards

Chap 9 Flashcards

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1
Q

What does a judge consider before sentencing an offender?

A

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.

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2
Q

How do judges consider precedents of similar cases when sentencing?

A

They do consider precedents of similar cases when sentencing.

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3
Q

What is a conditional release?

A

A discharge from custody into the community under terms and conditions.

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4
Q

What is the purpose of specific deterrence?

A

To ensure the offender cannot reoffend.

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5
Q

What options does the victim have to be compensated by the offender?

A

Cost compensation, work restitution, or sue the offender for whatever they lost.

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6
Q

What is the maximum sentence for an indictable offence?

A

Life imprisonment.

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7
Q

What is an indeterminate sentence?

A

A penalty ordering imprisonment for a period that is not fixed.

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8
Q

How does restitution compensate the victim?

A

It can give them money, work for them, or help them get what they lost.

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9
Q

Who is a respondent in an appeal?

A

The appellant.

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10
Q

What is statutory release?

A

An inmate’s release from an institution as required by law.

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11
Q

What is a conditional discharge?

A

A release with terms, which if successfully completed results in no criminal record.

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12
Q

What are mitigating circumstances?

A

Factors that demonstrate the punishment should be less severe.

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13
Q

What happens to the offender if they are given a conditional sentence?

A

A prison term of less than two years that is served in the community under conditions.

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14
Q

What is the maximum fine for summary offences?

A

$2000.

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15
Q

Under what circumstances can the defence appeal a conviction?

A

If there is a question about the law, facts, or on other sentencing reasons.

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16
Q

What is open custody?

A

Partial excuse of a crime.

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17
Q

What is a pardon?

A

Being excused of a crime.

18
Q

What is a pre-sentence report?

A

A document about the accused’s background used for sentencing.

19
Q

What are aggravating circumstances?

A

Factors that demonstrate the punishment should be more severe.

20
Q

What is a mandatory minimum sentence?

A

A minimum punishment imposed by law.

21
Q

What is recidivism?

A

Relapse into crime; return to prison of repeat offenders.

22
Q

What is a peace bond?

A

A court order requiring a person to keep the peace.

23
Q

What is an intermittent sentence?

A

A penalty for a crime that may be served on weekends or nights.

24
Q

What is a healing circle?

A

A process to resolve conflicts between an offender and the victim.

25
Q

Who investigates complaints made against the government?

A

Ombudsman.

26
Q

Who is the appellant?

A

The party that makes the appeal request.

27
Q

What is day parole?

A

The temporary release from custody of an offender under strict conditions.

28
Q

What is the federal government’s right to issue a pardon called?

A

The right to have a fine or prison sentence rescinded.

29
Q

What is a consecutive sentence?

A

A penalty for crimes in which penalties for the current conviction follow after the previous one ends.

30
Q

Define restorative justice.

A

An approach to crime that emphasizes healing and community involvement to address the harm caused.

31
Q

Define the faint hope clause.

A

The provision allowing a parole hearing after at least 15 years in prison for offenders serving life sentences.

32
Q

What is closed custody?

A

The most secure form of detention in a prison under constant guard.

33
Q

What is a concurrent sentence?

A

A penalty for two or more offenses, served at the same time.

34
Q

What is open custody?

A

Detention that is supervised and allows some supervised access to the community.

35
Q

What is a diversion program?

A

A sentence that keeps offenders out of prison by involving them in community service or other activities.

36
Q

Define bonding.

A

A guarantee of the honesty of a person who handles money or other valuables.

37
Q

Define extradition.

A

The action of returning a person accused or convicted of a crime to the jurisdiction where the crime was committed.

38
Q

What is the purpose of a victim impact statement and what does it contain?

A

This is a declaration by the victim and others affected by the offense. It describes the impact of the offense on their lives.

39
Q

What is the main purpose of diversion programs?

A

It’s to keep offenders out of prison.

40
Q

Describe two kinds of diversion programs.

A

House arrest and community service.

Law 12 (7 decks)

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