Chapter 8 - Sentencing Flashcards
community service work
A condition of a probation order that requires an offender to participate in unpaid work programs that benefit the community, such as working at a library or a community centre.
breach of probation
A violation of an offender’s condition of probation, such as using drugs or alcohol when it is forbidden, or violating a curfew.
failure to comply
Violating the conditions of a probation order is a criminal offence that can result in additional charges and further punishments.
administration of justice offences
Offences that occur because an individual disobeys a pretrial condition or an imposed sentence, such as failing to attend court or failing to comply with a probation order. Also known as system-generated offences.
conditional sentences
Custodial sentences of up to two years that are served in the community. Individuals who do not meet the conditions of their release can be returned to court and ordered to serve the remainder of their sentence in a correctional centre.
concurrent sentence
Multiple sentences that are served at the same time (e.g., a person sentenced to two 11-month sentences to be served concurrently would be released after 11 months).
consecutive sentence
Multiple sentences that are served one after the other (e.g., a person sentenced to two 11-month sentences to be served consecutively would be released after 22 months).
absolute discharge
The least severe sanction that can be imposed, resulting in a finding of guilt but with no conviction registered.
conditional discharge
Requires the individual to comply with a number of conditions, and after they fulfill those conditions, the discharge becomes absolute.
justice by geography
The differences in case outcomes that are a result of where a court is located (e.g., some rural courts may be more punitive than urban courts).
extralegal factors
Conditions that affect sentencing but are not related to the offence, such as the location of a sentencing court.
proportionality
The principle that the sentence imposed on offenders is proportionate to the seriousness of their offence and their degree of responsibility.
aggravating factors
Facts that might lead to a more severe sentence, including if the offence involved a particularly vulnerable victim, such as a child, or if the crime was related to bias, prejudice, or hate.
mitigating factors
Facts related to the individual that might encourage a judge to impose a less severe sentence, such as if the individual is a youth, a young adult, or a first-time offender.
intimate partners
Current and former spouses, dating partners, or other intimate relationships.
battered woman defence
A defence that has been used by some victims of domestic violence who argued they had no way of escaping their victimization and had no other choice but to attack their abuser.
totality
A sentencing principle that considers the overall length of a sentence and requires that a single global sentence be imposed to avoid an unjustly long sentence.
truth in sentencing
Limits the amount of a sentence that can be granted as “time served” when an individual has been remanded prior to sentencing.
individualized justice
Enables judges to consider aggravating and mitigating factors as well as the individual’s strengths and limitations when imposing a sentence; it is the opposite of mandatory sentences.
determinate sentences
Sentences that have a warrant expiry date on which the inmate will be released from a correctional centre or federal prison.
warrant expiry date
An inmate’s release date from custody.
indeterminate sentences
Sentences imposed on dangerous and life-sentenced offenders who do not have a formal release date and remain under correctional supervision for the rest of their lives, whether in an institution or in a community.
warrants of committal
Documents that authorize an individual’s incarceration.
temporary release
A type of release granted from a correctional facility so that
inmates can participate in employment, education, treatment, or family visits.
earned remission
A type of early release from a provincial correctional centre that has been earned by the inmate through good behaviour.
pre-sentence report (PSR)
A report ordered by judges prior to sentencing to provide a comprehensive overview of the individual’s strengths and weaknesses, and whether prior justice system interventions were successful.
