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J - SOC 327 Textbook (1/2) > Chapter 8: Sentencing > Flashcards

Chapter 8: Sentencing Flashcards

1
Q

Sentence

A

A judicial determination of the legal sanction to be given to a person who has been convicted of an offence. For example, Joe is sentence to pay a fine of $100.

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2
Q

Reintegrate

A

Returning offenders to society as law-abiding and productive citizens.

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3
Q

What are the 5 theoretical principles of sentencing?

A
  1. Deterrence.
  2. Selective incapacitation.
  3. Rehabilitation.
  4. Retribution.
  5. Restorative.
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4
Q

What is deterrence?

A

General and specific deterrence. Stop crime from occurring in the future.

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5
Q

What is selective incapacitation?

A

If someone is removed from society, that person will no longer be a threat.

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6
Q

What is rehabilitation?

A

Many offenders can be treated in humane ways, and once released, they will lead crime-free lives.

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7
Q

What is retribution?

A

Tied to justice model, offenders should be punished no more and no less than their actions warrant– the severity of the sentence should depend on the seriousness of the crime.

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8
Q

What theoretical principle of sentencing is tied to the justice model?

A

Retribution.

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9
Q

What is restorative justice?

A

Focus is on repairing harm that has been caused because of the criminal act, both physical and emotional.

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10
Q

Disparity

A

In the legal context, the difference or inconsistency among judges with respect to sentencing.

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11
Q

Remand

A

The holding of an accepted in custody while he or she waits for trial or sentencing (as opposed to being granted bail and living in community while awaiting trial).

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12
Q

What are the 6 factors that guide judicial discretion?

A
  1. Denounce conduct.
  2. Deter crime.
  3. Separate offenders from society.
  4. Rehabilitation.
  5. Reparations for harm.
  6. Promote sense of responsibility (acknowledgement of harm to victims and community).
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13
Q

What are the 4 categories of minimum sentencing in Canada?

A
  1. 3 offences (treason, first and second degree murder).
  2. Firearms offences.
  3. Repeat offenders.
  4. Hybrid offences.
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14
Q

What are hybrid offences?

A

Crown can treat as summary or indictable offences. For summary, no mandatory minimum sentence.

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15
Q

How does the Crown make the determination between summary and indictable offences in the case of hybrid offences?

A
  1. Seriousness of the crime.
  2. Criminal history.
  3. Harm done to the victim.
  4. Steps taken towards rehabilitation.
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16
Q

What are 4 things that judges must consider when making sentencing decisions? (Note: these are different from the factors that influence judicial discretion).

A
  1. Sentencing limits of summary and indictable offences.
  2. Seriousness of the crime.
  3. Sentencing philosophy.
  4. Whether offender can be rehabilitated.
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17
Q

What is the difference between factors influencing judicial discretion and things that judges must consider when making sentencing decisions?

A

Factors influencing judicial discretion is things that influence judges in deciding sentences, while the factors that judges must consider when making sentencing decisions are things that the judges must look at before deciding on that sentence.

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18
Q

What are aggravating circumstances?

A

Elements in the crime or in the life circumstances of an offender that may permit a judge to sentence the offender to a longer term in prison before being eligible to apply for parole or conditional release.

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19
Q

What are some examples of aggravating circumstances?

A
  • Position of trust/authority.
  • Premeditation/planning.
  • Force/weapon.
  • Injury to victim.
  • High financial or personal value of stolen or damaged property.
  • Victim was young or vulnerable such as senior citizens or person with developmental disorder.
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20
Q

Gap Principle

A

A principle whereby a judge, when deciding on an appropriate sentence for a repeat offender, considers how much time has passed since the offender’s last conviction.

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21
Q

What are mitigating circumstances?

A

Elements in the crime or in life circumstances of an offender that may permit a judge to sentence the offender more leniently.

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22
Q

What are some examples of mitigating circumstances?

A
  • Self defence.
  • Intoxication/addiction.
  • No premeditation.
  • Financial need not greed.
  • Mental health issues impeding decision making.
  • Under 18.
  • Aboriginal.
  • Short life expectancy (chronic or terminal illness).
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23
Q

In sentencing, the sentencing must be ___ to the gravity of the offence.

A

Proportionate.

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24
Q

What are 2 factors that judges must consider when ruling on Aboriginal offenders?

A
  1. Systematic factors contributing to criminal behaviour of Aboriginal people.
  2. Specific sentencing procedures and sanctions that may be more appropriate. These may include things such as restorative justice and healing practices.
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25
Q

What are the positives and negatives of victim impact statements?

A

On one hand, they allow victims a change to speak freely, and allow ownership. On the other, they challenge the adversarial legal system, and bias proceedings.

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26
Q

What is the NCR sentence type?

A

Give out when there is a lack of mens rea, especially in the cases of mental illness or disease.

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27
Q

What is the absolute discharge sentence type?

A

When the offender is found guilty, but not convicted. The offender cannot be retried or charged for the offences, but the discharge can be brought up in cases of new offences.

28
Q

Absolute discharges are removed from the CPIC after ___.

A

1 year.

29
Q

What is the conditional discharge sentence type?

A

When the offender is found guilty, but not convicted. Required to follow rules. Afterwards, becomes absolute discharge, but if new offence is committed, then they can be tried for the original offence.

30
Q

What is the suspended sentence sentence type?

A

Offender is found guilty, but sentence is suspended. If no further offences are committed within the suspended period, no sentence is handed down.

31
Q

What is the fine sentence type?

A

Can be standalone or combined. Most often used sentence type in Canada. The maximum for summary offences is $5000, but there is no maximum for indictable. 15% surcharge goes to victim funds.

32
Q

What is the most commonly used sentence type in Canada?

A

Fines.

33
Q

What is the maximum fine sentence for summary and indictable offences in Canada?

A

$5000 for summary offences, no limit for indictable offences.

34
Q

What is the conditional sentence sentence type?

A

Served in community, and sentence is suspended as long as rules are followed. Reports to probation officer. Sentences less than 2 years have this alternative.

35
Q

In order to have a conditional sentence, your offence must carry a penalty of…

A

Less than 2 years.

36
Q

What sentence type would you be required to report to a probation officer?

A

Conditional sentence and (probation?).

37
Q

What are some conditions that can be applied in conditional sentences?

A
  • No contact order.
  • Weapons prohibition.
  • DNA sample.
  • Compensation order.
  • Driving prohibitions.
38
Q

What are some mandatory conditions that have to be applied in conditional sentences?

A
  • Keep peace/good behaviour.
  • Appear before court when needed.
  • Report to supervisor (probation officer).
  • Remain within jurisdiction.
  • Notify of any changes.
39
Q

What are some optional conditions that may be applied in conditional sentences?

A
  • No drugs or alcohol.
  • No firearms.
  • 240 hours of community service/year.
  • Attend a treatment program.
40
Q

What is the probation sentence type?

A

Served in community. Can follow incarceration. Combination of dispositions. All have mandatory conditions, and you can be charged for breach of probation.

41
Q

In what sentence type would you have a combination of dispositions?

A

Probation.

42
Q

Disposition

A

The specific sanction imposed by a judge in sentencing a person who has been convicted of an offence. For example, if Joe is sentenced to imprisonment, the disposition is 4 years. (Basically, how long/severe the punishment is).

43
Q

What is the electronic monitoring sentence type?

A

Often used in cases of house arrest, must wear anklet (think Neil Caffery).

44
Q

What is problematic about the electronic monitoring sentence type?

A

It does not address the root causes of reoffending.

45
Q

What is the restitution sentence type?

A

Offender paying the victim to cover expenses resulting from the crime. The idea is that the repayment will help the offender learn. However, there is a recognition that money cannot replace harms done.

46
Q

What are the goals of the alternative measures sentence type?

A
  • Prevent criminal records.
  • Stop criminal behaviours.
  • Promote community involvement.
  • Foster community awareness via participation.
47
Q

What are two examples of the alternative measures sentence type?

A
  1. Fine option program.

2. Institutional fine option.

48
Q

What is the fine option program?

A

An alternative measures sentencing option where the offender pays off fines through a community work sentence @ minimum wage.

49
Q

What is the institutional fine option?

A

The offender stays in an institution to “work off” a fine.

50
Q

What is the formula for calculating the institutional fine option?

A

(Unpaid option of the fine and the costs and charges associated with sentencing/8 hours per day)*minimum wage.

51
Q

What is the imprisonment sentence type?

A

Taking away freedom and incarcerating. Most severe, and is used as last resort.

52
Q

What is the maximum length of imprisonment for a summary offence?

A

6 months.

53
Q

What is the dangerous offender designation sentence type?

A

Designation used in cases of serious personal injury offences, or who pose a danger to the life, safety, or physical/mental health of others.

54
Q

What is the penalty for a dangerous offender designation?

A

Eligible for life imprisonment, with parole eligibility every 2 years after 7 years.

55
Q

What is the criteria for long-term offender designation sentence type?

A
  • Sentence of 2+ years.
  • Substantial risk of reoffending.
    • Sexual offence.
    • Repetitive behaviour inflicting damage.
  • Control of risk in community.
56
Q

What is the penalty for a long-term offender designation?

A

Imprisoned at least 2 years, supervision in community not exceeding 10 years.

57
Q

Which side (defence or Crown) can file for appeal?

A

Either side can.

58
Q

Which side more often files for appeal?

A

Defence.

59
Q

What are 5 options available to the Court of Appeal?

A
  1. Decide not to hear appeal.
  2. Hear the appeal and dismiss it.
  3. Substitute conviction with lesser offence that was originally included upon arrest, which would reduce sentence. For example, 10 years robbery substituted with 4 years assault with weapon.
  4. Acquit offender.
  5. Order new trial.
60
Q

What are the 3 types of specialized courts and sentencing processes discussed in the textbook?

A
  1. Aboriginal healing circles.
  2. Drug court (DTC).
  3. Domestic violence court.
61
Q

What is an Aboriginal healing circle?

A

Belief that everyone has a responsibility and a role. The victim, offender, and members of society and the CJS meet and discuss the offence, contributing factors, sentencing options, and reintegration options.

62
Q

What is DTC?

A

Drug courts are courts monitoring treatments. Maintains that not all criminal behaviour is inherently bad, but a symptom of drug addiction.

63
Q

What happens if DTC is successful? What if DTC is unsuccessful?

A

The offender’s charges are stayed, or the offender receives a non-custodial sentence. If unsuccessful, serves remaining time incarcerated.

64
Q

What are the objectives of domestic violence court?

A
  • Provide mechanisms to deal with family violence.
  • Improve response of the CJS (shortened waiting time).
  • Facilitate early intervention.
  • Support to victim.
  • Increase offender accountability.
  • Divert criminal justice expenditures.
65
Q

What are 2 issues in sentencing?

A
  1. Safe Streets and Communities Act.

2. Public opinion.

66
Q

Why is the Safe Streets and Communities Act an issue in sentencing?

A

The act focuses on deterrence through a “get tough” approach on crime. However, this type of approach is being debunked in places like Texas or California, and there is evidence that violent crime is declining.

67
Q

Why is public opinion an issue in sentencing?

A

The public believes that the CJS is too lenient on certain offences, especially violent ones. They also believe that there has to be more emphasis on rehabilitation. However, polls show that people do not prioritize the justice system.

J - SOC 327 Textbook (1/2) (4 decks)

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