Chapter 9 Flashcards

1
Q

3 goals of sentencing

A

Utilitarian - focus on future conduct
- general deterrence, specific deterrence, rehabilitation, incapacitation

Retributive - focus on the past
- Denunciation (express disapproval in behavior), retribution

Restorative - future focused
- resolve problems, protect the public, involve the offender, victim, and community

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2
Q

2 sentencing options available to judges

A

Concurrent sentences
- Sentences served simultaneously
- Criminal Code (1985)

Consecutive sentences
- Sentences served separately, one after another
- Provincial Offences Act (1990)

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3
Q

dangerous offender designation

A
  • a person who is given an indeterminate sentence upon conviction
  • a particularly violent crime
  • a pattern of committing serious violent offences

The Crown makes a formal application after conviction but before sentencing
- The offender is detained in a federal prison but there is no set length on the sentence.

First threshold - at least one “serious personal injury offence”

Second threshold - a pattern indicating offender has difficulty controlling behavior

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4
Q

long-term offender designation

A
  • received a sentence of more than two years
  • substantial risk that the offender will commit a serious personal offence after release from prison
  • long-term supervision order comes into effect after sentence ends
  • The offender will be supervised by a parole officer for up to 10 years
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5
Q

judicial determination

A

A order by the sentencing judge that the offender serve one-half of their sentence before being eligible to apply for parole. The primary objectives of this provision are protection of the public and specific and general deterrence

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