Chapter 9: From Sentencing to Release

Question 1

pre-sentence report

Answer 1

account/report prepared for court prior to the accused’s sentencing that sets out his/her background

Question 2

victim impact statement

Answer 2

declaration from a victim describing the offence’s effect on his/her life; one consideration for the judge when sentencing

Question 3

conditional sentence

Answer 3

penalty/sentence for crimes of a term less than 2 yrs that is served in the community if the offender meets certain expectations
*good behaviour, keep the peace, abstain from alcohol/drugs/use of weapons, appear in court when asked

Question 4

long-term offender

Answer 4

criminal who repeatedly behaves in a way that could injure, kill, cause psychological harm, and in the case of sexual crime offenders, would likely re-offend

Question 5

deterrence

Answer 5

sentencing objective of providing deterrents

Question 6

rehabilitation

Answer 6

restoration of a person to a good physical/mental/moral health through treatment and training; sentencing objective

Question 7

retribution

Answer 7

deserved penalty/punishment for a wrong or crime; vengeance; a sentencing objective

Question 8

segregation

Answer 8

placement of dangerous offenders in a prison to protect society; keep prison inmates apart; a sentencing objective

Question 9

recidivism

Answer 9

relapse into crime; return to prison of criminal repeaters

Question 10

incarceration

Answer 10

imprisonment or confinement

Question 11

mitigating circumstances

Answer 11

factors that moderate/lessen the responsibility of the offender

Question 12

aggravating circumstances

Answer 12

factors that heighten/increase the responsibility of the offender

Question 13

diversion programs

Answer 13

sentences that keep offenders out of prison (ex. suspended sentence, probation)

Question 14

absolute discharge

Answer 14

sentence in which, while offender is found guilty, no conviction is recorded and offender is free to go w/o any conditions

Question 15

conditional discharge

Answer 15

sentence in which, while offender is found guilty, no conviction is recorded and the offender is free to go but must meet expectations (ex. probation orders) to avoid a record and new sentence

Question 16

probation order

Answer 16

directive/order by court allowing person to live in community under supervision of a probation officer instead of serving a term of imprisonment

Question 17

suspended sentence

Answer 17

delayed sentence; if offender meets conditions judge may never decide on penalty; like conditional discharge but has record

Question 18

probation

Answer 18

sentence allows offender provisional freedom instead of imprisonment; requires good behaviour and other conditions judge imposes; common for 1st time offenders

• consider age, character, nature of crime
• fines may be added, agree not to carry weapon

Question 19

suspension of privilege

Answer 19

not allowed licences (ex. driver’s licence or allowed to serve liquor in liquor)
*authorities can refuse to renew or issue licence if a fine is not paid

Question 20

peace bond

Answer 20

require person to keep peace and good behaviour for up to 12 months, used in minor assault cases, charges withdrawn w/other conditions imposed, must avoid person who asked bond to be imposed and agree to not carry weapons

Question 21

retribution/compensation

Answer 21

offender repays victim to lower impact of offence on victim or compensate them

Question 22

community service orders

Answer 22

work hours for an organization or gov’t project

Question 23

deportation

Answer 23

if not a Canadian citizen and commit serious offence, will be returned to home country

Question 24

fines

Answer 24

summary offence have max $2000 fine (higher if under diff statute), no max for indictable, if offence is 5 yrs or less pay fine instead of going to prison, if offence is 5 yrs and more pay fine and go to prison
*fine option program provided in some prov./terr. to earn credits instead of paying fine offerred