Chapter 9: From Sentencing to Release Flashcards
pre-sentence report
account/report prepared for court prior to the accused’s sentencing that sets out his/her background
victim impact statement
declaration from a victim describing the offence’s effect on his/her life; one consideration for the judge when sentencing
conditional sentence
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
long-term offender
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
deterrence
sentencing objective of providing deterrents
rehabilitation
restoration of a person to a good physical/mental/moral health through treatment and training; sentencing objective
retribution
deserved penalty/punishment for a wrong or crime; vengeance; a sentencing objective
segregation
placement of dangerous offenders in a prison to protect society; keep prison inmates apart; a sentencing objective
recidivism
relapse into crime; return to prison of criminal repeaters
incarceration
imprisonment or confinement
mitigating circumstances
factors that moderate/lessen the responsibility of the offender
aggravating circumstances
factors that heighten/increase the responsibility of the offender
diversion programs
sentences that keep offenders out of prison (ex. suspended sentence, probation)
absolute discharge
sentence in which, while offender is found guilty, no conviction is recorded and offender is free to go w/o any conditions
conditional discharge
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
probation order
directive/order by court allowing person to live in community under supervision of a probation officer instead of serving a term of imprisonment
suspended sentence
delayed sentence; if offender meets conditions judge may never decide on penalty; like conditional discharge but has record
probation
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
suspension of privilege
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
peace bond
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
retribution/compensation
offender repays victim to lower impact of offence on victim or compensate them
community service orders
work hours for an organization or gov’t project
deportation
if not a Canadian citizen and commit serious offence, will be returned to home country
fines
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
