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PSYC 2400 > Chapter 9: Sentencing and Parole in Canada > Flashcards

Chapter 9: Sentencing and Parole in Canada Flashcards

1
Q

roles of the major courts in Canada

A
  • Hearing evidence presented at trial
  • Determining the guilt and innocence of defendants
  • Rendering sentencing decisions across a wide range of criminal and civil cases
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2
Q

divisions of the Canadian court system

A

The Canadian court system is made up of numerous types of courts separated by jurisdiction and levels of legal superiority

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3
Q

jurisdiction of Canadian courts

A
  1. provincial courts
  2. federal courts
  3. military courts
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4
Q

provincial courts

A

have jurisdiction over most criminal and civil matters

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5
Q

federal courts

A

focus exclusively on matters specified in federal legislation

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6
Q

military courts

A

deal with offences committed by members of the Canadian Armed Forces under the National Defence Act

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7
Q

hierarchy of Canadian courts

A
  • courts are bound by the rulings of courts positioned above them in the hierarchy
  • administrative tribunals -> inferior provincial/territorial courts -> superior provincial/terriorial courts -> provincial & territorial courts of appeal and the federal court of appeal -> supreme court of Canada
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8
Q

Administrative tribunals

A

responsible for resolving disputes in Canada over a wide range of administrative issues in both provincial and federal jurisdictions

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9
Q

Inferior provincial/territorial courts

A

deal with a broad range of cases, including criminal and civil issues

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10
Q

Superior provincial/territorial courts

A
  • Act as the first court of appeal for inferior courts and try the most serious criminal and civil cases
  • In the federal jurisdiction, the court at this level is called the Federal Court of Canada
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11
Q

the Tax Court of Canada

A

deals with tax disputes between the federal government and Canadian taxpayers

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12
Q

what type of court is the Tax Court of Canada?

A

a federal court of appeal

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13
Q

Provincial & territorial courts of appeal and the Federal Court of Appeal

A
  • Review decisions rendered by the superior-level courts
  • They do not normally conduct trials or hear evidence from witnesses
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14
Q

Supreme Court of Canada

A
  • The final court of appeal in Canada
  • Consists of 8 judges plus the chief justice
  • Lower Canadian courts are bound by its rulings
  • It also guides the federal government on law-related matters, such as the interpretation of the Canadian Constitution
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15
Q

Indigenous overrepresentation

A

the discrepancy between the relatively low proportion of Indigenous people in the Canadian population and the relatively high proportion of Indigenous people involved in the criminal justice system

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16
Q

Indigenous overrepresentation statistics

A

Indigenous people make up 3% of the Canadian population but 18% of the federal and provincial inmate population

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17
Q

potential causes of Indigenous overrepresentation

A
  • Indigenous people may commit more crime
  • The crimes Indigenous people omit may be more likely to result in sentences of incarceration
  • Access to adequate legal representation appears to be more problematic for Indigenous people
  • Certain criminal justice policies appear to have differential effects on Indigenous offenders because they are, on average, more economically disadvantaged than non-Indigenous people
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18
Q

Bill C-41

A
  • Highlights the need for particular attention to the circumstances of Indigenous people
  • Was interpreted in R. v. Gladue (1999) as an attempt to ameliorate the serious problem of Indigenous people in prisons
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19
Q

Gladue reports

A
  • Provide the judge with an analysis of factors in the offender’s background that may serve to mitigate or reduce the culpability of the offender
  • Ex. substance abuse, poverty, exposure to abuse, lack of employment, loss of identity, culture, or ancestral knowledge, and attendance at a residential school
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20
Q

Restorative justice

A
  • An approach for dealing with a crime that emphasizes repairing the harm caused by it
  • Based on the philosophy that when victims, offenders, and community members meet voluntarily to decide how to achieve this, transformation can result
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21
Q

Goals of restorative justice

A
  • To prevent further damage from occurring (community safety)
  • To ensure that the offender is made responsible for the crime and repays the victim or the community (accountability)
  • To provide the offender with whatever they need to become a law-abiding citizen in the future (skills development)
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22
Q

efficacy of Indigenous courts

A

Indigenous courts appear to be having little impact on the overrepresentation problem

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23
Q

problems with Indigenous courts

A
  • They don’t deal with the full range of issues that cause Indigenous people to become involved in the criminal justice system
  • Recent legislation may work in opposition to Gladue, making it more difficult for judges to have discretion when sentencing
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24
Q

sentencing process

A

the judicial determination of a legal sanction upon a person convicted of an offence

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25
Q

characteristics of the sentencing process

A

it is highly visible and controversial

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26
Q

goals of sentencing

A
  • Specific deterrence
  • General deterrence
  • Reparations
  • To denounce unlawful conduct
  • To separate offenders from society
  • To assist in rehabilitating offenders
  • To promote a sense of responsibility in offenders
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27
Q

specific deterrence

A

sentencing to reduce the probability that an offender will re-offend in the future

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28
Q

general deterrence

A

sentencing to reduce the probability that members of the general public will offend in the future

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29
Q

reparations

A

a sentence where the offender has to make a monetary payment to the victim or the community

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30
Q

judges’ discretion

A
  • Judges often consider more than one goal when handing down a sentence
  • The goals a judge considers when handing down a sentence can sometimes be incompatible with one another
  • Judges across Canada likely hand down sentences for different reasons, even when dealing with similar offenders and offences
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31
Q

fundamental principle of sentencing

A

the belief that sentences should be proportionate to the gravity of the offence and the degree of responsibility of the offender

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32
Q

Other principles judges take into account when sentencing

A
  • A sentence should be adjusted to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender
  • Sentences should be similar for similar offenders committing similar offences under similar circumstances
  • Where consecutive sentences are imposed, the combined sentences should not be unduly harsh
  • An offender should not be deprived of liberty if less-restrictive sanctions are appropriate under the circumstances
  • If reasonable, sanctions other than imprisonment should be considered for all offenders
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33
Q

sentencing options in Canada

A
  • The Criminal Code provides a general framework for making sentencing decisions
  • Judges have a great deal of discretion
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34
Q

what is the most common type of sentence in Canada?

A

probation

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35
Q

custodial sentences in Canada

A

When custodial sentences are imposed, the sentence length tends to be very short

36
Q

main sentencing options in Canada

A
  • absolute discharge
  • conditional discharge
  • restitution
  • fine
  • community service
  • conditional sentence
  • imprisonment
37
Q

absolute discharge

A

the defendant is released into the community without restrictions on their behaviour

38
Q

conditional discharge

A

the defendant is released, but carries certain conditions that they must meet. Failure to meet the conditions imposed with a conditional discharge may result in the defendant being incarcerated or sent to a psychiatric facility

39
Q

restitution

A

a sentence where the offender has to make a monetary payment to the victim or the community

40
Q

fine

A

a sentence where the offender has to make a monetary payment to the courts

41
Q

community service

A

a sentence that involves the offender performing a duty in the community, often as a way of paying off a fine

42
Q

conditional sentence

A

a sentence served in the community

43
Q

imprisonment

A

a sentence served in prison

44
Q

what factors do judges consider when deciding on sentences?

A
  • The seriousness of the offence
  • The offender’s degree of responsibility
  • Various aggravating and mitigating factors
  • The harshness of the sentence
45
Q

objective vs. subjective factors in sentencing study

A

found that only about 9% of the variation in sentencing could be explained by objectively defined facts, while more than 50% could be explained by simply knowing information about the judge

46
Q

extra-legal factors in sentencing study

A

found that a variety of extra-legal factors influence sentencing, even when relevant legal factors are held constant

47
Q

gender and sentencing study

A

found that men receive 63% longer sentences than women do. Women are also significantly likelier to avoid charges and convictions, and twice as likely to avoid incarceration if convicted

48
Q

sentencing disparity

A

variations in sentencing severity for similar crimes committed under similar circumstances

49
Q

unwarranted sentencing disparity

A

variations in sentencing severity for similar cases committed under similar circumstances that result from reliance by the judge on legally irrelevant factors

50
Q

2 types of unwarranted sentencing disparity

A

systematic & unsystematic disparity

51
Q

systematic disparity

A

consistent disagreement among judges about sentencing decisions because of factors such as how lenient judges think sentences should be

52
Q

unsystematic disparity

A

inconsistencies in a judge’s sentencing decisions over time when judging the same type of offender or crime because of factors such as the judge’s mood

53
Q

how do researchers study sentencing disparity?

A

using either laboratory-based simulations or the examination of official sentencing statistics in an attempt to uncover variations in judicial sentencing decisions

54
Q

simulation studies

A

present mock judges or rela judges with details of a case and examine if and how sentencing decisions assigned to those cases by the judges vary

55
Q

Palys & Divorski (1986) sentencing disparity study method

A

provided 206 Canadian provincial court judges with 5 criminal cases. For each case, they were given a short description of the incident, the circumstances leading up to and surrounding the incident, the offender’s reaction in court, the impact of the incident on the victim, and a detailed presentation of the offender

56
Q

Palys & Divorski (1986) sentencing disparity study findings

A
  • They found strong evidence of sentencing disparity
  • The most important predictor of sentence severity was the differential weighting of legal objectives, followed by the importance placed on various case facets, followed by demographic characteristics and sentencing contexts associated with the judges
57
Q

sentencing guidelines

A
  • Guidelines that are intended to reduce the degree of discretion that judges have when handing down sentences
  • They require judges to make certain decisions unless they have reasons for departing from the guidelines
58
Q

research on sentencing guidelines in Canada

A

Research on sentencing guidelines is mixed

59
Q

sentencing guidelines in Canada

A
  • The Canadian government has been reluctant to implement formal sentencing guidelines
  • Some sentencing reforms have taken place in Canada but they aim to make sentencing more severe, not more rational
60
Q

efficacy of get-tough strategies

A

Recent research refutes the hypothesis that “get-tough” strategies change the antisocial behaviour of offenders and reduce the likelihood that they will re-offend

61
Q

are sentencing goals achieved? study

A

examined the rehabilitative and deterrent effects of prison and various community-based sanctions. They found little evidence that punishment-based sanctions lead to substantial decreases in recidivism rates. Most sanctions resulted in moderate increases in recidivism, except for fines and restitution, which resulted in small decreases. Incarceration led to little impact on recidivism, but longer prison sentences resulted in higher rates of recidivism

62
Q

risk principle

A

the principle that correctional interventions should target offenders who are at high risk of reoffending

63
Q

need principle

A

the principle that correctional interventions should target known criminogenic needs (factors related to reoffending)

64
Q

responsivity principle

A

the principle that correctional interventions should match the general learning style of offenders

65
Q

3 core principles and recidivism study

A

conducted a meta-analysis to determine whether interventions consisting of the three core principles led to reductions in recidivism. They found that offenders taking part in appropriate programs exhibited a decrease in recidivism, whereas offenders taking part in inappropriate programs exhibited an increase in recidivism. Offenders taking part in unspecific programs exhibited a decrease in recidivism, though less than those in appropriate programs

66
Q

parole

A

the release of offenders from prison into the community before their sentence is complete

67
Q

key components of parole

A
  • The conditional release of offenders so they can serve the remainder of their sentences outside an institution
  • An attempt to rehabilitate offenders so that they can become productive contributors to society
  • A high degree of community supervision to ensure the parole is abiding by certain rules
  • A clause that, if the conditions of parole are not met, an offender’s parole can be revoked and they can be sent back to prison
68
Q

parole board of Canada (PBC)

A

the organization in Canada responsible for making parole decisions

69
Q

types of parole

A
  • temporary absence
  • day parole
  • full parole
  • statutory release
70
Q

temporary absence

A

a form of parole that allows the offender to enter the community temporarily (ex. To attend correctional programs)

71
Q

day parole

A

a form of parole that allows the offender to enter the community for up to one day (ex. To hold down a job)

72
Q

full parole

A

a form of parole that allows the offender to serve the remainder of their sentence under supervision in the community

73
Q

statutory release

A

the release of offenders from prison after they have served ⅔ of their sentence

74
Q

who is responsible for supervising offenders on parole?

A

The Correctional Service of Canada

75
Q

what happens if an offender doesn’t abide by their conditions?

A

they may be returned to prison

76
Q

Common parole conditions

A
  • Having the offender report to a parole officer regularly
  • Remaining within the country
  • Obeying the law
  • Informing the authorities of changes in address or employment
  • Not possessing any weapons
77
Q

when does an offender become eligible for parole?

A

An offender must serve the first ⅓ or first 7 years of their sentence (whichever is less)

78
Q

making parole decisions

A

Parole decisions are made after a formal hearing with the offender

79
Q

Factors that parole board members consider when making their risk-assessment decision

A
  • Statistical measures of an offender’s risk of reoffending
  • The offender’s criminal history
  • Social problems experienced by the offender, such as drug use and family violence
  • Information about the offender’s relationships and employment history
  • Psychological or psychiatric reports
  • The offender’s institutional behaviour
  • Opinions from other professionals, such as police officers
  • Information from victims
  • Information that indicates evidence of change and insight into the offender’s own behaviour
  • Benefits derived from treatment that may reduce the risk posed by the offender
  • Performance on earlier releases
  • Any other information indicating whether release would pose a risk to society
  • The feasibility of the offender’s release plans
80
Q

Gobeil & Serin, 2009 release decisions study method

A

used hypothetical offender vignettes to examine the release decisions made by 31 parole board members from Canada and New Zealand and found:

81
Q

Gobeil & Serin, 2009 release decisions study findings

A
  • The release rate was considerably higher for women offenders and sex offenders
  • The release rate was considerably lower for Indigenous and domestic violence offenders
  • Variability existed in the amount and type of information accessed by parole board members
82
Q

Dr. Serin’s framework

A

Provides a structured procedure for considering the range of factors that do not need to be assessed when making release decisions and facilitates a final decision that should be equitable, transparent, and defensible

83
Q

efficacy of Dr. Serin’s framework

A

Research shows that using this framework results in lower rates of decision errors for parole decision-making

84
Q

what trends should we see if the Parole Board of Canada (PBC) is making effective decisions?

A

we would expect to see higher rates of success for offenders on day and full parole compared to those who have been granted statutory release

85
Q

is parole effective?

A

From 2012-2018, offenders who were granted day or full parole were more successful compared to those granted statutory release

86
Q

failures of offenders on parole

A

Most of the failures experienced by offenders on parole (and statutory release) are due to breach of conditions rather than the commission of new offences

PSYC 2400 (20 decks)

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