CHP9 Flashcards
Distinguish between the various purposes of punishment.
Sentencing aims to:
denounce unlawful conduct,
deter offenders and others,
separate offenders if necessary,
rehabilitate offenders,
provide reparations to victims/communities,
and promote offender accountability.
utilitarian, retributive, and restorative.
Identify the range of options to be determined in sentencing.
Options include:
absolute/conditional discharges,
fines, probation,
conditional sentences,
incarceration,
and special designations (e.g., dangerous or long-term offender).
Judges may also impose victim fine surcharges or consider restorative justice programs.
Distinguish between concurrent and consecutive sentences.
Concurrent sentences run at the same time (two nine-month terms = nine months total).
Consecutive sentences run one after the other (two nine-month terms = 18 months total).
Explain the purpose of the victim fine surcharge.
The victim fine surcharge funds victim services. It is added to other penalties and can be waived or reduced if it would cause undue hardship. The money does not go directly to the victim.
Explain what a sentence of life imprisonment means in Canada.
A life sentence lasts for the offender’s entire life, with parole eligibility after a set period.
Even if released on parole, the offender remains under supervision indefinitely.
Discuss arguments for and against the death penalty.
Supporters claim it deters crime and ensures retribution.
Opponents cite moral issues, wrongful convictions, human rights concerns, and lack of evidence it deters more effectively than other sentences.
Canada abolished it in 1976.
Explain the benefits and criticisms of judicial discretion in sentencing.
Discretion lets judges tailor sentences to each case, but it can cause inconsistencies.
Mandatory minimums and case law limits help ensure fairness, yet disparity remains a concern.
Describe the various factors taken into consideration in determining an offender’s sentence.
Judges consider offence severity,
offender responsibility,
aggravating/mitigating circumstances,
criminal history,
victim impact,
and broader issues like systemic discrimination.
Proportionality is key.
Describe Canada’s legal guidelines for sentencing Indigenous offenders.
Under s. 718.2(e), courts must consider Indigenous offenders’ unique backgrounds and alternatives to imprisonment (Gladue, Ipeelee).
This aims to address overrepresentation and ensure culturally appropriate sentencing.
Describe the criteria and implications of the dangerous offender (DO) and long-term offender (LTO) designations.
Dangerous offenders receive indeterminate sentences due to a pattern of serious, violent behaviour.
Long-term offenders pose a high risk but can be controlled in the community, receiving a set prison term plus up to 10 years of supervision.
