Final Exam (Criminal Law) Flashcards
Sentence
A punishment imposed on an offender.
Retribution
Punishment that serves as a form of vengeance for a crime, so the offender faces the consequences of their actions.
ex: a prison sentence
Specific Deterrence
Punishment that aims to discourage criminals from reoffending.
ex: receiving a fine
General Deterrence
Punishment that aims to discourage members of the public from offending.
Rehabilitation
Punishment combined with treatment to create behavioural changes in offenders and help them re-integrate into society upon release.
ex: being ordered to see a therapist in prison
Recidivism
When an offender returns to committing a crime after their release from prison.
Restitution
Punishment that aims to compensate the victim or society for the harm caused by the offender.
ex: the offender being asked to return a stolen item to the victim, or the value of the stolen item
Denunciation
Punishment that aims to show condemnation of the offender’s conduct, which has violated society’s values.
Pre-Sentence Report
A report prepared by a probation officer for the judge prior to sentencing, detailing the offender’s background information.
^helps the judge understand the context of the offender’s life and actions
Psychiatric Assessment
A report prepared by a qualified psychiatrist for the judge prior to sentencing, detailing the offender’s mental health history.
^helps the judge determine an appropriate sentence
Victim Impact Statement
A statement prepared by the victim or the victim’s family describing to the court the harm and loss experienced by the victim.
^helps the judge determine an appropriate sentence
Sentencing Hearing
The opportunity for the judge to listen to the defense counsel and the Crown’s sentencing recommendations, as well as assess all the factors of the case, before passing a sentence.
Aggravating Factors
Circumstances or factors of the case that may increase the severity of the sentence.
ex: harsh impact on the victim
Mitigating Factors
Circumstances or factors of the case that may decrease the severity of the sentence.
ex: the offender having no previous criminal record
Absolute Discharge
Despite a guilty verdict, releasing the offender and erasing the criminal record after one year if they are a minor or first-time offender who’s minimum sentence for the penalty is less than 14 years.
Conditional Discharge
Despite a guilty verdict, releasing the offender under certain terms and erasing the criminal record after three years if the terms are met.
Probation
A sentence, either in addition to or in place of a prison sentence, allowing a person to live in society under certain conditions and the supervision of a parole officer.
ex: being asked to stay away from certain people or places
Suspended Sentence
A judgment that is passed but will only be carried out once the offender has met certain conditions set by the judge.
Intermittent Sentence
A prison sentence of less than 90 days, which can be served intermittently during weekends and nights.
^usually given to people who have a steady job or who’s family depends on their income
Conditional Sentence
A sentence of less than two years that can be served in the community rather than in prison.
ex: community service
Electronic Monitering
Allowing an offender to serve their sentence at home under electronic supervision and tracking.
^can also maintain their job
Binding Over
A sentence ordering the defendant to keep the peace with the plaintiff and demonstrate good behaviour for up to 12 months, typically imposed when the defendant continuously threatens the plaintiff or their family.
Deportation
Being expelled from the country, which, in Canada, can happen if you are not a citizen and commit an indictable offence.
Fines
Specific amounts of money paid as a penalty for an offence.
