Final Exam (Criminal Law)

Question 1

Sentence

Answer 1

A punishment imposed on an offender.

Question 2

Retribution

Answer 2

Punishment that serves as a form of vengeance for a crime, so the offender faces the consequences of their actions.

ex: a prison sentence

Question 3

Specific Deterrence

Answer 3

Punishment that aims to discourage criminals from reoffending.

ex: receiving a fine

Question 4

General Deterrence

Answer 4

Punishment that aims to discourage members of the public from offending.

Question 5

Rehabilitation

Answer 5

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

Question 6

Recidivism

Answer 6

When an offender returns to committing a crime after their release from prison.

Question 7

Restitution

Answer 7

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

Question 8

Denunciation

Answer 8

Punishment that aims to show condemnation of the offender’s conduct, which has violated society’s values.

Question 9

Pre-Sentence Report

Answer 9

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

Question 10

Psychiatric Assessment

Answer 10

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

Question 11

Victim Impact Statement

Answer 11

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

Question 12

Sentencing Hearing

Answer 12

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.

Question 13

Aggravating Factors

Answer 13

Circumstances or factors of the case that may increase the severity of the sentence.

ex: harsh impact on the victim

Question 14

Mitigating Factors

Answer 14

Circumstances or factors of the case that may decrease the severity of the sentence.

ex: the offender having no previous criminal record

Question 15

Absolute Discharge

Answer 15

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.

Question 16

Conditional Discharge

Answer 16

Despite a guilty verdict, releasing the offender under certain terms and erasing the criminal record after three years if the terms are met.

Question 17

Probation

Answer 17

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

Question 18

Suspended Sentence

Answer 18

A judgment that is passed but will only be carried out once the offender has met certain conditions set by the judge.

Question 19

Intermittent Sentence

Answer 19

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

Question 20

Conditional Sentence

Answer 20

A sentence of less than two years that can be served in the community rather than in prison.

ex: community service

Question 21

Electronic Monitering

Answer 21

Allowing an offender to serve their sentence at home under electronic supervision and tracking.

^can also maintain their job

Question 22

Binding Over

Answer 22

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.

Question 23

Deportation

Answer 23

Being expelled from the country, which, in Canada, can happen if you are not a citizen and commit an indictable offence.

Question 24

Fines

Answer 24

Specific amounts of money paid as a penalty for an offence.

Question 25

Suspension of Privilege

Answer 25

Temporarily or permanently withholding certain privileges from an offender.

ex: getting your licence suspended for driving impaired

Question 26

Plea Bargain

Answer 26

A negotiated deal between the Crown counsel and defence counsel where the accused pleads guilty for a lighter sentence.

Question 27

Incarceration

Answer 27

Imprisonment for a specific length of time.

Question 28

Dangerous Offender

Answer 28

An offender who is considered dangerous to the life, safety, or well-being of others.

Question 29

Indeterminate Sentence

Answer 29

When dangerous offenders are held indefinitely in federal prison.

Question 30

Concurrent Sentence

Answer 30

When several sentences are served at the same time.

ex: two sentences of four years each would result in a four year concurrent sentence

Question 31

Consecutive Sentence

Answer 31

When several sentences are served one after the other.

ex: two sentences of four years each would result in an 8 year consecutive sentence

Question 32

Victim-Offender Mediation

Answer 32

A alternative program designed to find restitution through sessions with a mediator, the victim, and the offender.

Question 33

Family Group Conferencing

Answer 33

A alternative program designed to find restitution through sessions with the victim, the offender, family members, community support groups, police officers, social welfare officials, and lawyers.

Question 34

Victim-Offender Panels

Answer 34

Moderated discussions of victims and offenders linked by a common crime to express their feelings and potentially gain some closure.

Question 35

Victim Impact Panel

Answer 35

Moderated discussions of victims and drunk driving offenders to express their views and feelings.

Question 36

Sentencing Circle

Answer 36

An alternative program where Indigenous offenders are put into a circle with their family, the victim, the victims family, elders, the trial judge, and a police officer. Everybody offers their opinion on what the sentencing should be.

Question 37

Parole

Answer 37

Releasing an inmate for good behaviour before their full sentence is served.

Question 38

Conditional Release

Answer 38

Serving part of the sentence in the community under supervision.

Question 39

Unescorted Temporary Absence

Answer 39

A brief release from custody for personal reasons.

ex: medical issues

Question 40

Work Release

Answer 40

Conditional absence from custody to perform paid or voluntary work.

Question 41

Day Parole

Answer 41

When low-risk offenders can receive an absence from custody during the day only after serving one-sixth of their sentence. They also need to return to a halfway house or another institution during the night.

Question 42

Full Parole

Answer 42

Conditional release from custody after having served a third or half of a sentence.

Question 43

Statutory Release

Answer 43

Release from prison after serving two-thirds of a sentence.

Question 44

Pardon

Answer 44

The setting aside of a person’s record or conviction.

Question 45

Royal Prerogative of Mercy

Answer 45

A release or sentence reduction granted by the Queen.