Key Terms Test 1 (CH 1,8,9, 11 ) Flashcards
sentencing process,
which is defined as “the judicial determination of a legal sanction upon a person convicted of an offence”
Specific deterrence:
Sentencing to reduce the probability that an offender will reoffend in the future
General deterrence:
Sentencing to reduce the probability that members of the general public will offend in the future
Fundamental principle of sentencing:
The belief that sentences should be proportionate to the gravity of the offence and the degree of responsibility of the offender
Baccaria
Absolute discharge:
The release of an offender into the community with no conditions put in place
Conditional discharge:
The release of an offender into the community with conditions put in place
Restitution:
A sentence where the offender has to make a monetary payment to the victim or the community
Fine:
A sentence where the offender has to make a monetary payment to the courts
Community service:
A sentence that involves the offender performing a duty in the community, often as a way of paying off a fine
Conditional sentence:
A sentence served in the community
Sentencing disparity:
Variations in sentencing severity for similar crimes committed under similar circumstances
Unwarranted sentencing disparity:
Variations in sentencing severity for similar crimes committed under similar circumstances that result from reliance by the judge on legally irrelevant factors
Systematic disparity:
Consistent disagreement among judges about sentencing decisions because of factors such as how lenient judges think sentences should be
Unsystematic disparity:
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
Sentencing guidelines:
Guidelines that are intended to reduce the degree of discretion that judges have when handing down sentence
Need principle:
Principle that correctional interventions should target known criminogenic needs
(i.e., factors that relate to reoffending)
for eg:
Low risk people when incarcerated are more likely to reoffend because they are exposed to criminals
Responsivity principle:
that correctional interventions
should match the general learning
style of offenders
cognitive-behavioural interventions are likely to be most useful with offenders
Parole Board of Canada
organization in Canada responsible
for making parole decisions
Parole:
The release of offenders
from prison into the community
before their sentence term is
Complete
Temporary absence:
A form of
parole that allows the offender to
enter the community on a
temporary basis (e.g., for the
purpose of attending correctional
programs)
Day parole:
A form of parole that
allows the offender to enter the
community for up to one day (e.g.,
for the purpose of holding down a
job)
Full parole:
A form of parole that
allows the offender to serve the
remainder of his or her sentence
under supervision in the
Community
Statutory release:
The release of
offenders from prison after they
have served two-thirds of their
Sentence
allocution
are you aware of what you are pleading? what the consequences are?
fitness standard bill before 92
Understand nature or object of proceedings
Understand possible consequences of the proceedings
Communicate all facts that are his or her “best interests” with counsel
Fitness Standard after 92
Ability to understand the actus rea
Ability to understand consequences of plea (due process denied)
Ability to demonstrate plea was not coerced
Best interest rule was omitted in this version
Actus Reus:
wrongful deed
Mens Rea:
criminal intent (could have opened a door and kiled them by mistake)
Insanity:
Impairment of mental or emotional functioning that affects perceptions, beliefs, and motivations at the time of the offence
how many cases will plead insanity
2%
only 25% of thise will succeed
if you plead insanity you are giving up your due process model
Review boards:
Legal bodies mandated to oversee the care and disposition of defendants found unfit and/or not criminally responsible on account of a mental disorder
“not criminally responsible on account of mental disorder” (NCRMD) definition
not criminally responsible for an act committed or omited while suffering from a mental disorder that rendered the person incapable of appreciating the nature or quality of the act or omission or of knowing it was wrong
two situations in which the Crown may raise insanity
- Following a guilty verdict - they want to make sure they understand that they are accused
- If the defense states the defendant has a mental illness
Insanity defence requires a
psychiatric assessment
Three dispositions can be made for NCRMD
Absolute discharge
Conditional discharge
Psychiatric facility
when considering disposition (ruling) of NCRMD 4 factors
Not Criminally Responsible on Account of Mental Disorder
Public safety
Mental state of the defendant
Reintegration of defendant into society
Other needs of the defendant
Guilty but Mentally Ill Verdict (USA)
A person found to be sane but controlled by a behavioural disorder that led to the criminal act (eg. Abused spousal syndrome) can be found to be GBMI
Automatism:
unconscious, involuntary behaviour; the person committing the act is not aware of what they are doing
Insane automatism results in an
NCRMD verdict and may result in defendant being sent to mental health facility
Noninsane automatism results in
a not guilty verdict
General acceptance test:
A standard for accepting expert testimony, which states that expert testimony will be admissible in court if the basis of the testimony is generally accepted within the relevant scientific community
retroactive memory falsification caused by
extensive pretrial press coverage could influence the testimony of people by causing what Binet called
capping, which refers to
the maximum period of time a person with a mental illness can be affected by his or her disposition.
For example, the disposition period for a defendant with a mental illness who committed
a violent offence is ten years, the same length of time as the prison term. Once
the cap is reached, the defendant may be released without restrictions. However, if
the defendant is still perceived to be dangerous, he or she could be involuntarily
committed to a secure hospital.
Community treatment order:
Sentence that allows the mentally ill offender to live in the community, with the stipulation that the person will agree to treatment or detention in the event that his or her condition deteriorates
Diversion:
A decision not to prosecute, but rather have an offender undergo an educational or community-service program. Also an option for the courts dealing with offenders with mental illnesses who are facing minor charges.
mental health courts
attempt to redirect those with mental health needs back into the mental health care system rather than the criminal justice system
Psychopathy:
A personality
disorder defined by a collection of
interpersonal, affective, and
behavioural characteristics,
including manipulation, lack of
remorse or empathy, impulsivity,
and antisocial behaviours
When psychopaths persist in criminal activity, the DSM-V classifies them as
Antisocial Personality Disorder
Evidence suggests that psychopathy occurs at a rate of about -% of the general population
The rate for males tends to be at about - times greater than females
Few psychopaths actually commit crime
However, about -% of all violent crime is committed by those few psychopaths who resort to crime
1
5
30
Brain deficits in psychopath
Evidence suggests brain deficits in the Orbitofrontal Cortex, the Anterior Cingulate Cortex, and the Amygdala
Inuit in Alaska use the term — to described an individual who “repeatedly
lies and cheats and steals things and does not go hunting and, when the other men are
out of the village, takes sexual advantage of many women—someone who does not
pay attention to reprimands and who is always being brought to the elders for punishment”
kulangeta
Psychopathic PersonalityInventory–Revised:
A self-report
measure of psychopathic traits
Antisocial personalitydisorder:
A personality disorder
characterized by a history of
behaviour in which the rights of
others are violated
Sociopathy:
A label used to
describe a person whose
psychopathic traits are assumed to
be due to environmental factors
Adversarial allegiance:
The
tendency for forensic experts to be
biased toward the side (defence or
prosecution) that hired them
Researchers have found that PCL-R (psychopath assessment) scores provided by prosecution experts are higher
compared to those provided by defence experts
Antisocial Process ScreeningDevice:
Observer rating scale to
assess psychopathic traits in
children
Hare Psychopathy Checklist:
Youth Version: Scale designed to
measure psychopathic traits in
adolescents
Response Modulation Deficit
Theory (psychopath)
they don’t learn from punishment - keep doing the same things over and over until they find other ways of getting what they want
In other words, if psychopaths
are engaging in specific rewarded behaviour, they will not pay
attention to other information that might inhibit their behaviour.
This theory has been used to explain why psychopaths fail
to learn to avoid punishment (i.e., have poor passive avoidance
