Key Terms Test 1 (CH 1,8,9, 11 )

Question 1

sentencing process,

Answer 1

which is defined as “the judicial determination of a legal sanction upon a person convicted of an offence”

Question 2

Specific deterrence:

Answer 2

Sentencing to reduce the probability that an offender will reoffend in the future

Question 3

General deterrence:

Answer 3

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

Question 4

Fundamental principle of sentencing:

Answer 4

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

Baccaria

Question 5

Absolute discharge:

Answer 5

The release of an offender into the community with no conditions put in place

Question 6

Conditional discharge:

Answer 6

The release of an offender into the community with conditions put in place

Question 7

Restitution:

Answer 7

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

Question 8

Fine:

Answer 8

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

Question 9

Community service:

Answer 9

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

Question 10

Conditional sentence:

Answer 10

A sentence served in the community

Question 11

Sentencing disparity:

Answer 11

Variations in sentencing severity for similar crimes committed under similar circumstances

Question 12

Unwarranted sentencing disparity:

Answer 12

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

Question 13

Systematic disparity:

Answer 13

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

Question 14

Unsystematic disparity:

Answer 14

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

Question 15

Sentencing guidelines:

Answer 15

Guidelines that are intended to reduce the degree of discretion that judges have when handing down sentence

Question 16

Need principle:

Answer 16

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

Question 17

Responsivity principle:

Answer 17

that correctional interventions

should match the general learning

style of offenders

cognitive-behavioural interventions are likely to be most useful with offenders

Question 18

Parole Board of Canada

Answer 18

organization in Canada responsible

for making parole decisions

Question 19

Parole:

Answer 19

The release of offenders

from prison into the community

before their sentence term is

Complete

Question 20

Temporary absence:

Answer 20

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)

Question 21

Day parole:

Answer 21

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)

Question 22

Full parole:

Answer 22

A form of parole that

allows the offender to serve the

remainder of his or her sentence

under supervision in the

Community

Question 23

Statutory release:

Answer 23

The release of

offenders from prison after they

have served two-thirds of their

Sentence

Question 24

allocution

Answer 24

are you aware of what you are pleading? what the consequences are?

Question 25

fitness standard bill before 92

Answer 25

Understand nature or object of proceedings

Understand possible consequences of the proceedings

Communicate all facts that are his or her “best interests” with counsel

Question 26

Fitness Standard after 92

Answer 26

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

Question 27

Actus Reus:

Answer 27

wrongful deed

Question 28

Mens Rea:

Answer 28

criminal intent (could have opened a door and kiled them by mistake)

Question 29

Insanity:

Answer 29

Impairment of mental or emotional functioning that affects perceptions, beliefs, and motivations at the time of the offence

Question 30

how many cases will plead insanity

Answer 30

2%

only 25% of thise will succeed

if you plead insanity you are giving up your due process model

Question 31

Review boards:

Answer 31

Legal bodies mandated to oversee the care and disposition of defendants found unfit and/or not criminally responsible on account of a mental disorder

Question 32

“not criminally responsible on account of mental disorder” (NCRMD) definition

Answer 32

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

Question 33

two situations in which the Crown may raise insanity

Answer 33

• 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

Question 34

Insanity defence requires a

Answer 34

psychiatric assessment

Question 35

Three dispositions can be made for NCRMD

Answer 35

Absolute discharge

Conditional discharge

Psychiatric facility

Question 36

when considering disposition (ruling) of NCRMD 4 factors

Not Criminally Responsible on Account of Mental Disorder

Answer 36

Public safety

Mental state of the defendant

Reintegration of defendant into society

Other needs of the defendant

Question 37

Guilty but Mentally Ill Verdict (USA)

Answer 37

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

Question 38

Automatism:

Answer 38

unconscious, involuntary behaviour; the person committing the act is not aware of what they are doing

Question 39

Insane automatism results in an

Answer 39

NCRMD verdict and may result in defendant being sent to mental health facility

Question 40

Noninsane automatism results in

Answer 40

a not guilty verdict

Question 42

General acceptance test:

Answer 42

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

Question 43

retroactive memory falsification caused by

Answer 43

extensive pretrial press coverage could influence the testimony of people by causing what Binet called

Question 44

capping, which refers to

Answer 44

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.

Question 45

Community treatment order:

Answer 45

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

Question 46

Diversion:

Answer 46

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.

Question 47

mental health courts

Answer 47

attempt to redirect those with mental health needs back into the mental health care system rather than the criminal justice system

Question 48

Psychopathy:

Answer 48

A personality

disorder defined by a collection of

interpersonal, affective, and

behavioural characteristics,

including manipulation, lack of

remorse or empathy, impulsivity,

and antisocial behaviours

Question 49

When psychopaths persist in criminal activity, the DSM-V classifies them as

Answer 49

Antisocial Personality Disorder

Question 50

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

Answer 50

1

5

30

Question 51

Brain deficits in psychopath

Answer 51

Evidence suggests brain deficits in the Orbitofrontal Cortex, the Anterior Cingulate Cortex, and the Amygdala

Question 52

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”

Answer 52

kulangeta

Question 53

Psychopathic PersonalityInventory–Revised:

Answer 53

A self-report

measure of psychopathic traits

Question 54

Antisocial personalitydisorder:

Answer 54

A personality disorder

characterized by a history of

behaviour in which the rights of

others are violated

Question 55

Sociopathy:

Answer 55

A label used to

describe a person whose

psychopathic traits are assumed to

be due to environmental factors

Question 56

Adversarial allegiance:

Answer 56

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

Question 57

Antisocial Process ScreeningDevice:

Answer 57

Observer rating scale to

assess psychopathic traits in

children

Question 58

Hare Psychopathy Checklist:

Answer 58

Youth Version: Scale designed to

measure psychopathic traits in

adolescents

Question 59

Response Modulation Deficit

Theory (psychopath)

Answer 59

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