L:7 Sentences and Dispositions

Question 1

Specific Deterrence vs General Deterrence

Answer 1

Specific = focuses on the individual
General = focuses on broader society

Question 2

Selective Incapacitation

Answer 2

• need to focus on chronic offenders in order to reduce crime

Question 3

Rehabilitation

Answer 3

• treating offenders to help them live crime-free lives
  -focused on future reform

Question 4

Justice Model

Answer 4

• The punishment needs to be proportional to the crime
• not concerned with the crime rate
• focus on past behaviour not trying to predict future behaviour

Question 5

Healing is…

Answer 5

-the objective of justice
- part of sentencing circles
- it’s multifaceted

Question 6

Restoration looks to….

Answer 6

repair harm

Question 7

Restoration has 4 elements:

Answer 7

1. Parsimony- justify sentences
2. Control - of power
3. Reprobation - position of community disapproval
4. Reintegration - back into society

Question 8

Judicial sentences

Answer 8

• not arbitrary

Question 9

Aggravating circumstances

Answer 9

• justifies a harsher sentence

Question 10

Mitigating circumstances

Answer 10

• justifies a lighter sentence

Question 11

Examples of Mitigating Circumstances:

Answer 11

• first-time offender
• employment record
• guilty plea/ remorse

Question 12

What factors are considered in sentencing decisions?

Question 13

What do judges have discretion on?

Question 14

T/F: most offenses have maximum sentences, few have mandatory sentences

Answer 14

True

Question 15

Mandatory minium sentence

Question 16

Determinate sentence

Answer 16

a period of incarceration fixed by the legislature that cannot be reduced by a judge or correctional officials

Question 17

Sentencing Circles

Answer 17

a group of elders participate with a judge in the sentencing process, in an attempt to heal the accused, the victim and the community

Question 18

Where do sentencing circles root from?

Answer 18

• traditional Indigenous community justice
• western legal system

Question 19

What type of offences go to sentencing circles?

Answer 19

normal minor crimes like property crime

Question 20

When are sentencing circles invalid?

Answer 20

• serious violent crime
• the accused isn’t motivated to participate
• the community is not ready to participate

Question 21

Benefits of sentencing circles include:

Answer 21

• victims involved in the process
• the more constructive environment is created
• focus on the CJS is extended

Question 22

Sentencing Options

Answer 22

-imprisonment
-intermittent Sentences
-fines
-restitution and community service
-probhation

Question 23

What is an intermittent sentence?

Answer 23

• on weekends
• limited to 90 days

Question 24

Conditional vs Absoulute Discharge

Answer 24

Conditional= discharged with conditions, supervised as if on probation
Absolute =no supervision required

Question 25

What is a conditional sentence?

Answer 25

• more serious than probation, less serious than imprisonment
• when your prison sentence is suspended

Question 26

Wrongful Convictions

Question 27

Eyewitness Error

Question 28

Whats viewed as the main cause of wrongful convictions?

Answer 28

• eyewitness error

Question 29

Victim impact statement

Question 30

Examples of Aggravating Circumstances:

Answer 30

-previous convictions
-planning and organizing
- use threatened use of weapon

Question 31

What is considered a forensic error?

Answer 31

submission of faulty evidence