Law 12 Chapter 9 Flashcards
Absolute discharge
A sentence in which while the offender is found guilty, no conviction is recorded and the offender is free to go with out any convictions
Accelerated review
An early consideration (review) by the parole board of an offender’s eligibility (eg once 1/3 of sentence is served); allowed only if Meeting certain conditions
Appellant
The party who request an appeal in criminal court either the defence or crown
Binding-over
.
Bonding
Form of insurance guaranteeing the honesty of the person handling money or valuables
Capital punishment
death penalty
Community service order
Sentencing where community service is involved
Compensation
To make up for a loss (eg damages to an injured plaintiff) also known as restitution - in crim court - sentencing objective
Concurrent sentences
Penalty (sentence) for Crimean which penalties for two or more offences are served at the same time
Conditional discharge
Sentence where the offender is guilty no conviction is recorded and the offender is free to go but must meet certain expectations (eg probation) to avoid a record and new sentence
Consecutive sentence
Penalty where two or more offences are served one after the other
Correctional services
To serve time in prison
Dangerous offender
Person who meets criteria of being a threat to public and is given an indeterminate sentence
Day parole
An offender’s release from custody during the day under conditions (at institution or halfway house)
Deportation
Forced/thrown out of the country and sent back to original place
Deterrence
encourages or prevents a person from doing something
Diversion programs
sentences that keep offenders out of prison (probation, suspended sentence)
Escorted absence
inmates’ authorized times away form custody (medical treatment & programs)
Factum
a document that summarizes each party’s point of view.
Fine option program
alternative to paying a fine through community work
Free pardon
cancellation of punishment b/c they are not considered to have done the crime
Full parole
complete release from custody into the community under supervision and certain conditions
Incarceration
imprisonment/confinement
Indeterminate sentence
sentence usually given to dangerous offenders - no fixed release person is reviewed to see if they can go back to society
Information
written complaint under oath a reason that a person committed an offence
intermittent sentence
sentence to be served only on weekends or at night - allows the offender to keep a job (only valid for sentences less than 90 days)
Ordinary pardon
cancellation of a punishment - still convicted but is forgiven by crown and released
Parole
full parole or day parole (supervision w/certain restrictions)
Parolee
Person that is serving parole
Penology
person who studies jail and its effects on a person
Pre-sentence report
prepared for the court - sets out his/her background
principle of totality
rule or concept of looking at the whole when a person has committed several crimes (one big sentence instead of long prison term)
probation
sentence that allows the offender temporary freedom as opposed to imprisonment
probation order
order by the court to allow a person to live in a community under supervision
Recidivism
repeat offenders return to prison
rehabilitation
to help the person through drug addiction using programs instead of imprisonment (sentencing objective)
Resocialization
reintroducing an offender into human society
Respondent
party who opposes the appeal requested by the other party
restitution
to be re-payed (to reimburse)
retribution
to be revenged (eye for an eye)
Royal Prerogative of Mercy
right of the governor general to alter a sentence imposed on a convicted person or cabnet’s right
Segregation
to be blocked out from society as to protect it also keeping inmates away from each other
Statutory release
an inmate’s release as required by law after 2/3 is served (except for certain offences)
suspended sentence
delayed or held off sentence due to circumstances (judge doesn’t decide on penalty)
suspended
take away a privilege (eg driving)
temporary absence
no showing up for a short amount of time
trial de novo
to appeal a sentence to get a new trial
unescorted absence
leaving without letting people know
victim impact statement
declaration from victim describing the effects of the offences on their life (consideration for judge during sentencing)
