Law Definitions (Sentencing) Flashcards
Memorization
What is a conditional release
A discharge from custody into the community under terms and conditions
How can the Charter of Rights and Freedoms help the convicted in sentencing?
The judge can consider Section 12 against cruel and unusual punishment.
When imposing a sentence, what are the 3 main criteria the judge may use?
Time spent in custody awaiting trial, circumstances of convicted person, and the potential for rehabilitation.
Under what circumstances is deterrence not meant to be considered when sentencing?
General deterrence can not be considered for youth cases.
Difference between a conditional discharge and an absolute discharge
An absolute is effective immediately with no conditions and criminal record. While conditional discharge is a release with conditions if met and no criminal charges are laid.
What are some of the conditions for probation
Requires the accused to behave, and must keep the peace. Appear before the court when required. Do whatever the judge orders. Report to a probation officer and abstain from drugs and alcohol
Under what circumstances can a suspended sentence not be given?
If there is a minimum sentence for the offence committed.
What is the difference between a suspended sentence and a conditional sentence?
A suspended sentence means that a sentence may be postponed or cancelled. A conditional sentence carries no minimum sentence. The sentence may be served in the community with conditions.
If Lex were ordered to pay a fine, how many days would he have to pay it and how much could he have to pay
He has up to 14 days, which could be as high as 2000 dollars.
If Black Widow commits 20 acts of assault in a bar brawl and gets 1 year for each, what is her sentence likely to be?
Her sentence will likely be around 2 years because of the principle of totality.
Name 3 forms of restorative justice. Why might these be preferable to victims of crime?
The sentencing circle brings together affected people to help decide on an offender’s punishment. A healing circle resolves conflicts between the offender and the victim. Releasing circles are meetings to plan for the successful return of the offender to the community
Support systems for victims include..?
Sexual assault crisis centres, assistance for all victims of crime, 24-hour helplines and support lines. Victim/witness support programs. Staff can help with the victim impact statement.
Justin bought a pair of Yeezys but the police confiscated them as stolen goods can the judge help him?
The Judge can consider restitution to cover the purchaser’s cost.
What does the victim have the right to know about the accused after the convicted is sentenced
To know the offence for which they are convicted and the length of the sentence, the conditions of the sentence and the penitentiary where the sentence is served
Robin’s mom and dad were killed when a drunk driver collided with them but Robin was severely injured and lost his job. Where can he go for financial help with the funeral costs?
He can apply for the criminal injuries compensation fund to cover the costs.
Magento was convicted and sentenced for fraud. Can he appeal?
He can appeal if there was a legal mistake made during the process but if it was requested for a reason not set in law then it will be dismissed.
If Magneto was sentenced to 5 years where would he serve his time
In a federal penitentiary
What rehabilitation opportunities are available to the inmates in prison
Inmates are assigned to a case-management team, where the group helps with rehab. They can also enroll in educational programs (literary, etc).
If Bruce Banner was imprisoned for assault and his daughter is about to get married, is he allowed a temporary absence?
Yes, since Bruce Banner isn’t classified as a maximum security.
Who is ultimately responsible for setting the parameters of parole?
The National Parole Board is ultimately responsible.
Magento wants to work at the bank but has a criminal record. What can he do?
Magento can apply to the National Parole Board for a pardon or ask the RCMP to remove it after 5 years of the completion of the sentence. If successful his criminal record will be kept separate from others.
What is restitution?
Financial compensation ifa victim experiences a financial loss due toa crime.
What year did Canada abolish the death penalty?
On July 14, 1976
What happens to someone if they commit serious offences but aren’t Canadian?
They can be deported and they can be returned to their country of origin or a different country.
What is probation?
A punishment that allows the offender to live in the community under conditions and supervision
What is a Pre-sentence report?
A document about the accused’s background, used for sentencing
What is a victim impact statement?
A statement made by the victim that describes the effect of the offence on his or her life.
What is a long-term offender (LTO)?
A criminal who repeatedly behaves in a way that could cause serious harm to others and who would likely re-offend
What is a mandatory minimum sentence?
A minimum punishment imposed by law
What is specific deterrence?
It is used to discourage the specific criminal from reoffending
What is general deterrence?
It is used to discourage people in society from committing a particular crime
What is incarceration?
Imprisonment or confinement
What does it mean to rehabilitate?
To help an offender successfully reintegrate back into society.
What is recidivism
The act of recommitting crimes
What are reparations
Repayment for harm done to victims and the community
What are mitigating circumstances?
Factors that demonstrate the punishment should be less severe
What are Aggravating circumstances?
Factors that demonstrate the punishment should be more severe
What is the diversion program?
A sentence that keeps offenders out of prison
What is suspension
A sentence that removes a privilege, such as driving
What is a peace bond
A court order requiring a person to keep the peace
What is compensation
Something given to make amends for a loss
What is a community service order
A sentence that requires the offender to do specific work in the community under supervision.
What is a fine option program
Credit for doing community work instead of paying a fine.
What is a concurrent sentence
A penalty for 2 or more offences, served at the same time.
What is a consecutive sentence
A penalty for 2 or more offences, served one after the other.
What is an intermittent sentence
A jail term of 90 days or less that is served on weekends or at night.
What is the principle of totality
The rule of looking at all the circumstances to ensure that a fair sentence is given.
What is a dangerous offender
An offender deemed to be a serious risk to public safety due to repetitive behaviours.
What is an indeterminate sentence
A prison sentence without a fixed end date
What is capital punishment
The death penalty
What is an ombudsman
A government official appointed to hear and investigate complaints made against the government
What is an appellant
The party who requests an appeal (review) in a higher court
What is a respondent
In an appeal, the party who opposes the action sought by the appellant
What are correctional services
Government agencies responsible for offenders
What is closed custody
The most secure form of detention in prison, which is under constant guard
What is open custody
Detention that is supervised and allows some supervised access to the community
What is parole
The release of an inmate into the community before the full sentence is served
What is day parole
The temporary release from custody of an offender under specific conditions
What is statutory release
An inmate released from an institution as required by law.
What is full parole
An offender’s complete release from custody into the community under specific conditions and supervision.
What is the faint hope clause
Reconsideration of parole eligibility for an offender sentenced to at least 15 years in prison
What is an accelerated review
A parole board review of an offender’s eligibility after 1/3 of the sentence has been served.
What is the Royal Prerogative of Mercy?
The right to revoke a fine or prison sentence or issue a pardon
What does pardon mean
Being excused of a crime
What is bonding insurance
The guarantee of the honesty of a person who handles money or other valuables.
