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
