Lecture 8 Flashcards
1
Q
Sentencing
A
Judicial determination of a legal sanction upon a person convicted of an offence
2
Q
3 types of Canadian courts
A
- Provincial
- Federal
- Military
3
Q
Aboriginal overrepresentation
A
- Refers to disproportionate number of aboriginals involved in the criminal justice system
- 3% Canadian population but 18% of adults admitted into remand
4
Q
Aboriginal courts
A
- Established for special consideration could be given to background factors of aboriginal offenders
- One goal to reduce aboriginal overrepresentation
5
Q
Goals of sentencing
A
- Specific deterrence (already offenders)
- General deterrence (potential offenders)
- Denounce unlawful conduct
- Separate offenders from society
- Assist in rehabilitating offenders
- Provide reparations for harm done
- Promote responsibility in offenders
6
Q
Principles in sentencing
A
- Sentence must be proportionate to gravity of offence
- Sentence must be proportionate to responsibility of offender
- Sentence should not deprive offender of liberty if at all possible
7
Q
Judges must
A
- Consider aggravating and mitigating factors
- Use comparable sentences for similar offenders commiting similar crimes
- Use alternatives to incarcerate if at all possible
8
Q
Sentencing options
A
- Absolute discharge
- Reparation
- Fines
- Community service
- Conditional sentences
- Imprisonment
9
Q
Are sentencing options effective?
A
Research shows that punishment based sentences does not reduce the probability of reoffending
10
Q
Effect of punishment
A
- Community based sanctions resulted in increased recidivism rates
- Incarceration resulted in increased recidivism rates
11
Q
Death penalty
A
- Canada eliminated DP in 1976, 1998 for military offences
- 38 states permit the DP
12
Q
Arguments against the death penalty
A
- Does not act as deterrent
- Expensive
- Biased
- Handed down to the innocent
13
Q
Sentencing disparity
A
Variation in sentencing patterns due to the influence of factors that are not leagally relevant to the case
14
Q
Unwarrented sentencing disparity
A
- Results from reliance on extra-legal factors
- Systemic factors (how lenient judges believe sentence should be)
- Unsystemic factors (mood of judge on particular day)
15
Q
Studying sentencing disparity
A
- Simulation studies
- Official sentencing statistics
- Both methods clearly shows that sentencing disparity exists