Lesson 8

Question 1

Sentencing disparity

Answer 1

refers to differences in sentences-either sentence length or type – between offenders convicted of similar offences

Question 2

The fundamental purpose of sentencing is to contribute, along with crime prevention activities, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

Answer 2

1. To denounce unlawful conduct
2. To deter the offender and other persons from committing offences
3. To separate offenders from society, where necessary
4. To assist in rehabilitating offenders
5. To provide reparations for harm done to victims or to the community; and
6. To promote a sense of responsibility in offenders, and acknowledgement of the harm done to victims and to the community.

Question 3

Utilitarian goals

Answer 3

1. General deterrence
2. Specific Deterrence
3. Rehabilitation
4. incapacitation

Question 4

Retributive goals

Answer 4

1. denunciation

2. retribution

Question 5

Restorative goals

Answer 5

1. reparations
2. promote a sense of responsibility
3. Acknowledgment of harm done to victims and community

Question 6

Utilitarian sentencing goalsfocus on

Answer 6

altering the future conduct of an offender.

Question 7

General deterrencerefers to

Answer 7

punishments that are designed to discourage like-minded offenders from committing a similar offence in the future.

Question 8

specific deterrencerefers to

Answer 8

punishments that are designed to discourage an individual from committing another crime in the future.

Question 9

Retributive sentencing goalsfocus on

Answer 9

the past – They attempt to assign a level of moral blame to the offender and reflect society’s intolerance of their transgressions.

Question 10

Restorative sentencing goalsare rooted in

Answer 10

indigenous views and are focused on regaining a balance in the community and a restoration of relationships that previously existed and were disrupted by the criminal transgression.

Question 11

concurrent sentence

Answer 11

refers to sentences that are amalgamated and served at the same time

Question 12

consecutive sentencerefers to

Answer 12

sentences that run separately and are completed on after another

Question 13

intermittent sentenceis

Answer 13

a sentence that is served on a part-time basis, typically on weekends

Question 14

Absolute charge

Answer 14

The offender is found guilty but is not technically convicted and is set free with no criminal record
- no conditions on cr for one year

Question 15

Conditional Discharge

Answer 15

The offender is found guilty and released on the condition that he or she comply with the conditions of a probation order. If the offender violates the conditions of the probation order they may be returned to court and sentenced on the original charge.

Question 16

Suspended sentence

Answer 16

The offender is convicted of the offence, but the imposition of the sentence is suspended contingent on the successful completion of probation.

Question 17

Fine

Answer 17

The offender must pay a specific amount of money within a specified time or face the prospect of

Question 18

probation

Answer 18

The offender is placed under supervision in the community for a specified time under general conditions as well as potential specific conditions.

Question 19

conditional sentence

Answer 19

The offender receives a term of confinement and is allowed to serve it in the community under the supervision of a probation officer with specific conditions

Question 20

imprisonment

Answer 20

The offender is sentenced to a period of confinement

Question 21

conditional charge stays on criminal record for

Answer 21

3 years

Question 22

Suspended sentence : criminal record

Answer 22

apply pardon

Question 23

one of the major goals of Bill C-41 was to ___

Answer 23

reduce incarceration rates

Question 24

theconditional sentence of imprisonmentis for offenders who

Answer 24

receive a sentence or sentences totalling less than two years.

Question 25

Net-wideningrefers to

Answer 25

a situation in which an offender is subject to a more intrusive punishment than what they would normally receive for a similar offence

Question 26

Sword of Damocles

Answer 26

moral anecdote refers to the constant peril of breaching conditions and subsequent imprisonment that offenders may face when they receive a conditional sentence

Question 27

Aggravating factors

Answer 27

are elements of the offence or the offender’s background that could result in a harsher sentence.
-Offence seriousness and criminal history are the two most common predictors of sentencing outcomes.

Question 28

Mitigating factorsare

Answer 28

elements of an offender or an offender’s background that could result in a lesser sentence. Common mitigating factors include a guilty plea, rehabilitative efforts while awaiting sentencing, and indicators of a disadvantage backgrounds

Question 29

Apre-sentence report (PSR)

Answer 29

is prepared by a probation officer at the request of the sentencing judge and presents information on the offender’s background, present situation, and risk or needs.

Question 30

Avictim impact statement

Answer 30

is “a written statement that describes the harm or loss suffered by the victim of an offence. The court considers the statement when the offender is sentenced” (Department of Justice, n.d.).

Question 31

Judicial characteristics

Answer 31

can include value orientations about the functions of punishment or attributions about the causes of crime

Question 32

in extraordinary cases where an offender is deemed to pose a high risk to public safety, the Criminal Code does contain two special sentencing options –

Answer 32

the Dangerous Offender and Long-Term Offender provisions.

Question 33

Dangerous Offender(DO)

Answer 33

provisions in Section 752 of the Criminal Code allow a sentencing judge to designate an offender a dangerous offender.

Question 34

Aserious personal injury offenceis an indictable offence involving either

Answer 34

i. the use or attempted use of violence against another person
ii. conduct endangering or likely to endanger the life or safety of another person or likely to inflict severe psychological damage on another person and for which the offender may be sentenced to imprisonment for ten years or more

Question 35

there must be evidence of a past pattern of persistent, aggressive behaviour and/or failure to control sexual impulses. meaning;

Answer 35

i. in the DO application process, the assessment of the offender’s past and ability to control behavioral impulses is used to determine his or her future conduct; that is, the court is being asked to determine what the future likelihood is of the offender committing a violent offence.
ii. Expert testimony is required by the Criminal Code. At least two psychiatrists must assess the offender and testify in court.

Question 36

The National Parole Board can review the indeterminate sentence ____ years after the initial DO designation is applied and then every ___ years thereafter.

Answer 36

seven

two

Question 37

TheLong-Term Offender(LTO)

Answer 37

designation requires an offender to spend up to 10 years under supervision following the expiry of their sentence.

Question 38

the Long-Term Offender designation is made by a _______ while a long-term supervision order is administered by the ______________following the expiry of the offender’s sentence.

Answer 38

sentencing judge

National Parole Board

Question 39

Overrepresentation

Answer 39

refers to the phenomenon where a group in a population is over-represented in a category relative their proportion of the overall general population.

Question 40

Principle of restraint (in sentencing)

Answer 40

Ensures that the sentence that is imposed is a just and appropriate punishment, and nothing more.

Question 41

Judicial Determination

Answer 41

An order by the sentencing judge that the offender serve one-half of their sentence before being eligible to apply for parole.

Question 42

Case law precedent

Answer 42

Judges will consider sentencing decisions in previous, similar cases. A general principle is that there should be similar sentences in similar cases.

Question 43

Pre-sentence reports (PSRs)

Answer 43

The PSR, prepared by probation officers, presents information on the offender’s background, present situation, and risk/needs. It also sets out options for sentencing that the judge will consider.

Question 44

Black offenders

Answer 44

Defence lawyers are increasingly asking for cultural assessments to be prepared on black offenders prior to sentencing`

Question 45

Long-term offender

Answer 45

A designation under section 752 or 753 of the Criminal Code that requires the offender to spend up to 10 years under supervision following the expiry of his or her sentence.

Question 46

Gladue report

Answer 46

A report prepared prior to sentencing of Indigenous offenders which sets out historical events and that may be related to the offender’s conflict with the law and criminal behaviour.

Question 47

Gladue decision

Answer 47

A decision by the SCC which held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of Indigenous people.