Midterm 3

Question 1

what is the pennsylvania model (for prisons)

Answer 1

a separate and silent system in which prisoners were completely isolated from one another, eating, working, and sleeping in separate cells

Question 2

what is the Auburn model (for prisons)

Answer 2

a system that allowed prisoners to work and eat together during the day and housed in individual cells at night

Question 3

which prison model were most prisons patterned after in the US and Canada

Answer 3

the auburn prison model

Question 4

def. of moral architecture

Answer 4

the term used to describe the design of the first penitentiary in Canada (in Kingston Ontario) the intent of which was to reflect themes of order and morality

Question 5

what did the first penitentiary in Canada want to address and how did they go about doing that (what was the reformation process like)

Answer 5

wanted to address the underlying causes of crime: intemperance, laziness, and a lack of moral values. Focused on hard labour and religion. enforced a silent system. breaches of prison regulations brought swift and harsh punishment (flogging, leg irons, solitary confinement, and rations of bread and water)

Question 6

What was the Brown Commission

Answer 6

a Royal commission that investigated into the operation of the Kingston Penitentiary (because the conditions were so bad) that condemned the use of corporal punishment against inmates and emphasized the need for rehabilitation.

Question 7

t/f- prisoners of local jails and provincial institutions in around the late 1800s had to pay for their meals, liquor, rent, and at release a jailer’s service fee

Answer 7

true

Question 8

what shifted in the treatment model of corrections after ww2

Answer 8

fed. prison system introduced vocational training, education, and therapeutic intervention techniques (group counselling and individual therapy)

Question 9

what decade was the height of the treatment model and Canadian corrections, what happened in the 20th/21st century

Answer 9

the decade of the 1960s, but by the late 20th and 21st centuries there was a shift to a more conservative model due in part to the political agenda of the then federal conservative government

Question 10

What is Correctional Service Canada (CSC)

Answer 10

a Canadian public safety agency that operates the federal system of corrections, it’s responsible for offenders who receive a sentence of 2+ years. It has five regions and operates a variety of facilities such as federal penitentiaries, halfway houses, healing lodges and treatment centres for Indigenous offenders, community parole offices, psychiatric hospitals, reception and assessment centres, health care centres, palliative care units, and an addiction research centre.

Question 11

what % of convicted offenders receive sentences that place them under the jurisdiction of provincial/territorial correctional authorities

Answer 11

96%

Question 12

t/f- it is not provincial/territorial governments that operate correctional facilities, remand centres, and specialized institutions for offenders with severe mental health issues

Answer 12

false- these ARE ran by provincial/territorial govs.

Question 13

what type of sentence are most adult offenders on and what %

Answer 13

80% are on probation or serving conditional sentences

Question 14

what 3 provinces/territories have the highest incarceration rates in Canada

Answer 14

Northwest territories, Yukon, and Nunavut

Question 15

t/f- Nunavut and NorthWest Territories have higher rates of incarceration than Russia and South Africa

Answer 15

true

Question 16

t/f- Although more offenders are held in provincial and territorial institutions, the time spent in confinement is short

Answer 16

true

Question 17

what are minimum-security institutions

Answer 17

federal correctional facilities that generally have no perimeter fencing and allow unrestricted inmate movement except at night

Question 18

what are medium-security institutions

Answer 18

federal correctional facilities which are surrounded by high-security perimeter fencing with some restrictions on inmate movement

Question 19

what are maximum-security institutions

Answer 19

federal correctional institutions which have highly controlled environments, high-security perimeter fencing, and an environ- ment in which inmates’ movements are strictly controlled and constantly monitored by video surveillance cameras.

Question 20

What is the Special Handling Unit (SHU)

Answer 20

a high-security institution for inmates who present such a high level of risk to staff and other inmates that they cannot be housed in maximum-security facilities.

Question 21

What are the regional health centres that are operated by the CSC

Answer 21

These facilities house violent offenders and offer treatment programs that focus on violence and anger management.

Question 22

what is static security

Answer 22

Fixed security apparatus in correctional institutions, including fixed security posts wherein correctional officers
are assigned to and remain in specific areas, such as a control room or perimeter patrol.

Question 23

what is dynamic security

Answer 23

A variety of ongoing, meaningful interactions between staff and inmates. It includes working with and speaking with inmates, making suggestions, providing information, and-in general- being proactive.

Question 24

what kind of correctional institution ‘personnel’ has overall responsibility for the operation of the institution

Answer 24

the warden

Question 25

what kind of correctional institution ‘personnel’ are responsible for overseeing various areas of the prison

Answer 25

senior managers, such as the deputy warden

Question 26

what kind of challenges do Wardens in charge of correctional institutions have to address (4)

Answer 26

• meeting the requirements of legislation and policy,
• being accountable for their decisions,
• being aware of the requirements of the rule of law (treating inmates in a way that protects their fundamental rights),
• duty to act fairly when managing offenders

Question 27

def. of rule of law

Answer 27

the requirement that governments, as well as individuals, be subjected to and abide by the law

Question 28

what is the duty to act fairly

Answer 28

the obligation of correctional authorities to ensure that offenders are treated fairly by corrections personnel

Question 29

what is the problem with prisons being ‘total institutions’

Answer 29

it may prevent inmates from developing the skills to function independently once released into the community

Question 30

def. of continuum of correctional institutions

Answer 30

the difference in institutional environments among correctional institutions located at either end of the security spectrum- maximum to minimum.

Question 31

what is the “split personality” of corrections

Answer 31

prisons must pursue conflicting goals- protection of society, and preparing offenders for release

Question 32

What issue is illustrated by the legislation that was passed by the federal Conservative government (2006-15), including the introduction of more mandatory minimum sentences (many
of which have since been ruled unconstitutional by the courts).

Answer 32

Politicians, provincial legislatures, and the federal government exercise considerable controls over how correctional institutions are operated, the goals they are asked to pursue, and the resources that are made available to corrections personnel

Question 33

what was Her Majesty’s Penitentiary in St. John’s Newfoundland described as

Answer 33

a “tinderbox” with overcrowding, lack of programs, and understaffed conditions

Question 34

t/f- the physical condition of a correctional facility has no impact on the dynamics

Answer 34

false- it can have a significant impact on the dynamics that develop among inmates and between inmates and staff, and can cause higher rates of serious violence

Question 35

what kind of problems are found among inmates

Answer 35

high rates of alcohol and drug problems, communicable diseases (HIV/AIDS, tuberculosis, Hep. B and C), unstable work histories, and many have a variety of treatment needs (over 90% require substance abuse treatment, and nearly 90% in fed. custody have treatment needs in the personal/emotional domain)

Question 36

what were the trends of increasing diversity in the overall federal inmate pop. from 2005-2015 and what do these growing numbers suggest

Answer 36

• 14% diversity increase
• 77.4% increase in number of incarcerated women
• 52.4% increase in incarcerated Indigenous pop.
• 77.5% increase in Black pop.
• suggests the need to understand why these groups are being more prone to becoming involved in the CJS and to being incarcerated

Question 37

why do women offenders present unique challenges for systems of corrections (requires development of gender specific programs and interventions)

Answer 37

may have suffered sexual and physical abuse, may be responsible for children or stepchildren, the pains of imprisonment may be much more severe for women than men, many are housed in facilities far from their home communities, 3/4 are mothers to children under 18 and at the time of the arrest almost all were single caregivers, strong impact on women who have experienced physical and emotional abuse

Question 38

t/f- women inmates are more likely than males to verbally and/or physically assault correctional staff

Answer 38

false- women are far less likely

Question 39

what are some of the challenges that many Indigenous offenders have lived that present unique challenges in a correctional stand-point, as highlighted in the profile of Indigenous offenders (316) enrolled in the Aboriginal Offender Substance Abuse Program in a federal correctional institution (6)

Answer 39

• 1/2 had been in care of the child welfare system
• 61% had family members who had spent time in prison
• family (73%) or personal (18%) history of involvement in the residential school system
• 96% said substance abuse was related to their current offence, 85% were under the influence at the time of their offence
• 88% had a family member struggling with addiction
• nearly 1/3 said they were first introduced to Indigenous cultural teachings in prison

Question 40

what % of inmates in federal institutions are Indigenous vs. what % in the general pop., and what % of women in federal custody are Indigenous

Answer 40

25% of federal inmates vs. only 4.3% of the general pop., 36% of all women in federal custody

Question 41

What are common characteristics of special inmate populations (3)

Answer 41

• homeless or under-housed prior to incarceration;
• lengthy criminal backgrounds;
• high treatment needs- addiction, mental impairment or other affliction such as FASD

Question 42

Why has the Baffin Regional Correctional Centre been refferred to as a “homeless shelter”

Answer 42

because of holding inmates who didn’t have access to alternative services when they were in the community

Question 43

what is the challenge of special inmate populates ON the correctional facilities

Answer 43

they have needs and present risks that place significant demands on systems of corrections, in particular provincial/territorial institutions that tend to have fewer resources than their federal counterparts and must attempt to respond in a highly compressed timeframe

Question 44

t/f- Saskatchewan correctional facilities are operating at twice their capacities

Answer 44

true

Question 45

t/f- in 2016 it was reported that the Ottawa/Carleton Detention Centre was so overcrowded that some inmates were forced to sleep in the showers

Answer 45

true

Question 46

what factors cause overcrowding in correctional institutions (7)

Answer 46

• increasing number of offenders in remand (due in part to delays in the criminal court process)
• changes in legislation
• minimum mandatory sentences
• inmates remaining in custody longer due to parole board decisions
• the decision of offenders not to apply for release at their eligibility date
• absence of new facilities
• poor strategic planning

Question 47

what is the result of overcrowding in correctional institutions (5)

Answer 47

shifts focus to managing prison populations rather than rehabilitation, limits inmate access to programs and many offenders lave the institution without completing a full course of treatment, double-bunking (which violates the UN minimal standards for prisoners), heightens tensions among inmates and between inmates and correctional officers, increase in lockdowns

Question 48

what factors may influence the level of order or disorder in an institution (5)

Answer 48

overcrowding, composition of inmate population, behaviour of the COs, prison’s physical design, management style of prison administrators

Question 49

Who may be put in administrative segregation for protection (protective custody)

Answer 49

inmates who have “snitched out” or testified against other inmates, inmates who have drug debts or other outstanding obligations, and inmates convicted of sexual offences

Question 50

Canadian courts have become more active in addressing inmates’ rights, which include the right to serve time in a safe and secure environment.
t/f- the federal gov. is being sued more and more by inmates who have been victimized while serving their time.

Answer 50

true

Question 51

is it possible for an inmate who is feeling at risk to “check themselves in” to PC to protect themselves

Answer 51

yes

Question 52

What group of offenders are responsible for the most (45% of all) self-harm incidents in federal prisons

Answer 52

Indigenous offenders

Question 53

what are some of the CSC’s prevention strategies to prevent and reduce high-risk behaviours among inmates and to reduce levels of infection (3)

Answer 53

• providing inmates with condoms, lubricants, dental dams, and bleach kit for needles
• training some inmates as peer health counsellors to educate others on how to reduce the risk of infection
• expanding the methadone maintenance program

Question 54

What does the non-profit Prisoner’s HIV/AIDS Support Action Network (PASAN) do

Answer 54

advocate for changes in correctional policy and for inmate rights in this area (topic)

Question 55

What kind of interdiction strategies do correctional authorities employ to reduce the risk of diseases (HIV/AIDS)

Answer 55

frequent searches, a urinalysis program, drug dogs, video surveillance, and ion scanners that can detect drug residue on clothing and other objects on visitors and inmates returning from absences in the community.

Question 56

what is segregation

Answer 56

a correctional management strategy that is used for disciplinary or administrative reasons and often involves an inmate being locked in a cell for 23 hours a day; also referred to as solitary confinement.

Question 57

what provisions are included in The Corrections and Conditional Release Act

Answer 57

it includes provisions for two types of segregation;
- Disciplinary segregation is imposed in cases where an inmate has been found in violation of an institutional rule
- Administrative segregation is imposed when an inmate has attempted or intends to act in a way that is deemed to threaten the prison population

Question 58

do the strict guidelines for the use of disciplinary segregation apply to inmates in administrative segregation

Answer 58

no, many inmates who were in solitary confinement for long periods of time, and some who have died were classified as being in administrative segregation

Question 59

t/f- in late 2017 an Ontario Superior Court Justice ruled that the manner in which solitary confinement was administered was unconstitutional

Answer 59

true

Question 60

t/f- there have been increases in the number of Indigenous and Black admissions to segregation, while the number of Caucasian inmates confined in segregation has declined

Answer 60

true

Question 61

t/f- Indigenous women are LESS likely to be labelled
as high risk and to be placed in segregation.

Answer 61

false

Question 62

t/f- there are concerns that segregation is increasingly being used to manage overcrowding in provincial institutions and as a management strategy to deal with inmates with physical and mental issues.

Answer 62

true

Question 63

what mental issues does solitary confinement cause

Answer 63

“psychotic disturbances”- symptoms include anxiety, depression, anger, cognitive disturbances, perceptual distortions, paranoia and psychosis, and self-harm

Question 64

what changes did the 2017 legislation limiting solitary confinement make

Answer 64

limited the period of time an inmate could be in solitary confinement to 15 days, and prohibited the use of segregation cells for vulnerable inmates (high risk of suicide of self-harming behaviour, those with serious mental illness, physically disabled, terminally ill or pregnant)

Question 65

what was the incident at the Kingston prison for women in April 1994

Answer 65

there was a brief but violent physical confrontation between 6 inmates and several correctional officers, over the next several days they sent an all male institutional emergency response team to extract 8 inmates in the segregation unit from their cells and strip-search them, stripping them in the presence of male IERT members, body cavity searches, and used leg irons. Several of the women were subsequently placed in solitary confinement for many months

Question 66

what was the Arbour Report

Answer 66

the report of an inquiry into events at the Kingston Prison for Women in April 1994 which documented violations of policy, the rule of law, and institutional regulations, and had a significant impact on the development of women’s corrections

Question 67

What topics were the recommendations of the Arbour Report related to (6)

Answer 67

1. cross-gender staffing in correctional institutions for women;
2. use of force and of IERTs
3. operation of segregation units
4. the needs of Indigenous women in correctional institutions
5. ways of ensuring accountability and adherence to the rule of law by correctional personnel
6. procedures for handling inmate complaints and grievances

Question 68

what impacts did the Arbour report have on CSC’s operations of women’s corrections (4)

Answer 68

A deputy commissioner for women was appointed, a use-of-force policy was developed that stipulates that all-male institutional emergency response teams are never to be used as a first response in women’s correctional institutions, and it is now forbidden for male staff to be present when women inmates are being strip-searched, and it accelerated the closing of the prison and the opening of smaller, regional facilities for federal women offenders

Question 69

Studies have revealed that corrections officers can have one of two agendas when using their discretion: custodial and correctional. What do these each entail?

Answer 69

custodial agenda centres on control and enforcing regulation, whereas the correctional agenda involves COs functioning as change agents by assisting inmates in their efforts to access programs and services and to deal with personal issues

Question 70

t/f- although many believe there is a correctional officer subculture of solidarity, studies have found these don’t exist

Answer 70

false- there has been found to be a CO subculture that includes a code of behaviour designed to maintain occupational solidarity and, in some instances, shield inappropriate and sometimes criminal behaviour, and some attributes may contribute to officers abusing their authority and mistreating inmates.

Question 71

what are status degradation ceremonies

Answer 71

the processing of offenders into correctional institutions whereby the offender is psychologically and materially stripped of possessions that identify them as a member of the “free society”

Question 72

t/f- there are “status restoration ceremonies” that happen in the weeks leading up to an inmates release

Answer 72

false

Question 73

what does the term “pains of imprisonment” refer to

Answer 73

the deprivations experiences by inmates confined in correctional institutions, including the loss of autonomy, privacy, security, and freedom of movement and association

Question 74

what do the pains of imprisonment combined with the challenges faced by individual inmates lead to

Answer 74

they often lead to Self-injurious behaviour (SIB)

Question 75

def. of inmate subculture

Answer 75

the patterns of interaction and the relationships that exist among inmates confined in correctional institutions

Question 76

what does the term “prisonization” refer to

Answer 76

the process by which inmates become socialized into the norms, values, and culture of the prison

Question 77

what does the term “institutionalized” refer to

Answer 77

inmates who have become prisonized to such a degree that they are unable to function in the outside, free community

Question 78

what are state-raised offenders

Answer 78

inmates who have spent the majority of their adult (and perhaps young adult) lives confined in correctional institutions and, as a consequence, may have neither the skills nor ability to function in the outside, free community

Question 79

what is the inmate code

Answer 79

a set of behavioural rules that govern interactions among inmates and with institutional staff

Question 80

t/f- the inmate code been found to be increasing over the last 20 years

Answer 80

false- it’s been decreasing

Question 81

what are social roles (AKA argot roles)

Answer 81

roles that inmates assume based on their friendship networks, sentence length, and other factors related to their criminal history and activities in the institution

Question 82

t/f- in 2017 the CSC said that trans inmates could be considered for placement based on their gender identity rather than their genitalia and inmates would be allowed to wear clothing appropriate to their gender identity

Answer 82

true

Question 83

what affects have participation in family visitation programs been found to have on the inmate (3)

Answer 83

positive impacts on their family life, reduces institutional misconduct, and lowers the rates of reoffending

Question 84

what are some difficulties that the families of offenders face

Answer 84

isolated and neglected by correctional authorities, stigmatized and marginalized in the community, concerns related to finances, housing, isolation and fears related to the offender’s return to the community, trauma, shame, depression, children of offenders may experience emotional, behavioural, and academic problems

Question 85

what do the most frequent complaints received by the federal correctional investigates relate to (3)

Answer 85

• health care,
• the conditions of confinement,
• institutional transfers

Question 86

what are the 3 major trends in offender classification and treatment

Answer 86

1. the increasing use of sophisticated risk/needs assessment instruments,
2. the increasing domination of treatment research, policy, and programs from a psychological perspective,
3. a differentiated treatment approach for women, Indigenous persons, and specific categories of offenders such as sex offenders

Question 87

what is ‘classification’

Answer 87

the process by which inmates are subdivided into groups based on a variety of assessment instruments (ex. risk/needs) to determine the appropriate security level of the inmate and program placement- the assessment process continues during the offender’s entire time with the CJS

Question 88

what are some examples of DYNAMIC RISK FACTORS crimogenic needs of offenders that are taken into account during ‘classification’ assessments, what are the 3 main inventories

Answer 88

3 main inventories- psychological, personality, and behavioural.

ex: education, mental health, social networks, employment, accommodation, drugs and alcohol, attitudes, and cognitive skills

Question 89

what is the purpose of risk assessments

Answer 89

to identify those offenders who are most likely to reoffend upon release from the institution if no treatment intervention occurs

Question 90

In assessing the degree of risk posed by an offender, corrections personnel generally consider static risk factors and dynamic risk factors. what are STATIC risk factors

Answer 90

Attributes of the offender that predict the likelihood of recidivism but are not amenable to change, including criminal history, prior convictions, seriousness of prior offences, and performance on previous conditional releases.

Question 91

In assessing the degree of risk posed by an offender, corrections personnel generally consider static risk factors and dynamic risk factors. what are DYNAMIC risk factors

Answer 91

Attributes of the offender that can be altered through intervention, including level of education, employment skills, addiction issues, and cognitive thinking abilities, among others.

Question 92

what are the 8 factors that have been identified to reliably predict involvement in criminality

Answer 92

1. lack of attachment to family/marital supports,
2. school/employment problems,
3. lack of prosocial leisure or recreational activities,
4. antisocial peers,
5. antisocial attitudes,
6. antisocial personality,
7. substance abuse,
8. history of antisocial behaviour

Question 93

what is (correctional) case management

Answer 93

the process by which the needs and abilities of offenders are matched with correctional programs and services. uses correctional plan

Question 94

what is a correctional plan

Answer 94

a key component of the case management process that determines the offender’s initial institution placement, specific training or work opportunities, and preparation for release

Question 95

are victims allowed to see information about an offender’s progress in fulfilling the objectives of their correctional plan

Answer 95

yes, as outlined in the Canadian Victims Bill of Rights

Question 96

what are some problems with the effectiveness of institutional treatment programs (4)

Answer 96

most offenders spend a short time in jail and have to wait on the list too long to get in, lack of resources allocated to programs and they are often the first to be reduced when money must be saved, many offenders suffer from trauma which can effect the ability of the inmate to adjust to life in the institution and to participate and benefit from correctional programs and services, not all inmates are receptive to treatment

Question 97

what are the 5 characteristics that make correctional treatment programs effective

Answer 97

1. based on empirically supported models of correctional change,
2. incorporate the principles of risk, need, and responsivity (RNR)
3. be focused on the dynamic risk factors associated with the offender’s criminal behaviour,
4. be monitored, evaluated, and accredited,
5. be implemented by well-trained and dedicated program staff

Question 98

what is the concept of throughcare

Answer 98

the notion that there should be continuity between institutional treatment and programs and community-based services for offenders

Question 99

what do healing lodges do

Answer 99

they address the needs of Indigenous offenders in a holistic manner- they receive individualized programming, engage with the community, partake in Indigenous teachings and ceremonies, and engage with elders

Question 100

summary conviction offence def.

Answer 100

generally, a less serious criminal offence that is triable before a magistrate or judge and, on conviction, carries a maximum penalty of a fine (max. 5,000$) or six months in a provincial correctional facility, or both

Question 101

cases involving a summary conviction offence, or when the crown proceeds summarily, are resolved in what level of court

Answer 101

provincial court

Question 102

t/f- summary trials have both a judge and a jury

Answer 102

false- they don’t involve juries

Question 103

indictable offence def.

Answer 103

a more serious criminal offence that may carry maximum prison sentence of 14 years to life (ex: murder, robbery, aggravated sexual assault)

Question 104

what are the 3 categories of indictable offences defined by the criminal code

Answer 104

1. offences under the absolute jurisdiction of provincial courts;
2. offences under the absolute jurisdiction of superior courts;
3. electable offences

Question 105

what is the key difference btw the 3 categories of indictable offences

Answer 105

election- the right of the accused to choose to be tried by a judge instead of a jury

Question 106

hybrid (or elective) offences def.

Answer 106

offences that can be proceeded summarily or by indictment- a decision that is always made by the crown

Question 107

what is a preliminary hearing (sometimes called a preliminary inquiry)

Answer 107

a hearing to determine if there a PRIMA FACIE CASE (sufficient evidence to justify the time and expense of a criminal trial), a magistrate or provincial court judge listens to some (or all) of the Crown witnesses

Question 108

murder, treason, and piracy are examples of what

Answer 108

serious, non-electable offences

Question 109

serious, non-electable offences are tried on what level of courts, are they tried before a judge or jury? what is the exception of the latter

Answer 109

superior court, before a jury unless both the accused and the provincial attorney general agree to waive this right

Question 110

theft, obtaining money on false pretences, fraud, mischief (value under 5,000$), keeping a gaming or betting house, and driving while disqualified are examples of what

Answer 110

less serious indictable and hybrid offences

Question 111

less serious indictable and hybrid offences are tried in what level of courts? are they tried by jury or judge?

Answer 111

an accused of these offences have no choice but to be tried in a prov/terr. court, even if the crown proceeds by indictment. There are no jury trials in provincial court

Question 112

when (level of CJs and circumstance) would a publication ban be ordered

Answer 112

during a preliminary hearing, may be ordered to protect the identity of all victims of sexual offences and witnesses of sexual offenders who are less than 18 years old

Question 113

what happens if there is not a prima facie case

Answer 113

the judge dismisses the case or at least dismiss the problematic charges against the accused

Question 114

t/f- the accused person can waive the right to a preliminary hearing and go directly to trial

Answer 114

true

Question 115

def. of “preferring the indictment”

Answer 115

in rare cases, usually involving more serious allegations, the provincial attorney general can skip the preliminary hearing and go straight to trial

Question 116

what are the 3 modes of trial an accused of an electable offence can choose from

Answer 116

1. trial by a provincial/territorial court judge,
2. trial by a superior court judge sitting alone,
3. trial by a superior court judge and jury

Question 117

when does the Charter guarantee the right to a jury trial (although not all accused persons want a jury)

Answer 117

if the alleged offence carries a maximum sentence of more than 5 years imprisonment

Question 118

t/f- Once an accused person has elected, he or she can re-elect another option or enter a guilty plea, in which case there will not be a trial.

Answer 118

true

Question 119

if an accused of an electable offence chooses to have a trial by a provincial or territorial court judge, will they have a preliminary hearing? can they choose a trial by jury still?

Answer 119

no, they won’t have a preliminary hearing, and they waive their right to trial by jury

Question 120

if an accused of an electable offence chooses to have a trial by a superior court judge sitting alone OR a trial by a superior court judge and jury, are they entitled to a preliminary hearing?

Answer 120

yes, unless they waive that right

Question 121

t/f- if an accused person fails to appear for trial by jury on the appointed court date they may lose their right to a jury trial

Answer 121

true

Question 122

what is an ‘information’

Answer 122

a document that briefly outlines an allegation that a person has contravened a criminal law in a certain location during a specified period. multiple offences are divided into multiple accounts

Question 123

t/f- ALL cases must be brought before a JP

Answer 123

false- for certain offences police officers are authorized to issue summons, traffic offence notices, appearance notices, and promise-to-appear notices.

Question 124

what does it mean when an accused person is released ‘on their own recognizance’? when would this occur?

Answer 124

it means that the person is responsible for ensuring that they appear in court on the designated dates. It occurs when a police gives out a notice to appear in court without going to a JP.

Question 125

who is responsible for laying an information

Answer 125

usually police, which is then ratified or rejected by the Crown

Question 126

when would information be layed

Answer 126

either after the suspect has been informed (in the case of an arrest without a warrant or the use of an appearance notice) or before.

Question 127

what happens when the JP receives the laying of information

Answer 127

the JP may not agree that the informant has made out the case (but this rarely happens). if the JP decides there is sufficient reason to believe that a crime has been committed, they’ll issue either a warrant of arrest or a summons that directs the named person to appear in provincial court for a specified date.

Question 128

fill in blanks- Charges are not laid in ________ of all violent crimes and property crimes that are cleared by police, and across the country ________% of all criminal cases are stayed, dismissed, or withdrawn by prosecutors and judges.

Answer 128

1/3, 30%

Question 129

what are some reasons for the police of Crown to not charge (4)

Answer 129

1. the victim of complainant is reluctant to cooperate
2. the suspect of an essential witness dies
3. the suspect was committed to a psychiatric facility
4. the suspect was under the age of 12

Question 130

what are three other factors that may influence the decision to lay a charge

Answer 130

1. legal (reliability and likely admissibility of available evidence and the credibility of potential witnesses)
2. administrative (workload and case volume of the Crown counsel’s office, as well as the time and cost of prosecution relative to the seriousness of the crime)
3. political (need to maintain the public’s confidence in the justice system)

Question 131

what three provinces require that the Crown gives approval before the police can lay a charge

Answer 131

New Brunswick, Quebec, and BC

Question 132

what happens once the decision has been made to lay a charge

Answer 132

once a decision to lay a charge has been made, a police officer can initiate the process by laying an information before a JP

Question 133

when is a police officer called an ‘informant’

Answer 133

when an officer lays an information before a JP

Question 134

t/f- only police can be informants (related to laying of information

Answer 134

false- most informants are police officers, but any person can lay an information if they on reasonable grounds believe that a person has committed an offence

Question 135

after a prosecution has been initiated, the next step is to ensure the accused appears in court to answer the charge- what are the examples of ways this can be accomplished

Answer 135

1. arresting and placing the accused in remand custody until the court appearance
2. allowing the person to remain at liberty in the community with a promise to appear on the court date

Question 136

t/f- the judge can issue an arrest warrant if the accused person does not appear in court on their date

Answer 136

true

Question 137

when is an appearance notice issued (and 2 conditions)

Answer 137

it can be issued (followed by the laying of information) if the alleged offence is not serious, and the police have no reason to believe that the accused will fail to appear in court

Question 138

what info is on an appearance notice? (what additional info is on it for indictable/elective offences or for young people?)

Answer 138

sets out the details of the allegation, provides the court date, and warns the accused that failure to appear in court is a criminal offence. For indictable/elective offences it directs the person to appear at a specific location to be fingerprinted, if the suspect is a young person it emphasizes the right of accused youths to legal representation

Question 139

how is a summons different from an appearance notice?

Answer 139

police lay the information first in which case the JP will likely issue a summons, (it contains the same info), and then it is served on the accused, usually by a police officer

Question 140

what happens if the accused does not appear in court and there is proof that he received the summons

Answer 140

the judge may issue a bench warrant for his arrest, and the accused may be charged criminally with failing to appear in court

Question 141

t/f- it is presumed that everyone will be released from custody after arrest

Answer 141

true

Question 142

what are the 3 circumstances in which immediate release after arrest might not occur

Answer 142

1. the charge pertains to a serious indictable offence carrying a max sentence of more than 5 years in prison;
2. the police have reasonable grounds to believe the person will not appear in court; AND OR
3. the police have reasonable grounds to believe it is necessary (in the public interest) to detain the accused

Question 143

how is the public interest defined in relation to pretrial detention

Answer 143

the need to establish the person’s identity, to secure or preserve evidence, or to prevent the continuation or repetition of the offence or the commission of another offence

Question 144

When the offence is summary or elective (or one of a specified list of less serious indictable offences, including theft under $5,000) will the accused be held after arrest

Answer 144

in this circumstance, the arresting officer can simply issue an apperance notice or explain that a summons will be sought, they don’t need to be placed in police custody

Question 145

For indictable offences carrying a maximum prison sentence of five years or less, will the accused be held after arrest? who deals with this?

Answer 145

the officer in charge of the police lockup has the authority to release the person from police custody. Several means are available to the officer in charge to compel the accused’s later appearance in court (these may be a promise to appear, an undertaking to appear, and a recognizance of 500$ or less, with or without deposit)

Question 146

judicial interim release (bail) def.

Answer 146

the release of a person charged with a criminal offence prior to trial

Question 147

what are some reasons victims may not cooperate with the Crown (decision to lay a charge)

Answer 147

domestic violence victims may be scared of retaliation, economic insecurity, and family pressures. Victims who are also involved in criminal activities (ex. gang members) may be reluctant to appear in court and to provide testimony against accused persons. In these circumstances, crime victims may not make use of the specialized services that are available.

Question 148

who oversees bail

Answer 148

judicial functionary- usually a JP, or if the offence is a serious one by a superior court judge

Question 149

A person in police custody who is not released by the officer in charge must be brought to court for a bail hearing within how long

Answer 149

24 hours of as soon as is reasonably possible

Question 150

t/f- if the arrest warrant was issued by a JP, the police MUST bring the arrested person before a JP unless release was authorized when the warrant was issued (bail)

Answer 150

true

Question 151

in what 3 situations can an accused be detained by the court

Answer 151

1. necessary to ensure attendance in court
2. necessary to protect the public
3. necessary to maintain confidence in the administration of justice

Question 152

who decides whether the accused will be released of maintain in custody? (bail)

Answer 152

JP or judge

Question 153

Section l l (e) of the Charter stipulates that any person charged with an offence has the right _____ (bail)

Answer 153

“not to be denied reasonable bail without just cause.”

Question 154

Section 515 of the Criminal Code, entitled “Judicial Interim Release,” requires judges to release accused persons on bail unless________

Answer 154

the Crown can show why bail should be denied.

Question 155

what does the crown have to do if they decide they oppose the release (bail) of the accused

Answer 155

demonstrate at a show cause hearing, that detention of the accused until the trial date is necessary and support this (for ex. can produce evidence of prior criminal convictions, other charges currently before the courts, of previous instances of failing to appear in court)

Question 156

what changes in a bail hearing if, for ex., the alleged indictable offence occurred while the person was on bail for another charge

Answer 156

reverse onus- where the accused has to “show cause” why a release is justified

Question 157

t/f- detained persons seeking pre-trial release are often required to make multiple appearances in court before a ruling is made, if true give examples of probable reasons for the delays

Answer 157

true, overcrowded court dockets, lack of personnel to participate in bail hearings

Question 158

Accused persons may also be asked to enter into a recognizance, what does this mean

Answer 158

they agree to forfeit a set amount of money if they fail to appear in court, generally there is a requirement that the money be produced before the accused is released. however, a monetary deposit may be required if the accused is not normally a resident of the province or lives more than 200 kilometers away

Question 159

Another option is to release the accused on a recognizance in which a surety promises to forfeit a set amount of money if the accused fails to appear in court. what is a surety

Answer 159

a friend or relative who agrees to ensure the accused person’s appearance for trial. a deposit is usually not required, however if a large sum of money is involved collateral may be used to guarantee payment

Question 160

what happens is a surety withdraws support

Answer 160

the accused will be placed in custody unless another surety is immediately available

Question 161

the principle that cash bails is not to be required in most cases was reiterated by the SCC in the case of R. V. Kevin Antic (20 17 sec 27). In its judgment, the court expressed what concerns?

Answer 161

that persons in poverty and other marginalized persons would be unfairly penalized if cash payments were required

Question 162

If the JP or judge decides to release the accused, the conditions under which that release will take place must be determined. Again, the Crown must show cause why conditions should be attached to the release. There are “statutory” and “other” con- ditions of bail. what are statutory conditions? what are other conditions?

Answer 162

statutory conditions include reporting to a bail supervisor, other conditions may include abstaining from alcohol or drugs, being under house arrest, and/or not having contact with certain persons

Question 163

In some regions of the country, accused persons who are released on bail may be subject to bail supervision by probation officers and/or electronic monitoring. Accused persons who violate the conditions of release or who fail to appear in court at the designated time may have new charges filed against them for failing to comply. what does this offence entail as punishment

Answer 163

a sentence of 2 years in jail if it is processed as an indictable offence

Question 164

There has been a trend toward increasing the number of bail conditions and the
length of bail supervision due, in part, to increasing concerns with risk aversion in the criminal justice system. what concerns has this brought up? (2)

Answer 164

1. argument that persons on bail are being “set up for failure” and are at high risk of being charged with failure to comply
2. concerns that low-income persons, Indigenous persons, racialized minorities, and persons with mental health and addiction issues are disproportionately impacted by the current manner in which the bail system operates

Question 165

what did the study by the John Howard Society of Ontario find?

Answer 165

70% had substance abuse issues, 40% had mental health issues, and 30% had concurrent challenges with both. It found that “abstaining from drugs” and “abstaining from alcohol” were often imposed as conditions of bail and were closely related to failing to comply

Question 166

The study by the John Howard Society of Ontario important showed what problems with bail conditions? (2)

Answer 166

1. it’s an enormous pressure on people when they’re on a long list of conditions
2. it cost police services considerable time and expenses in rearresting offenders who have violated the conditions of their bail release

Question 167

A number of legal scholars have argued that, as currently practised, judicial interim release is not being utilized as intended under the Bail Reform Act (1972). More specifically, critics contend rather than being the exception as envisioned by the Bail Reform Act, the grounds for detention have been expanded. what has this led to? what is the primary concern of this?

Answer 167

-increasing numbers of accused persons being held in remand despite falling crime rates
-concern that the presumption of innocence, a cornerstone of the legal system, is being undermined and the the number of “legally innocent” persons in jail has been increasing

Question 168

what is considered in the decision to grant bail (3)

Answer 168

number of criminal charges pending, whether the accused has a fixed address, any concerns raised by background information on the accused provided by police

Question 169

in what ways were bail courts found to be operating not in accordance with the law and often against the charter

Answer 169

• overly risk adverse and penalize people in poverty, the addicted, and people with m.i.
• number of issues around the use of bail, which fails people who require legal aid
• lack of access to bail for people in remote and northern areas (flown to detention centre to have bail application processed)
• conditions that set the person up to fail (revolving door)

Question 170

what is meant by the term ‘revolving door’ of bail conditions

Answer 170

failure to comply with bail conditions is a criminal offence, so people who break them are criminalized for behaviour that is otherwise not a crime

Question 171

what kind of charges are breach of bail conditions categorized as

Answer 171

administrative or justice charges

Question 172

def. of remand

Answer 172

the status of the accused persons in custody awaiting trial or sentencing- either denied bail or have yet to appear before a judge, or are awaiting sentencing or the commencement of a custodial sentence

Question 173

where are ALL prisoners on remand held

Answer 173

maximum-security facilities

Question 174

t/f- the number of persons on remand outnumber sentenced offenders in confinement in most jurisdictions

Answer 174

true

Question 175

t/f- despite popular belief, the conditions faced by persons in remand do not violate the international human rights standards- explain your answer

Answer 175

false- they do violate them since they require that those on remand who have not been convicted of a crime be held in conditions better than those for sentenced offenders

Question 176

t/f- pretrial detention has been found to exert pressure on the accused to plead guilty

Answer 176

true- the long periods of waiting in remand can be used as a threat/ fear, by pleading guilty it can be avoided

Question 177

what are security certificates

Answer 177

a process whereby non-canadian citizens who are deemed to be a threat to the security of the country can be held without charge or trial for an indefinite period of time. The gov. is only required to provide a summary of the case against the accused, case proceedings are usually done in secret, if the federal court upholds the certificate the person is deported to their home country, the court’s decision is final and cannot be reviewed

Question 178

what rights do the security certificate process violate

Answer 178

right to fair trial and the right to protection against arbitrary dentention- evidence is presented in heard behind closed doors with only the judge and gov. lawyers and witnesses present- accused of their lawyer not present which means they can’t cross examine the witness, and the accused only receives a summary of a portion of the evidence and not the specific allegations against them or the sources of the allegations

Question 179

what are the circumstances determined by the court that make an accused unfit to stand trial

Answer 179

if they are unable on accounts of mental disorder to conduct a defence at any stage of proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to (a) understand the nature or object of the proceedings, (b) understand the possible consequences of the proceedings, or (c) communicate with counsel

Question 180

what happens if an accused is found unfit to stand trial

Answer 180

may be detained in a m.h. facility until deemed fit to stand trial by a body such as the Ontario Review Board, if the offence isn’t serious the person may be diverted to the mental health system, once found fit the trial resumes, or if never found fit the Crown may decide not to continue the criminal prosecution

Question 181

what is the process of arraignment

Answer 181

the charges are read in open court and the accused can enter a plea, usually “guilty” or “not guilty”, if a plea of guilty is entered the goes straight to sentencing, a plea of not guilty results in the case being bound over for trial

Question 182

what is plea bargaining

Answer 182

an agreement whereby an accused pleads guilty in exchange for the promise of the benefit

Question 183

t/f- plea bargaining is outlined in the Criminal code, federal and provincial/territorial legislation and guidelines

Answer 183

false- it is not mentioned in any of them

Question 184

t/f- victims have the right to receive information about plea negotiations only in manitoba and ontario AND only in these jurisdictions is the Crown required to consult with victims during the plea bargaining process

Answer 184

true

Question 185

what is the open court principle

Answer 185

the principle that, with certain exceptions, every stage of the court process must be open and accessible to the public

Question 186

what are the 3 important differences between trial by jury and trial by judge alone

Answer 186

1. in jury trials the jury decides on the true facts and determines the person’s guilt vs. trial by just judge the judge does that,
2. in a jury trial the judge makes a “charge to the jury” during which they instruct the jury about the laws applicable to the case,
3. judges give reasons for their decisions

Question 187

what are the rules about disclosure of evidence (process of disclosure/discovery)

Answer 187

1. Crown must give the defence lawyer access to all evidence that might be presented by the prosecution in a trial (names and addresses of witnesses, results of any exams of tests on the accused, materials from wiretaps and surveillance, names of Crown’s expert witnesses)
2. Crown must disclose any records of misconduct by the investigating police officers in the case, and must provide all personal records in all sexual offence cases

Question 188

what is a stay of proceedings

Answer 188

an act by the Crown to terminate or suspend court proceedings after they have commenced

Question 189

what is circumstantial evidence

Answer 189

evidence that is not directly observed, but requires inferences to be drawn from the facts

Question 190

what is hearsay evidence

Answer 190

evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them. It is rarely admissible in court

Question 191

what do insufficient-evidence motion and no-evidence motions mean

Answer 191

defence can enter them to say that the Crown didn’t properly present their case and that there’s no point to continue the trial, judge will either agree and dismiss the case or disagree and the defence has to present their case

Question 192

t/f- the jury can’t learn about the accused prior criminal record unless the defendant testifies and presents good character or reputation as a reason they couldn’t have committed the offence

Answer 192

true

Question 193

what are the 4 main defences

Answer 193

1. “you’ve got the wrong person” (also includes if the complainant fabricated the allegation and there was no crime), 2. the mental state of the accused at the time of the alleged offence (mental disorder- NCRMD, intoxication, or automatism) 3. justifications/excuses for having committed a criminal act, and 4. procedural defences (challenging the validity of the applicable law, challenging the validity of the prosecution- ex. entrapment or abuse of process, contesting the admissibility of evidence gathered by the police, seeking a remedy for violation of a charter right)

Question 194

what are the court’s options for persons determined NCRMD (not criminally responsible due to mental disorder)

Answer 194

detention in a hospital, a conditional discharge, an absolute discharge, persons who are found NCRMD are subjected to annual reviews by prov. review boards and may qualify for escorted and unescorted passes into the community

Question 195

t/f- self induced intoxication can be used in any case as a defence

Answer 195

false- self-induced intoxication cannot be used to excuse certain types of interpersonal offences (ex. sexual assault, assault) even if the mens rea is absent. Intoxication cannot be used as a defence unless the accused was drunk to the point of automatism

Question 196

what are examples of justification/excuse-based defences (7)

Answer 196

provocation (partial defence), compulsion/duress, consent, necessity, battered woman syndrome, self-defence, defence of a dwelling

Question 197

what are the 3 essential attributes of a criminal jury

Answer 197

1. impartiality (can’t be biased),
2. competence,
3. representativeness

Question 198

t/f- the instructions the judge must give to the jury are set out in the criminal code

Answer 198

false- creates disparities and confusion

Question 199

what are 3 concerns about jurors

Answer 199

1. they won’t understand the evidence being presented,
2. they may not receive proper instructions from the judge,
3. PTSD,

Question 200

What can an appeal be based on (3)

Answer 200

questions of law, questions of fact, both

Question 201

t/f- all cases can be appealed

Answer 201

false- the right to appeal only exists in certain situations, in others, the court of appeal can grant leave (permission) to appeal

Question 202

what happens when an appeal is filed

Answer 202

the incarcerated appellant may be released on bail until the appeal is heard, the judge considers the prima facie (merits of the appeal itself) to ensure that frivolous appeals aren’t routinely used to deter the serving of a prison sentence.

Question 203

what are appeals directed at (what are they challenging)

Answer 203

either the verdict, the sentence, or both. Most are directed at the sentence

Question 204

what are the 5 possible outcomes of verdict appeals

Answer 204

the appeal court can 1. decide not to hear the appeal,
2. hear the appeal and dismiss it,
3. substitute a conviction on a lesser but included offence,
4. direct that the offender be acquitted, or
5. order a new trial

Question 205

def. of restitution

Answer 205

a court-ordered payment that the offender makes to the victim to compensate for loss of or damage to property

Question 206

what is criminal injury compensation, where do these programs operate

Answer 206

financial remuneration paid to crime victims (may be compensated for out-of-pocket expenses such as lost wages, and in some jurisdictions for “pain and suffering” caused by the offence), these programs operate in every province except Newfoundland and not the territories

Question 207

t/f- victim criminal injury compensation is NOT available in cases where the charges against the alleged offender have been stayed or withdrawn

Answer 207

false

Question 208

t/f- the standard used by compensation (criminal injury compensation) boards is “balance of the probabilities”

Answer 208

true

Question 209

What groups are most at risk of being wrongfully convicted

Answer 209

persons who are marginal and of lower socio-economic levels, Indigenous persons are overrepresented in the group of wrongfully convicted persons

Question 210

wrongful convictions are almost always a consequence of a series of events (not a single mistake or event) what do these include (5)

Answer 210

1. “tunnel vision” on the part of the police and Crown,
2. mistaken eye witness identification and testimony,
3. false confessions,
4. the testimony of in-custody informers,
5. defective, unreliable, and unsubstantiated expert testimony

Question 211

def. of proportionality (in sentencing)

Answer 211

the sentence must be proportionate to the gravity of the offence and to the degree of responsibility of the offender

Question 212

what is the fundamental purpose of sentencing

Answer 212

to protect society and to contribute, along with crime prevention initiatives, 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:
1. denounce unlawful conduct and the harm done to victims or community that it has caused,
2. deter the offender and others from committing crimes,
3. seperate offenders from society where necessary,
4. assist in rehabilitating offenders,
5. provide reparations for harm done to victims or community,
6. promote a sense of responsibility in offenders and acknowledgement of the harm done to victims or community

Question 213

what is the principle of restraint (in sentencing)

Answer 213

ensures that the sentence that is imposed is just and appropriate punishment, and nothing more

Question 214

what are the 3 primary groups of sentencing goals in the criminal courts

Answer 214

utilitarian, retributive, and restorative

Question 215

what are utilitarian sentencing goals (4)

Answer 215

general deterrence, specific deterrence, rehabilitation, incapacitation

Question 216

what are retributive sentencing goals (2)

Answer 216

denunciation and retribution

Question 217

what are the 10 sentencing options

Answer 217

1. absolute discharge (offence will be on crim. record for one year then be removed),
2. conditional discharge (released but has to comply with probation order conditions for 1-3 years),
3. suspended sentence (convicted but the imposition of the sentence waits on successful completion of probation period of 1-3 years),
4. fine (pay specific amount by specific time or be put in jail),
5. forfeiture (must forfeit goods to the Crown),
6. prohibitions (may be attached to sentence, rules on what they can’t do),
7. Intermittent sentence (custodial sentence on part-time basis),
8. probation (community supervision for certain period of time, must fulfill conditions and may have specific conditions),
9. conditional sentence (gets a term of confinement and it allowed to serve it in the community under the supervision of a probation officer and must meet specific requirements),
10. Imprisonment

Question 218

def. of concurrent sentences

Answer 218

sentences that are amalgamated and served simultaneously

Question 219

def. of consecutive sentences

Answer 219

sentences that run separately and are completed one after the other

Question 220

what does the judge consider when deciding between consecutive or concurrent sentences (4)

Answer 220

1. the timeframe of the offences,
2. the similarity of the offences,
3. whether a new intent broached each offence,
4. whether the total sentence is fit and proper

Question 221

what is judicial determination

Answer 221

an order by the sentencing judge that the offender serve 1/2 of their sentence (instead of the typical 1/3) before being eligible to apply for parole. Objective is to protect general and specific deterrence

Question 222

what is a judicial restraint order (aka peace bond) and what is the process

Answer 222

you can lay an information before a JP (of court judge in some cases) if you have reasonable grounds to believe someone is going to hurt you, your spouse or children, or your property. If the JP/judge is satisfied that there are reasonable grounds for the threat the defendant is required to to enter into recognizance to keep the peace and be of good behaviour for a period up to 12 months, there may also be specific conditions attached. Defendant can be put in jail for violating it or not agreeing with it

Question 223

what is the ‘chivalry factor’ and ‘evil woman’ factor in women sentencing

Answer 223

chivalry factor is a theory that women receive less harsh sentences because they’re seen as less of a threat, and the evil woman factor is a theory that women receive harsher punishment because of their violation of gender norms and values

Question 224

what are the 8 sentencing considerations

Answer 224

1. aggravating factors (negative facts about the offender or offence that tend to increase sentence severity),
2. Mitigating factors (facts that may decrease severity),
3. case law precedent (consider sentencing decisions in previous similar cases),
4. Pre-sentence reports/PSRs (prepared by probation officers, info on the offender’s background, present situation, risk/needs, and options for sentencing that the judge will consider),
5. victim impact statements (info of the harm done to the victim and consequences of their victimization),
6. Psychological assessments (address the mental state and treatment needs of the offender),
7. Indigenous offenders (requirement to consider alternatives to incarceration),
8. Black offenders (more defence lawyers are asking for cultural assessments to be prepared prior to sentencing)

Question 225

what is a dangerous offender

Answer 225

a designation made by the judge after conviction that results in an indeterminate term of imprisonment for a particularly violent crime in a federal correctional institution and/or for who has showed a pattern of serious violent offences. Considers Past offence history and likelihood of serious offences in the Future

Question 226

how is someone declared a DO

Answer 226

only when the crown makes a formal application for it after conviction but before sentencing, the provincial attorney general must approve the application before hand

Question 227

what is a long-term offender

Answer 227

a designation under the criminal code that requires the offender to spend up to 10 years under supervision following the expiry of his or her sentence, usually when the case falls short of the DO designation

Question 228

t/f- the Gladue principle applies at bail hearings, sentencing, parole eligibility, dangerous offender application hearings, and other decision-making points where the liberty of an Indigenous offender is at stake

Answer 228

true

Question 229

what information is included in Gladue reports

Answer 229

the accused’s personal history, including residential school experience, contact with child welfare authorities, physical or sexual abuse, health issues, and other personal and traumatic events in the Indigenous persons life that may be associated with his or her conflict with the law

Question 230

what was the Gladue decision

Answer 230

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

Question 231

t/f- judges are obliged to follow the recommendations set forth in Gladue reports

Answer 231

false

Question 232

what are the 3 important steps in the decision-making of trial judges in sentencing

Answer 232

1. identifying the relevant factors of the case,
2. identifying the relevant law,
3. combining the relevant facts and the law to produce the correct outcome

Question 233

what is sentencing disparity

Answer 233

different sentences being meted out for similar offences committed by similar offenders in similar circumstances

Question 234

what are collateral consequences (of sentencing)

Answer 234

the sanctions and prohibitions that are placed on persons convicted of criminal offences (and their families), particularly those offenders who have been incarcerated

Question 235

what are some concerns about judges discretion and objectivity? (6)

Answer 235

judge rulings may be influenced by different factors such as personal attributes, political party that appointed them, region of the country, gender, personal conscious/morals and values, and personal experiences

Question 236

what are victim impact statements

Answer 236

submission to a sentencing court explaining the emotional, physical, and financial impact of the crime

Question 237

what are community impact statements

Answer 237

statement that describes to the court how the crime committed by the offender impacted the community

Question 238

what is circle sentencing

Answer 238

a restorative justice strategy that involves collaboration and consensual decision-making by community residents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offenders through a process of reconciliation, restitution, and reparation. THE SENTENCE IS LESS IMPORTANT THAN THE PROCESS USED TO SELECT IT.