Module 10 - NCRMD Flashcards
1
Q
Draw structure of Canadian court system
A
See notes
2
Q
Aboriginal courts
A
- Overrepresentation (3% vs 18%)
- Why? Access to legal representation, commit crime with higher incarceration punishments, differential effect due to poverty
- Solution: Bill C-41 (particular considerations), Gladue reports (background info), restorative justice (community safety, accountability, skills development)
3
Q
Sentencing purposes
A
- General and specific deterrence
- Denounce unlawful conduct
- Separate offenders from society
- Rehabilitation
- Reparations
- Promote sense of responsibility and acknowledgement of harm to victim/society
4
Q
Sentencing principles
A
- Proportionate to offense (seriousness of crime) and responsibility of offender (age)
- Aggravating/mitigating circumstances such as hate crime, domestic abuse, abused position of trust, organized crime
- Similar sentencing for similar crimes
- Combined sentence should not be unduly harsh
- Avoid imprisonment if other appropriate sanctions (consider for all offenders)
5
Q
Sentencing options
A
- Absolute/conditional discharge (probation success = clean record)
- Suspended sentence: like conditional but you end up with criminal record, no actual consequence
- Restitution
- Fines/community service: 2nd most common
- Conditional sentence: served in community, most common i.e., probation
o Intensive supervision probation: strict curfews + electronic monitoring - Imprisonment: intermittent option, -2 years = provincial, 2+ years = federal
- Dangerous offenders: indefinite, repeat offenders with long-term offender status
6
Q
Disparities in sentencing
A
- Systemic disparities: consistent such as offense leniency, differences in personality/philosophy/experience, between judges
- Non-systemic disparities: inconsistent such as changes in mood/irrelevant stimuli/interpretations, within same judge (extra-legal)
7
Q
Offender treatment (RNR)
A
- Risk principle: target high risk of reoffending
- Need principle: effective if targeting criminogenic needs such as antisocial attitudes/peers/personality factors or substance abuse (not more than 3 rehab services at once)
- Responsivity principle: match general learning styles and abilities of offender + consider specific factors (ethnicity, culture, sensitivity, self-esteem)
- Most effective method to rehabilitate offenders
8
Q
Parole types
A
- Temporary absence: 1st type of release granted
- Day parole: treatment programs
- Full parole
- Statutory parole: after 2/3 of sentence
9
Q
Decision-making
A
- Eligibility for parole after 1/3 or 7 years of sentence
- Factors to consider: risk of reoffending, criminal history, social problems/relationships/employment, psychological reports/professional opinions, institutional behavior, info from victim, evidence of change, treatment benefits, performance on earlier release
10
Q
Dr. Serin’s structured procedure framework
A
- Decisions = equitable, transparent, defensible
- Key elements = domains regarding release decisions (release plan), issue with domains (protective factors), scoring mechanisms (aggravating, mitigating or no impact)
11
Q
Fitness
A
- Present competence at trial, no admission necessary, no plea, pause on proceedings
- Stems from right to fair trial
- Proposed by defense or prosecution
12
Q
NCRMD
A
- Time of offense (mens rea), admit guilt, plea, final adjudication
- Agreement of prosecution and defense
- 0.09% of cases with only 20% successful
13
Q
Psychiatrist
A
medical doctors, determine fitness but psychologists can assist
14
Q
Psychologist
A
clinical have PhDs and may conduct fitness evaluations in US
15
Q
Assessing fitness
A
- Review documentation
- Interview (assess malingering)
- Ask please available + definition
- Ask about their role, lawyer/judge’s role
- One piece of data isn’t enough (multiple measurements required)
- MMPI, FIT-R, Wechsler adult intelligence test
