parole and sentencign

Question 1

Sentence

Answer 1

The judicial determination of a legal sanction upon a person
convicted of an offence

Question 2

Specific deterrence

Answer 2

reducing probability that an offender will reoffend in the
future

Question 3

General deterrence

Answer 3

reducing probability that members of the general public will
offend in the future

Question 4

Why do we sentence offenders?

Answer 4

change behavior → convicted and potential

Question 5

The Purpose of Sentencing

Answer 5

Judges will have different sentencing
goals depending on the case:
◦ Can meet multiple goals at once
◦ Sometimes goals can be incompatible with
one another
◦ Judges will choose different sentences for
different reasons → sentencing disparity

Question 6

The Principles of Sentencing

Answer 6

Sentence should be adjusted based on aggravating or mitigating circumstances
relating to the offense or the offender
◦ Sentences should be similar for similar offenders and similar offenses
◦ If reasonable, sanctions other than imprisonment should be considered for all
offenders

Question 7

Fundamental Principle of Sentencing

Answer 7

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

Explicitly stated in the Criminal Code of Canada

Question 8

In all, sentencing is light

Answer 8

Maxwell (2015) → probation is the most
common type of sentence (40%)
◦ When imprisonment was ruled, quite short
◦ Median 30 days
Some argue that variation in sentences are
more due to the judge than factors such as
seriousness, previous sentences,
responsibility, etc.
Men receive 63% longer sentences than
women

Question 9

Conditional Sentence

Answer 9

prison
sentence served in the
community

Question 10

Imprisonment

Answer 10

a sentence
served in prison

Question 11

Reparations or Restitution

Answer 11

a
sentence in which the offender
has to make monetary payment
to the victim or community

Question 12

Sentencing Disparity

Answer 12

Variations in sentencing severity for similar crimes committed under similar
circumstances

Question 13

Unwarranted sentencing disparity

Answer 13

when judge relies on legally irrelevant
factors

Question 14

Two sources of unwarrednred sentcing disparity

Answer 14

Systematic disparity: consistent disagreement among judges
◦ Due to factors such as how lenient to be

Unsystematic disparity: inconsistencies in a judge’s sentencing decisions over time when judging the same type ofoffender
◦ Due to factors such as judge’s mood

Question 15

Palys & Divorski (1986)
206 Canadian provincial court judges examined 5 criminal cases findings

Answer 15

judges are soooo different

Question 16

Taylor and Jordan (Bridge)

Answer 16

taylor got 60 days at home, 30 days working, 30 days community service

she plead guilty

Question 17

sentencing good bc

Answer 17

just and peacful society, repect the law, safety, rehabilitation

Question 18

aggravating

Answer 18

repeat offencer, intetnonal more serious

Question 19

mitigating

Answer 19

less serious

Question 20

less than 2 yrs

Answer 20

provincial

Question 21

more than 2 yrs

Answer 21

federal

Question 22

what gender is more likely to avoid sencing/incarertaion

Answer 22

women

Question 23

canada or usa less race bias in senetning

Answer 23

canada

Question 24

is probation or conditonal sentence more lineiant

Answer 24

prohabtion

Question 25

foil idenityivisyon

Answer 25

idenntity foil as a suspect

Question 26

false identiiedicaiotn

Answer 26

identity an innocent susoect as guilty

Question 27

how to fix the sentencing disparity

Answer 27

usa tried to go a guidleine but didnt rlly work

canada made minium setences bc thy wwre too liennt