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Sociology 227 - Canadian Criminal Justice > Part 6 > Flashcards

Part 6 Flashcards

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1
Q

purpose of sentencing

A

protect society and contribute, along with crime prevention initiatives, to the respect for the law and maintenance of just, peaceful, and safe societies through just sanctions

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2
Q

a judges sentence should consider the objectives:

A
  1. to denounce
  2. to deter
  3. to separate
  4. to rehabilitate
  5. to prove reparation
  6. to promote responsibility and acknowledgment
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3
Q

to denounce

A
  • denounce unlawful conduct
  • systematic way in which society can communicate what is wrong
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4
Q

to deter

A

specific vs. general deterrence

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5
Q

to separate

A

separate offenders from society in reflection of the crime committed

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6
Q

to rehabilitate

A

should be an element of rehabilitation in all sentencing

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7
Q

to prove reparation

A

must be reparations for the harm done to the individual or community

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8
Q

to promote responsibility and acknowledgment

A

sentencing should acknowledge that the individual is responsible for committing this crime and the sentence should promote responsibility and acknowledgment of the offence

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9
Q

specific deterrence

A

deter the offender from committing this specific crime through punishment

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10
Q

general deterrence

A

create general deterrence from committing this crime by showing society what is happening to this offender and the punishment

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11
Q

fundamental principles of sentencing

A
  1. proportionality
  2. restraint
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12
Q

proportionality

A
  • proportionate to the gravity of the offence and degree of responsibility
  • fair sentencing based on the severity of the crime
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13
Q

restraint

A
  • sentence is just and appropriate punishment and nothing more
  • incarceration vs. community service vs. house arrest vs. fine; as forms of punishment based on the crime committed
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14
Q

3 goals of sentencing

A
  1. utilitarian goals
  2. retributive goals
  3. restorative goals
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15
Q

utilitarianism

A
  • focus on future conduct
  • deterrence
  • broad philosophical model
  • bring the most good to the most people and least suffering
  • prevent future crimes from happening
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16
Q

retributive model

A
  • focus on past crimes
  • focussed on the offender and the offense and how to we make them pay
  • denunciation
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17
Q

denunciation

A
  • expressing this is not okay, you can’t do this, heres your punishment
  • denouncing the offense
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18
Q

restorative

A
  • focus on how crimes impact the victims, offenders and community
  • future oriented
  • protect society
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19
Q

sentencing options

A
  1. absolute discharge
  2. conditional discharge
  3. fine
  4. forfeiture
  5. prohibition
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20
Q

absolute discharge

A
  • found guilty, but not convicted
  • circumstantial
  • charges will be removed without formal application within the year
  • e.g. not criminally guilty based on mental insanity, victimless crimes, crime of duress
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21
Q

conditional discharge

A
  • found guilty and released, but has to comply with a condition of a probation order of 1-3 years
  • no permanent record
  • e.g. getting a job, attending court ordered rehab are conditions of probation
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22
Q

forfeiture

A
  • give up goods to the crown
  • if you have property or money that you have from illicit/illegal means you must forfeit that to the crown
23
Q

prohibition

A

avoiding certain situations (e.g., driving, can’t be near a school, can’t drink)

24
Q

harsher sentencing options

A
  1. suspended sentence
  2. intermittent sentences
  3. probation
  4. conditional sentence
  5. imprisonment
25
Q

suspended sentence

A
  • convicted, but sentence is suspended pending successful completion of a probation order for 1-3 years
  • if you break the conditions of you probation yo are back in your originally sentence
  • you have been sentenced but given probation instead
26
Q

intermittent sentences

A
  • custodial sentence served on a part-time basis
  • serving it on a part time basis
  • e.g. halfway house
27
Q

probation

A

placed in community supervision

28
Q

conditional sentence

A
  • confinement for 2 years less a day, but can serve it in the community
29
Q

other sentencing options

A
  1. combining offences
  2. concurrent sentences
  3. consecutive sentences
  4. victims fine surcharge
  5. judicial determination
  6. life imprisonment
  7. dangerous offenders
  8. long-term offenders
30
Q

combining offences

A
  • charged with all offences that were committed and the judge combining your offences because they were committed together
  • prevents backlog
  • e.g. committing armed robbery and assault at the same time and being tried for them together rather then undergoing 2 separate trials
31
Q

concurrent

A
  • serving together
  • e.g. receiving 5 months for assault and 5 months for robbery and serving those at the same time instead of serving 10 months total, you only serve 5
32
Q

consecutive sentence

A
  • back to back
  • e.g. receiving 5 months for assault and 5 months for robbery and serving those back to back and serving 10 months total
33
Q

victims fine surcharge

A
  • in part of another sentence
  • mandatory for federal offenders if assigned too
  • e.g. if you’ve committed an offence against a victim you must pay this fine that will go to victim services
34
Q

judicial determination

A
  • determination of the judges regarding aspects of the offender
  • e.g. re-offending, circumstances surrounding them and their crime, etc
35
Q

dangerous offender status

A
  • crown now has the burden of proof that you are in fact a dangerous offender, you are an imminent danger to society
  • offender has to do indefinite time in federal custody
  • e.g. paul bernardo
36
Q

long-term offender status

A

the offender at minimum has to do at least 10 years of community supervision AFTER your sentence

37
Q

sentencing considerations

A
  1. aggravating factors
  2. mitigating factors
  3. case law precedent
  4. pre-sentence reports
  5. victim impact statements
  6. psychological assessments
38
Q

aggravating factors

A
  • may increase the severity of a sentence
  • previous violent criminal history
  • situations surrounding the crime (excessively violent)
39
Q

mitigating factors

A
  • decrease the severity of a sentence
  • role you played in the crime (getaway driver vs. actual robber)
  • e.g. gypsy rose case is full of mitigating factors
40
Q

case law precedent

A
  • similar sentences for similar cases
  • consistency within sentencing
41
Q

pre-sentence reports

A
  • info on the offenders background, situation, risk and needs
  • a judge or legal defence can push for this information on the offender
  • judges discretion if they order it and use it in consideration to sentencing
  • e.g. probation officer can fill this out, in order to help the judge determine what sentence will be best in the case of this offender
42
Q

psychological assessments

A
  • mental state and treatment needs
  • e.g. greyhound killer
43
Q

considerations of identity

A
  1. gender
  2. indigenous offenders
  3. racialized offenders
  4. utility of cultural assessments
44
Q

gender as a consideration of identity

A
  • 2 theories of sentencing women:
    1. ‘damsel in distress’: less threatening → less severe sentencing because they need saving
    2. women are supposed to be feminine, docile creature so if they act out they must be evil
45
Q

indigenous offenders as a consideration of identity

A
  • mandates that judges should have special consideration for indigenous offenders
  • historically he CCJS and many other systems in - Canada have committed harm to indigenous communities
  • gladue reports
46
Q

gladue reports

A

report for indigenous offenders that outline special considerations, info about them, underlying circumstances (mitigating factors)

47
Q

racialized offenders as a consideration of identity

A
  • systematic issues of racism and state sponsored violence, specifically against black communities
  • consider if they are adding to the problem and sentencing the individual more severely or unfairly
48
Q

sentencing disparities

A
  • differences in sentencing based on the offender
  • racial or ethnic identity
  • socio economic status
49
Q

judicial discretion in sentencing

A
  • necessary for decision-making
  • case-by case variance
  • potential personal influential factors
  • balancing personal conscience with judicial conscience
50
Q

dealing with discretion

A
  • statutory guidance
  • maximum sentences
  • sentencing disparities
  • mandatory minimum sentences
51
Q

statutory guidance

A

guided by legislation

52
Q

maximum sentences

A

maximum sentence for crimes that limit judges from over-sentencing due to personal feelings/bias

53
Q

mandatory minimum sentences

A

minimum amount of sentence that can be imposed for a certain crime

54
Q

circle sentencing

A
  • a strategy that involves collaboration and consensual decision-making by community members, the victim, offender, and CJS actors to resolve conflicts and sentence offenders
  • discuss the harms done, what the victims wants, what the offender can do in order to determine potential ways to go forward
  • typically only seen in minor offence

Sociology 227 - Canadian Criminal Justice (13 decks)

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