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SOC 327 > sentencing > Flashcards

sentencing Flashcards

1
Q

which of the “puspose of sentencing” categories would restorative goals fall under?

A

reparations for harm done, promote responsibility in offenders

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2
Q

fines can be used alone or in conjunction with other sentences. t or f

A

True

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3
Q

what are the 3 broad categories of objectives for the purpose of sentencing individuals? describe them

A
  • utilitarian goals: future conduct of offenders and others (about protecting the public)
  • retributive goals: getting even
  • restorative goals: rehabilitation
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4
Q

when and to whome are absolute or conditional discharges available

A
  • available in cases where there is no mandatory minimum sentence
  • if offender has no history of criminal offences
  • judge must be convinced that discharge is in the best interest of the offender and is in the best interest of the community
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5
Q

what is a suspended sentence?

A
  • judge suspends the passing of a sentence for a specific time during which the offender is on probation
  • if offender complies, no sentence is given
  • if failure to comply and commits new offences -> subject to being sentences for original and or new offence
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6
Q

define and describe parole

A
  • conditional release/early release
  • how offenders serve the latter part of their sentence
  • ability to apply once 1/3 of the sentence is served
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7
Q

what is a Victim Surcharge? what sentencing option does it belong to?

A

this is an additional charge that goes to the victim services fund -> there is a percentage of the fine that is on top of the fine

  • applies to ALL guilty verdicts
    *
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8
Q

which of the “purpose of sentencing” categories would fall under utilitarian goals?

A

detering, seperating, and rehabilitating

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9
Q

a conditional sentence is a sentence of incarceration -> it is served in the community rather than in an institution

A

True

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10
Q

for dangerous offenders, the crown makes an application after sentencing

A

False: application made after conviction but before sentence

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11
Q

who makes the application for long term offenders?

A

the crown

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12
Q

imprisonment is the most common sentencing option

A

False: probation is

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13
Q

Briefly, what is the difference b/w probation and parole?

A

parole: conditional release (how offenders serve latter part of their sentence)

Probation: sentencing option

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14
Q

a conditional sentence is probation

A

False

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15
Q

what are the 2 extraordinary measures ?

A

dangerous offender and long term offender

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16
Q

what is conditional discharge?

A

offender is supervised and must meet certain conditions imposed by the judge

  • here the offender is essentially put on probation
  • takes 3 years for the record to be clean
  • if offender fulfills conditions -> discharge becomes absolute
17
Q

for fines, there is a option for those who may not have the capacity to pay the Surcharge. whats it called?

A

“time to pay” fine option program

18
Q

community service is built into a probation order

A

True

19
Q

“compensation that goes directly to the victim”. this is the definition of

A) rehabilitation

B) Surcharge

C) Surety

D) None of the above

A

D) Restitution

20
Q

what is the fundamental purpose of sentencing?

A

to protect society and to contribute to respect for the law and the maintenance of a just, peaceful, and safe society by imposing just sanctions

21
Q

what is the most common sentence? discuss it

A

Probation

  • can follow a period of incarceration of a period no longer than 2 years
  • probation can be up to 3 years
  • involves mandatory conditions but judges can also attach additional ones
  • can use intermittent sentences followed by a period of incarceration
  • failure to comply with conditions results in “breach of probation” which is a hybrid offence (considered a new offence)
22
Q

absolute discharge means that no sentence is imposed

A

True

23
Q

list all the possible sentencing options

A
  • imprisonment
  • fines
  • restitution and community service
  • probation
  • absolute or conditional discharge
  • suspended sentence
  • conditional sentence
  • extraordinary measures
24
Q

what is an example of a conditional sentence?

A

House arrest

25
Q

conditional sentences were introduced in response to aboriginal offending

A

False: introduced in response to high incarceration rates

26
Q

define and describe probation

A
  • sentencing option
  • sentence that offenders are required to serve in the community
27
Q

___ is when an offender is found guilty but is not convicted

A

absolute or conditional discharge

28
Q

what is the main difference b/w DO and long term offenders?

A

DO -> there is no possibility for convention control of the person

long-term offender -> possibility that the person can be controlled in the community

29
Q

discuss dangerous offenders

A
  • applied to any person convicted of a serious personal injury offence and who poses a danger to the life, safety, and physical or mental welbeing of others
  • must consider past offences and likely hood of reoffending
  • if granted, offender will serve indeterminate sentence (sentence for life)
  • must serve minimum 7 years before they can apply for parole
30
Q

who are long term offenders available for?

A

those who could receive a sentence for 2 years or more; primarily targets sexual offenders

31
Q

which of the “purpose of sentencing” categories would fall under retributive goals

A

Denouncing unlawful conduct

32
Q

a court that imposes a sentence shall take into consideration the following principles: they are

A
  • a sentence should be increased or reduced to account for any aggravating or mitigating factors
  • consistency - a sentence should be similar to sentences imposed on similar offenses of similar circumstances
  • where consecutive sentences or concurent ones are imposed, the combined sentence should not be unduly long or harsh
  • the offender should not be deprived the liberty of less restrictive sentences
  • all available sentences other than inprisonment, that are resonable and similar in circumstances, should be considered to all offenders with particular attention to aboriginals
33
Q

what are conditional sentences. describe them

A
  • an individual who could have been sentences to less than 2 years can be sentences to serve time in the community
  • this is not probation
  • failure to comply with conditions can result in incarceration and can result in:
    • no action
    • addition or removal of optional conditions
    • suspension of conditional sentence
    • revocation of the conditional sentence
34
Q

what are the fundamental principles of sentencing?

A
  • sentence must be appropriate to the gravity of the offence and the degree of responsiblity of the offender
  • sentencing principles have to be guided by judges
35
Q

intermittent sentences belong to what sentencing option? what are they? what do they do?

A

Imprisonment

  • offender serves time intermittently -> serving sentence during the weekend so that they can resume their jobs on the weekdays
  • available for sentences 90 days or less
36
Q

discuss long term offenders

A
  • primarily targets sexual offenders
  • offender must pose a substancial risk to for re-offence
  • belief the person can be controlled in the community
  • long term supervision order: period of time where the offender will be be supervised in the community once they serve their custodial sentence (can be supervised up to 10 years)
  • if applied, the offender is sentences to at least 2 years of incarceration and the judge sets the length of the long term supervision order
37
Q

what are the 3 mandatory conditions of probation?

A
  1. keep the peace and be of good behavior
  2. appear before court when ordered
  3. notify probation officer for changes or name, adress, or occupation
38
Q

what are the objectives for the purpose of sentencing? list them

A
  • to denounce the harmful conduct done to victims or the community = publically condeming
  • to deter offender and others from committing offences
  • to separate offenders from society
  • assist in rehabilitating offenders
  • to provide reparations for the harm done to victims or the community
  • to promote a sense of responsiblity for offenders, and the acknowledgement​ of the harm done to victims

SOC 327 (17 decks)

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