sentencing Flashcards
which of the “puspose of sentencing” categories would restorative goals fall under?
reparations for harm done, promote responsibility in offenders
fines can be used alone or in conjunction with other sentences. t or f
True
what are the 3 broad categories of objectives for the purpose of sentencing individuals? describe them
- utilitarian goals: future conduct of offenders and others (about protecting the public)
- retributive goals: getting even
- restorative goals: rehabilitation
when and to whome are absolute or conditional discharges available
- 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
what is a suspended sentence?
- 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
define and describe parole
- conditional release/early release
- how offenders serve the latter part of their sentence
- ability to apply once 1/3 of the sentence is served
what is a Victim Surcharge? what sentencing option does it belong to?
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
*
which of the “purpose of sentencing” categories would fall under utilitarian goals?
detering, seperating, and rehabilitating
a conditional sentence is a sentence of incarceration -> it is served in the community rather than in an institution
True
for dangerous offenders, the crown makes an application after sentencing
False: application made after conviction but before sentence
who makes the application for long term offenders?
the crown
imprisonment is the most common sentencing option
False: probation is
Briefly, what is the difference b/w probation and parole?
parole: conditional release (how offenders serve latter part of their sentence)
Probation: sentencing option
a conditional sentence is probation
False
what are the 2 extraordinary measures ?
dangerous offender and long term offender
what is conditional discharge?
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
for fines, there is a option for those who may not have the capacity to pay the Surcharge. whats it called?
“time to pay” fine option program
community service is built into a probation order
True
“compensation that goes directly to the victim”. this is the definition of
A) rehabilitation
B) Surcharge
C) Surety
D) None of the above
D) Restitution
what is the fundamental purpose of sentencing?
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
what is the most common sentence? discuss it
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)
absolute discharge means that no sentence is imposed
True
list all the possible sentencing options
- imprisonment
- fines
- restitution and community service
- probation
- absolute or conditional discharge
- suspended sentence
- conditional sentence
- extraordinary measures
what is an example of a conditional sentence?
House arrest
conditional sentences were introduced in response to aboriginal offending
False: introduced in response to high incarceration rates
define and describe probation
- sentencing option
- sentence that offenders are required to serve in the community
___ is when an offender is found guilty but is not convicted
absolute or conditional discharge
what is the main difference b/w DO and long term offenders?
DO -> there is no possibility for convention control of the person
long-term offender -> possibility that the person can be controlled in the community
discuss dangerous offenders
- 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
who are long term offenders available for?
those who could receive a sentence for 2 years or more; primarily targets sexual offenders
which of the “purpose of sentencing” categories would fall under retributive goals
Denouncing unlawful conduct
a court that imposes a sentence shall take into consideration the following principles: they are
- 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
what are conditional sentences. describe them
- 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
what are the fundamental principles of sentencing?
- 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
intermittent sentences belong to what sentencing option? what are they? what do they do?
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
discuss long term offenders
- 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
what are the 3 mandatory conditions of probation?
- keep the peace and be of good behavior
- appear before court when ordered
- notify probation officer for changes or name, adress, or occupation
what are the objectives for the purpose of sentencing? list them
- 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
