sentencing

Question 1

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

Answer 1

reparations for harm done, promote responsibility in offenders

Question 2

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

Answer 2

True

Question 3

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

Answer 3

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

Question 4

when and to whome are absolute or conditional discharges available

Answer 4

• 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

Question 5

what is a suspended sentence?

Answer 5

• 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

Question 6

define and describe parole

Answer 6

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

Question 7

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

Answer 7

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
  *

Question 8

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

Answer 8

detering, seperating, and rehabilitating

Question 9

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

Answer 9

True

Question 10

for dangerous offenders, the crown makes an application after sentencing

Answer 10

False: application made after conviction but before sentence

Question 11

who makes the application for long term offenders?

Answer 11

the crown

Question 12

imprisonment is the most common sentencing option

Answer 12

False: probation is

Question 13

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

Answer 13

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

Probation: sentencing option

Question 14

a conditional sentence is probation

Answer 14

False

Question 15

what are the 2 extraordinary measures ?

Answer 15

dangerous offender and long term offender

Question 16

what is conditional discharge?

Answer 16

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

Question 17

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

Answer 17

“time to pay” fine option program

Question 18

community service is built into a probation order

Answer 18

True

Question 19

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

A) rehabilitation

B) Surcharge

C) Surety

D) None of the above

Answer 19

D) Restitution

Question 20

what is the fundamental purpose of sentencing?

Answer 20

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

Question 21

what is the most common sentence? discuss it

Answer 21

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)

Question 22

absolute discharge means that no sentence is imposed

Answer 22

True

Question 23

list all the possible sentencing options

Answer 23

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

Question 24

what is an example of a conditional sentence?

Answer 24

House arrest

Question 25

conditional sentences were introduced in response to aboriginal offending

Answer 25

False: introduced in response to high incarceration rates

Question 26

define and describe probation

Answer 26

* sentencing option * sentence that offenders are required to serve in the community

Question 27

\_\_\_ is when an offender is found guilty but is not convicted

Answer 27

**absolute or conditional discharge**

Question 28

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

Answer 28

DO -\> there is no possibility for convention control of the person long-term offender -\> possibility that the person can be controlled in the community

Question 29

discuss dangerous offenders

Answer 29

* 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

Question 30

who are long term offenders available for?

Answer 30

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

Question 31

which of the "purpose of sentencing" categories would fall under retributive goals

Answer 31

Denouncing unlawful conduct

Question 32

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

Answer 32

* 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

Question 33

what are conditional sentences. describe them

Answer 33

* 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

Question 34

what are the fundamental principles of sentencing?

Answer 34

* 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

Question 35

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

Answer 35

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

Question 36

discuss long term offenders

Answer 36

* 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

Question 37

what are the 3 mandatory conditions of probation?

Answer 37

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

Question 38

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

Answer 38

* 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