Sentencing and Parole

Question 1

supreme court of Canada

Answer 1

consists of eight judges plus the chief justice, who are all appointed by the federal government. The Supreme Court is the final court of appeal in Canada, and lower
Canadian courts are bound by its rulings. The Supreme Court also provides guidance to the federal
government on law-related matters, such as the interpretation of the Canadian Constitution

Question 2

Aboriginals in the criminal justice system

Answer 2

overrepresentation - 3% population, 18% of prisons
- reasons: commit more crimes, more serious crimes, processed differently, economically disadvantaged (fine vs prison sentence)
Bill C-41
- R v. Gladue
- aboriginal courts
- restorative justice - emphasizes repairing harm caused by the crime

Question 3

R v. Gladue

Answer 3

attempt to “ameliorate the serious problem of overrepresentation of Aboriginal people in prisons”
- Gladue reports - analysis of factors in offenders background that may serve to mitigate or reduce culpability of offender - given to judge

Question 4

Restorative justice

Answer 4

restorative circles that promotes accountability, healing, constructive solutions

Question 5

specific deterrence

Answer 5

sentencing to reduce probability that offender will reoffend in future

Question 6

general deterrance

Answer 6

sentencing to reduce probability that members of public will offend in the future

Question 7

goals of sentencing

Answer 7

denounce unlawful conduct
separate offenders from society
assist in rehabilitating offenders
provide reparations for harm done
promote sense of responsibility in offenders

Question 8

reparations

Answer 8

sentence where offender has to make monetary payment to victim or community

Question 9

fundamental principle to sentencing

Answer 9

belief that sentences should be proportionate to the gravity of the offense and the degree of responsibility of the offender

Question 10

other sentencing principles

Answer 10

• adjusted to account for relevant aggravating or mitigating circumstances
• similar for similar offenders committing similar offenses under similar circumstances
• combined sentences should not be unduly harsh
• if appropriate should not be deprived of their liberty
• alternatives imprisonment should be considered for all offenders if acceptable

Question 11

maxwell 2015

Answer 11

severe prison sentences not norm
40% of sanctions probation
custodial sentences tend to be short (30 days median)

Question 12

sentencing options

Answer 12

absolute discharge
conditional discharge - conditions in place
restitution - monetary payment to victim or community
fine - monetary payment to courts
community service
conditional sentence - served in community
imprisonment

Question 13

sentence disparity

Answer 13

variation in sentence severity for similar crimes committed under similar circumstances

• unwarranted - judge relies on legally irrelevant factors
• -systematic -consistent disagreement among judges due to factors such as how lenient they think sentences should be
• -unsystematic - inconsistencies in judges decisions over time when judging similar crimes because of factors such as judges mood

Question 14

Palys and Divorski 1986

Answer 14

sentencing disparity among judges

• sometimes extreme disparity suspended sentence vs 13 year prison sentence
• differentially weighing legal objectives, importance placed on various case facts, demographic characteristics

Question 15

sentencing guidlines

Answer 15

intended to reduce degree of discretion that judges have in handing down sentences
- mixed research. not in Canada

Question 16

R v. Arcand

Answer 16

sexual assault
judge ignored previous court judgements and gave lesser sentence and could not provide justification from deviating from established starting point

Question 17

Gendreau et al

Answer 17

fines and restitutions resulted in small decreased recidivism

Question 18

need principle

Answer 18

correctional interventions should target known criminogenic needs ( factors that relate to reoffending)
- ex. antisocial attitudes, substance abuse etc.

Question 19

risk principle

Answer 19

correctional interventions should target offenders who are at high risk to reoffend
- 100 hrs high risk youth, 300 adult

Question 20

responsivity principle

Answer 20

correctional interventions should match general learning style of offenders
- structured, cognitive behavioural interventions

Question 21

why have parole

Answer 21

1. conditional release so can serve remaining sentence outside institution
2. attempt to rehabilitate into productive members of society
3. high degree of supervision
4. if conditions not complied with, can be sent back to prison

Question 22

parole

Answer 22

the release of offenders from prison into the community before their sentence term is complete

Question 23

types of parole

Answer 23

temporary absence
- enter community on temporary basis
day parole
- enter community for up to one day
full parole
- serve remainder of sentence under supervision in community
statutory release
- release of offenders after served 2/3 of sentence
- for everyone except life sentences

Question 24

Gobeil and Serin

Answer 24

parole release decisions vary as function of offender type, based on accessing different types of info and not others
- developed and implemented decision making framework for parole decisions

Question 25

Kelly Ellard

Answer 25

denied day parole

Question 26

parole success

Answer 26

offenders let out on parole are less likely than statutory release to breach conditions and commit new offenses
- even statutory release are unlikely to commit further crimes