Short Answer

Question 1

4 Goals of sentencing

Answer 1

1. Punishment
2. Deterrence
3. Protection of public
4. Rehabilitation

Question 2

punishment

Answer 2

used to exercise the appropriate degree of social condemnation of criminal behavior. Also a form of retribution.

Question 3

deterrence

Answer 3

• the purpose of discouraging persons from committing a crime. Acts as a functional criterion.
• Should discourage both convicted offenders from repeating their behavior and other like minded individuals from committing the same or similar crimes. sentences should cause individuals to reflect on the consequences of their acts.
• Courts aim to achieve a general deterrence, especially in crimes of violence.

Question 4

protection of the public

Answer 4

although it is listed separately among the sentencing criteria, this should be a paramount concern of the court.

Question 5

rehabilitation

Answer 5

• restoring a criminal to a useful life.
• Most psychologists and criminologists believe it is possible for criminals to be reformed, however, since the 1950s high rates of recidivism have suggested rehabilitative programs have been largely ineffectual. - - In 1987 the Canadian sentencing commission proposed several principles that the court should take into consideration.

Question 6

5 sentencing alternatives

Answer 6

1. incarceration
2. fines
3. suspended sentence
4. probation
5. absolute/ conditional discharge

Question 7

incarceration

Answer 7

• used in cases where the general public requires protection.
• Sentences of 2+ years are served in federal penitentiaries, others in a provincial penitentiary.
• Sentences of less than 90 days can be served intermittently.
• Every accused is entitled to be released upon the expiring of the sentence.
• Under the Parole Act most inmates are eligible for parole after serving one third of their sentence or 7 years.
• There are exceptions in serious indictable offenses.

Question 8

fines

Answer 8

• a sentence for less serious crimes.
• For summary convictions courts cannot impose a fine greater than $5,000.
• An offender convicted of an indictable offense may receive a fine if no minimum term of imprisonment is specified by the criminal code for that offense in question.
• Courts consider the ability of an accused to pay a fine. - Extensions of time limits for payments may be granted for an accused.

Question 9

suspended sentence

Answer 9

• when a court states a sentence need not be served providing certain conditions are met.
• Only for offenders for which there is no minimum punishment prescribed.
• Age, character, and nature of the offense are taken into consideration.

Question 10

probation

Answer 10

• permission for an offender to go free under the supervision of a probation officer.
• The offender must meet certain requirements.
  1. Can be charged with a crime - a person can be placed on probation for up to 3 years in canada.
• The criminal code states that while under probation the accused shall keep the peace and be of good behavior.
• They must follow court order and appear before the court when required.
• A judge may issue a community service order This provides an opportunity for the accused to achieve reconciliation between an offender and the community.

Question 11

absolute + conditional discharges

Answer 11

• a reversal of findings of a court so that a person found guilty may be deemed not to have been convicted of the offense.
• An absolute discharge carries no qualification while conditional discharge requires certain terms to be met.

Question 12

sentencing process

Answer 12

1. Pre sentence report
   - Prepared by a probation officer to help the court decide whether the accused should be placed on probation.
   - It helps the judge to decide on an appropriate sentence for a convicted offender.
2. Plea Bargaining
   - The crown agrees to drop some charges or minimize a sentence for a plea of guilty
   - The defense and prosecution will agree on a recommended sentence in return for a guilty plea

Question 13

young offenders

Answer 13

• 1908 Juvenile Delinquents Act. - 1st legislation for youth crime
• Children seen as innocent and need protection from corruption through the juvenile court.
• Later society needed more protection from juvenile offenders and needed responsibility for crimes
• 1984 Young Offenders Act replaced the juvenile delinquents act
• The young offenders act replaced by Youth Criminal Justice Act in the 1990s that emphasized need for protection of society from juvenile crimes.

Question 14

age of criminal responsibility

Answer 14

• Criminal responsibility in the YCJA begins at 12.
• 12-17 are treated as young offenders and subject to prosecution and punishment under the YCJA.
• At 18 a person is treated as an adult.
• An 11 year old who commits homicide cant be prosecuted.
• The most that can be done is to be put in the care of the children’s aid society under the child and family services act.

Question 15

criminal accountability

Answer 15

• YCJA only applies to young persons accused of contravening the criminal code or other federal statutes.
• YCJA - young people should be accountable for their wrongful acts but not as fully accountable as adults.
• Fines are limited to $1,000 and jail terms cant exceed 5 years.
• A 17 year old commits murder, the severest penalty they can receive is 5 year imprisonment. If an 18 years old commits the same act they can be imprisoned for life with no chance of parole for 25 years.
• The act tries to acknowledge society’s right to protection from illegal behavior.
• sec 16 of the act is a provision permitting a young offender of 14 or older to be transferred to adult court if possible.

Question 16

adult trial requirements (sec 16)

Answer 16

1. The seriousness of the offense
2. The age, maturity, and character of the offender
3. The adequacy of the YCJA vs the criminal code to deal effectively with the case
4. The availability of treatment resources
5. Representations made by the young person or the crown
   This provision is important because a young offender treated in adult court may face the same potential punishment an adult would.
   - Conversely, an advantage can be gained by the young offender because they have an option of a trial by jury as an adult.
   - Despite this provision, the ontario court of appeal is reluctant to sanction most of these transfers

Question 17

rights and freedoms

Answer 17

• YCJA - young persons and their parents, facing criminal prosecution have increased rights.
• They are entitled to consult and be represented by a lawyer and fully participate in the proceedings against them.
• They must be informed of their rights and there is an extra onus on explaining their rights to ensure they’re fully understood by the young person.
• The act recognizes the importance of parental involvement in cases concerning children. Upon arrest the youths parents must be notified asap. If a young person’s parents do not attend the court proceedings, then the court will issue a subpoena requiring the parents presence
• The privacy of a young offender is tightly protected. Youth court has the power to exclude the public from the courtroom. Moreover, the YCJA makes it unlawful to identify any young person charged or found guilty of an offense.
• Records kept by the courts, police, and others concerning the young offender must remain confidential. Police records must be destroyed at the end of 5 years after the completion of all dispositions relating to an indictable offense of which the young person is found guilty of.

Question 18

youth dispositions

Answer 18

• When a young person is found guilty of an offense the youth court must decide on an appropriate sentence or disposition.
• To help in this process the court may require the preparation of a predisposition report. This is prepared by a youth worker and must include interviews with all relevant participants.
• The report considered age, maturity, character, attitude, plans for rehabilitation, ect. The court may also order medical or psychological reports.

Question 19

7 dispositions

Answer 19

1. Grant an absolute discharge
2. Fines of up to $1,000 paid off through a fine program
3. Order the offender to compensate victims
4. Restitution of property
5. Community service up to 240 hours
6. Probation up to 2 years
7. Imprisonment up to 5 years

Question 20

origins of international law

Answer 20

• International law has evolved in the past 5 centuries.
• It has been influenced by writers and jurist
• Principles such as sovereignty, equality, nationalism, have emerged
• As independent states grew in the past few centuries, political, cultural, and economic differences became more intense and conflicts arose. To stabilize these differences, nations adopted commonly recognized principles of behavior.
• Evidence of treaties are the oldest form of international law

Question 21

conventions and treaties

Answer 21

• A written international contract is a voluntarily entered agreement between 2 or more sovereign states.
• The states are legally and morally bound to uphold these rights and obligations contained in the agreement. come in bilateral or multilateral forms. sometimes termed treaty contracts.
• The 1988 bilateral free trade agreement between Canada and the US was designed to regulate reciprocal free trade and commerce
• When Mexico joined the agreement, it became a multilateral agreement.
• Bilateral and multilateral agreements are not considered ‘real’ international law because of its limited scope. true international law encompasses general principles with a universal application
• International law provides a framework in which nations become obliged to enact national law and apply the principles that are set out in international law. ex) united nations charter, and convention of narcotic drugs
• Military treaties are sometimes known as alliances or pacts. ex) NATO

Question 22

extradition

Answer 22

• There is no international law or multilateral treaty that exists to govern the extradition of persons. Each state entered into a separate treaty with another state.
• Canada does not grant extradition without a treaty present, however, they can enact legislation allowing for extradition where no treaty exists.
• Canada has treaties with over 90 countries including Germany, Switzerland, the US, etc.
• Nations generally do not have legal authority beyond their own borders, therefore extradition provides a mechanism by which states can be assured that serious crimes do not go unpunished.
• Conflicts can arise over procedures and restrictions of extradition.

Question 23

the UN

Answer 23

• In a series of conferences held among a coalition of world powers, including the US, China, Britain, Soviet Union, the framework of the UN was conceived.
• The principle of sovereign equality was established in 1943 in Moscow.
• The general principles of the charter were signed in 1944
• The charter was signed on June 26 1945 in San Francisco

Question 24

charter of the UN

Answer 24

• The charter is similar to a domestic constitution in that it is a written guideline for the internal organization and management of state affairs
• The charter establishes the concept of a world government by establishing the basic principles to which the international community is to conform