Unit 3 Flashcards
What is the difference between sentencing and disposition?
Sentencing- is the whole process of the judicial determination that is to be imposed on a person. (Process)
Disposition- is the length of time that will be spent in corrections once a sanction is imposed.
What are historical two purposes of sentencing? (Justice model)
- Provide the deserved infliction
2. Prevention of crime
What are the six philosophical rationales of sentencing?
- deterrence
- justice
- selective incapacitate
- rehabilitation
- restoration
- healing
What are the two types of deterrence and their impacts?
Specific deterrence- impacts the individual
General deterrence- impacts society
Restoration rational of sentencing includes what sentancing options?
- imprisonment
- intermittent sentences
- fines
- restitution
- probation
- restorative justice
- absolute and condition discharged
- community based sanctions
- conditional sentences
- a combination of sentence options can be given as well
What were most court cases involved with in 2015 in Canada?
The Criminal Code of Canada (90%)
What are the sentencing laws in Canada?
You must consider all of the sentencing philosophies. (S. 718 C.C.)
- to denounce the unlawful conduct
- to deter the offender and other persons from committing offences
- to separate offenders from society when necessary
- to assist in rehabilitation
- to acknowledge harm done
- to promote a sense of responsibility in offenders
What percentage of offenders are released back into society?
90%
What is the difference between parole and probation?
Parole is conditional release of an inmate from an unfinished sentence of incarceration. (Decision is made by a parole board.)
Probation is a sentence that can allow for a convicted offender to serve their sentence elsewhere than a correctional system.
What is statutory release?
Program designed to release offenders who have not been able to obtain full parole.2/3 of the sentence but be fulfilled before considering statutory release.
What is the rate of recidivism?
The repetition of criminal behavior. Measured by criminal acts committed by individuals under correctional supervision.
2 categories:
- technical violations
- convictions for new offences
What are the predictors of recidivism?
- antisocial or pro-criminal attitudes
- pro-criminal associates
- antisocial personality
- an offenders childhood, family, education, job, etc, can also be factors
What does the parole board do? What factors do they consider for parole of convicted offenders?
Parole board decides on the fate of incarcerated offenders for their chance of parole.
Factors include:
- Criminal record
- Current offence
- Inmates insight into behavior
- Involvement in treatment and training programs
- Behavior and offences while institutionalized
- Previous parole violations
- Inmate plans for employment
What is the percent of a paroles granted?
Fewer than 50% of the applications received are granted.
