Unit 3 Test C Flashcards
Conditional sentence vs suspended sentence
Conditional- sentence of imprisonment is imposed, but the offender is released on a conditional order. Offender MUST remain in territorial jurisdiction of the court. Offender may attend a treatment program. Offender MAY immediately be imprisoned to serve original sentence if conditional order is breached.
Suspended- sentence is NOT imposed, but the offender is released on a probation order. Offender MAY be ordered to stay within the territorial jurisdiction of the court. Offender MAY be ordered to attend a treatment program, but ONLY if the offender agrees. Offender may be sent back to a trial judge to be sentenced if the original probation is breached.
R.v.M
A vice principal received information that a 13 year old student planned to sell drugs at a school dance. The vice principal called him and and his friend to his office and searched them for drugs and found marijuana in his sock. An RCMP officer was in the office and told M he was under arrest for possession of an illegal substance. The student’s mom wasn’t answering the phone. Then the vice principal searched the locker where no more drugs were found. At trial he argued his rights were violated and the charges were dismissed. He was then ordered a new trial at the Supreme Court due to his right being violated.
Trafficking
Section 4- no person shall traffic in a narcotic or any substance represented or held out by the person to be a narcotic.
Traffic means to make, sell, give, administer, transport, send, deliver, or distribute.
Controlled drugs
It’s NOT an offence to have these drugs, though it’s still an offence to traffic these drugs or have them with the purpose of trafficking.
Restricted drugs
They cannot legally be in someone’s possession without a prescription. If there’s no prescription it is an offence. Trafficking or having it with the purpose of trafficking is also an offence.
John Howard Society of Ontario
Goals- to promote effective, just, and humane responses to crime and its causes.
Services provided- counselling, life, skills, employment, housing assistance, literary classes, and visiting in local institutions.
How services can be accessed- through website or contacting directly.
Elizabeth Fry Society
Goals- supporting women involved in the Canadian justice system, advocating for their rights, and promoting community integration and transformative justice.
Services provided- advocacy, support, and access to resources with programs focusing on prevention, reintegration, and empowerment.
How to access services- call, fax, email, mail
R.v.L. (KEJ)
L pleaded guilty to 12 counts of residential break and enters, one count of theft of a motor vehicle, and one count of being unlawfully at large. He had a record of previous convictions. He was addicted to cocaine and his latest crime spree was to pay for his addiction. He’s been in the care of CFS since he was 8 with 27 different placements. He was sentenced to 60 days of open custody, 30 days of community supervision, and 18 months of supervised probation. Months late he was sentenced to 6 months of secure custody, open custody, and community supervision.
Rules of evidence
Reasons the crown, prosecutor, or defence counsel may object to a question:
-the matter is not relevant
-the question calls for hearsay (witnesses can only testify from what they know from personal knowledge. They cannot repeat what they heard someone say).
-Opinion (only after a witness has been qualified and accepted by the court as an expert can they be asked for an opinion.
-Counsel is leading the witness (counsel must allow their witnesses to tell their own story. The expected answer cannot be indicated by the wording of the question).
-the answer is unresponsive (the witness’ response does not address the question asked).
Factors a judge must consider during sentencing
-the charter
-the crown
-the defence’s submission
-a pre-sentence report
-the accused’s criminal record
-a plea bargain
-public opinion
-availability of resources
-pre-trial custody
-a guilty plea
-precedents
-sentencing principles
-the community
-the criminal code
-parole rules
-a victim impact statement
-a penitentiary or reformatory
Release programs
Escorted absences- granted any time for 5 to 15 days.
Unescorted absences- granted after one sixth of sentence has been served or six years depending on which is greater. Duration is 2 days if in medium security, or 3 days if in minimum security.
Day parole- granted before full parole. Duration is daily but you must return to a halfway house at night.
Full parole- granted after one third of sentence has been served or seven years whichever is less. Duration is until completion of sentence if conditions are followed.
Statutory release- after two thirds of sentence has been served. Duration is until completion of sentence if conditions are followed.
Dangerous offender
A person who has committed a serious personal injury offence and threatens the life and safety of others.
Victim impact statement
A statement made by the victim outlining how the offence impacted their life.
Specific deterrence
A sentencing objective that discourages a particular offender from committing the same offence.
R.v.R.C.
13 year old R.C stabbed his mother in the foot with a pen after she dumped dirty laundry on him. After stabbing his mother, he punched her in the face until his uncle intervened and called the police. R.C pleaded guilty to assault with a weapon and was given 4 months probation and ordered to attend anger management therapy.
Salvation Army
Goal- to share the love of Jesus Christ, meet human needs, be a transforming influence in communities, focus on eradicating poverty, caring for the struggling, and providing assistance, shelter, and services.
Services provided- hunger relief through food banks and meals, shelter and housing support, addiction rehabilitation, and mental health services along with programs for kids, families, and disaster relief.
Services accessed- call, or contact your local Salvation Army ministry
Aboriginal justice learning network
Goals- to allow indigenous people the opportunity to assume greater responsibility for the administration of justice in their communities.
Services provided- community based programs, mediations and culturally appropriate legal advice and representation.
Services accessed- website
Association in defence of the wrongly convicted
Goals- to identify, advocate for, and exonerate wrongly convicted individuals, while also preventing future wrongful convictions through legal education and justice system reform.
Services provided-same as goals
Access services- website
