Unit 5 Law Test: Flashcards
Protection of the public
to separate offenders from society
Retribution
it reflects the offender should suffer from causing injuries to others
Deterrence
repaying victims and/or the community for harm done.
Rehabilitation
to assist or rehabilitate offenders so they can avoid a life of crime.
Denouncing Unlawful Conduct
To make it clear to the offender that what he or she did was wrong from the viewpoint of society
Pre-Sentence report
background information about the convicted offender prepared for the judge before sentencing
psychiatric assessment
a report describing the mental history of the offender
Victim impact sentences:
a sentence prepared b the crime victim or a family member describing the harm done or the loss suffered as a result of the offence
Absolute discharge
offender is released without conditions and with no criminal record
Conditional discharge
the offender is released with conditions or terms, which if completed result in no criminal record for the offender
Suspended sentence and probation
is a punishment that is not carried out as long as certain conditions are met; this sentence usually involves probation. a punishment that allows an offender to live in the community, but with certain conditions and supervision
Peace bond
includes staying away from a certain person or place for up to 12 months, the result is all charged withdrawn
Restitution
requires the offender to “payback” the victim for the harm or loss he or she has created (comes in the form of money)
community service
this sentence orders the offender to perform specific work in the community
deportation
If a non-citizen commits a criminal offense in Canada, it is possible to sentence him or her to be deported—sent back to his or her country of origin.
fines
For many summary conviction offenses, an offender may be fined instead of receiving another type of sentence.
Restorative Justice
Restorative justice refers to an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime.
Youth criminal justice system (explain)
The Youth Criminal Justice Act (YCJA) applies to young people who are 12-17 years
old. The law says a person is an adult at age 18. At age 18, the YCJA does not apply.
Offenders are referred to as “young persons”.
Legal rights of young people
- Young people have the same access to the Charter of Rights concerning arrest and detention.
- In 1988 the Supreme Court ruled that school authority is entitled to a search based on mere suspicion
- To be detained separately from adults.
- Fingerprints and photographs are to be destroyed if the case is dismissed or if the accused is acquitted.
- All trials are held in Youth Courts by Judge only (no jury)
- Trials are open to the public and the media but the identity of the accused or any other young person involved cannot be revealed.
- In certain cases, an adult sentence can be imposed but the accused must be at least 14 years of age at the time of the offence and the offences must be violent.
- Sentencing of a Young Offender is called a disposition which is not as harsh as adult punishments.
- All records of a case will be destroyed if there have been 2 years of crime-free behaviour.
YCJS
- Prevent crime
- Rehabilitation and reintegration of young persons into society
- Create meaningful consequences for offences
- Legal measures and procedures are to be consistent with the reduced level of maturity of young persons.
- Interventions are to be fair and proportional to the severity of the offence.
- Protect the rights of young people.
- Parents are informed and encouraged to participate in addressing the young person’s offending behaviour.
Sentencing Options
- Discharges
- Fines
- Compensation
- Personal Service
- Probation
- Reprimand
- Intense support and monitoring
- Attendance order
What year did YCJA replace the Young Offenders Act?
1982