Unit 5 Law Test:

Question 1

Protection of the public

Answer 1

to separate offenders from society

Question 2

Retribution

Answer 2

it reflects the offender should suffer from causing injuries to others

Question 3

Deterrence

Answer 3

repaying victims and/or the community for harm done.

Question 4

Rehabilitation

Answer 4

to assist or rehabilitate offenders so they can avoid a life of crime.

Question 5

Denouncing Unlawful Conduct

Answer 5

To make it clear to the offender that what he or she did was wrong from the viewpoint of society

Question 6

Pre-Sentence report

Answer 6

background information about the convicted offender prepared for the judge before sentencing

Question 7

psychiatric assessment

Answer 7

a report describing the mental history of the offender

Question 8

Victim impact sentences:

Answer 8

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

Question 9

Absolute discharge

Answer 9

offender is released without conditions and with no criminal record

Question 10

Conditional discharge

Answer 10

the offender is released with conditions or terms, which if completed result in no criminal record for the offender

Question 11

Suspended sentence and probation

Answer 11

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

Question 12

Peace bond

Answer 12

includes staying away from a certain person or place for up to 12 months, the result is all charged withdrawn

Question 13

Restitution

Answer 13

requires the offender to “payback” the victim for the harm or loss he or she has created (comes in the form of money)

Question 14

community service

Answer 14

this sentence orders the offender to perform specific work in the community

Question 15

deportation

Answer 15

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.

Question 16

fines

Answer 16

For many summary conviction offenses, an offender may be fined instead of receiving another type of sentence.

Question 17

Restorative Justice

Answer 17

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.

Question 18

Youth criminal justice system (explain)

Answer 18

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”.

Question 19

Legal rights of young people

Answer 19

• 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.

Question 20

YCJS

Answer 20

• 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.

Question 21

Sentencing Options

Answer 21

• Discharges
• Fines
• Compensation
• Personal Service
• Probation
• Reprimand
• Intense support and monitoring
• Attendance order

Question 22

What year did YCJA replace the Young Offenders Act?

Answer 22

1982