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36 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What are the objectives to sentencing? |
Denounce the unlawful conduct
Deter the offenders and others from committing crimes
Separate offenders from society
Assist in rehabilitating offenders.
Reparation for harm done to victim or the community
Promote a sense of responsibility in offenders an acknowledgement of the harm done to victims and the community |
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What are the general principles of sentencing? |
Sentencing should reflect the seriousness of the offense, responsibility of offenders, and aggravating or mitigating factors
Sentencing consistency
Consecutive sentences shouldn't be unduly harsh
Offender's liberties shouldn't be deprived, if less restrictive sanctions are appropriate
Alternatives to imprisonment that are reasonable in the circumstances should be considered |
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What are three types of goals of sentencing? |
Utilitarian goals Retributive goals Restorative goals. |
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What are utilitarian goals of sentencing? |
Focuses on the future conduct of offenders and others who might commit similar offences |
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How does utilitarian goal sentencing protect the public from future crimes? |
General deterrence: discouraging potential offenders from crime
Specific deterrence: discouraging offenders from doing it again
Rehabilitation: curing offenders of what made them do it.
Incapacitation: keeping offenders in jail to protect Society |
R.I.G.S |
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What are retributive goals of sentencing? |
Focuses on the past
Denunciation: expressing society's disapproval of offenders behavior
Retribution: offenders pay based on philosophy "eye for an eye"
Proportionality: sentence is proportionate to the offence and the degree of responsibility |
D.R.P |
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What are eight sentencing options? |
Absolute discharge Conditional discharge Suspended sentence Fine Intermittent sentence Probation Conditional sentence Imprisonment |
P.A.C.S.F.I.C.I |
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What is absolute discharge? |
Offender is found guilty
But is technically not convicted and is set free with no criminal record
Police will only hold record for 6 months |
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What is a conditional discharge? |
Offenders found guilty and released on the conditions of a probation order
If conditions met, no criminal record
Prosecuted for original charge if conditions aren't met |
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What is a suspended sentence? |
The offender is placed on probation
Successful completion results in no sentence being given
There's a criminal record |
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What is a fine? |
Paying a specific amount of money within a specified time
Or face imprisonment for fine default |
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What's an internment sentence? |
The offender goes to jail during the weekends or weekdays
When not in custody, subject to probation order with conditions
Available only for sentences less than 90 days |
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What is a conditional sentence? |
Serves their time in the community
Under the supervision of a probation officer with conditions
Available for sentences under two years |
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What is probation? |
The offender is placed under Supervision in the community for a specified time Follow general conditions and specific conditions to probation Maximum duration is three years |
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What are three different types of sentences? |
Concurrent sentencing Consecutive sentencing Intermittent sentencing |
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What is concurrent sentencing? |
Sentences that are served simultaneously |
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What is consecutive sentence? |
Sentence that run separately and are completed one after another |
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What is judicial determination? |
An order by the sentencing judge That the offender serves one-half of the sentence before being eligible to apply for parole |
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What is a dangerous offender? |
A designation made by the judge after conviction
That results in an indeterminate term of imprisonment In a federal correctional institution |
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What is the purpose of the dangerous offenders section? |
To identify those persons with unacceptable propensities for violence To incapacitate them to protect the public interest |
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What is a long-term offender? |
Designation that requires the offender to spend up to 10 years under supervision following the expiry of their sentence |
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What is the purpose for long-term offender option? |
When the case falls short of the criteria for filling a dangerous offenders application |
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What are different sentencing considerations? |
Aggravating circumstance Mitigated circumstance Case law precedent Pre-sentence reports Victim Impact statement Psychological assessment Aboriginal offenders |
M.V.P.C.A.P.A |
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What are aggravating circumstances? |
Negative facts about the offender and the offense That increase the severity of a sentence |
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What are mitigating circumstances? |
Positive facts about the offender and the offence That decreases the severity of the sentence |
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What is case law precedent? |
Judges will consider sentencing decisions in previous cases |
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What are pre-sentence reports? |
Report by the probation officer
Presents information on: The offender's background Present situation Risk or needs
Sets out options for sentencing that the judge will consider |
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What is the victim impact statement? |
Contain information on the psychological and physical harm done to the victim
And the consequences of the victimization |
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What are psychological assessments? |
These are completed on offenders and address that mental state and treatment needs |
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How does being an Aboriginal offender affect sentencing? |
Section 718.2 requires judges to consider alternatives to incarceration for Aboriginal offenders |
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What is collateral consequence of sentencing? |
The sanctions and prohibitions that are placed on Persons convicted of criminal offences (and their families)
Particularly those offenders who have been incarcerated (E.g cant get student loans or certain jobs) |
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What is The Gladue decision? |
The decision by the Supreme Court Canada That held that when a term of incarceration would normally be imposed Judges must consider the unique circumstance of Aboriginal people |
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What is statutory guidance? |
Judges look for guidance for sentencing in Parliament statutes Such as the criminal code and controlled drugs and Substances Act Maximum sentences of specified in some mandatory minimum sentences |
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How do judges decide? |
Statutory guidance Maximum sentence Mandatory minimum sentence. Appellate decisions and legal precedents |
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What are different aggravating factors? |
Child or spousal abuse, abuse of trust Priors, premeditation Force, injury, vulnerability of victims Value of goods |
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What are different mitigating factors? |
Situation, provocation, needs Psychological problems, addiction, victim of abuse Aboriginal status |
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