final exam review

Question 1

this category of criminal law safeguards the rights of the accused and focuses on legal guilt rather than factual guilt:

a) substantive criminal law
b) procedural criminal law
c) tertiary criminal law
d) all of the above
e) none of the above

Answer 1

b) procedural criminal law

Question 2

this legal element of a crime requires the Crown to prove that the accused acted with a guilty mind (i.e. intent):

a) actus reus
b) causation
c) mens rea
d) all of the above
e) none of the above

Answer 2

c) mens rea

Question 3

which of the following defences is a JUSTIFICATION defence?

a) mental disorder
b) automatism
c) mistake of fact
d) self-defence
e) age

Answer 3

d) self-defence

Question 4

this source of law is the supreme law in Canada, meaning all other sources must conform with the principles found within it:

a) common law
b) statue law
c) case law
d) administrative regulations
e) the constitution

Answer 4

e) the constitution

Question 5

the crime of MURDER is classified as what kind of criminal offence?

a) summary conviction offence
b) hybrid offence
c) indictable offence
d) all of the above
e) none of the above

Answer 5

c) indictable offence

Question 6

which of the following is a common condition of interim release (bail)?

a) accused must report to a police officer
b) accused enters into a recognizance
c) accused agrees not to communicate with witness
d) all of the above
e) none of the above

Answer 6

d) all of the above

Question 7

in this legal aid model, recipients are able to pick their own lawyer and lawyer are paid a set fee:

a) judicare model
b) staff system model
c) mixed model
d) self-help model
e) none of the above

Answer 7

a) judicare model

Question 8

which of the following is a factor that influences the exercise of prosecutorial discretion?

a) sufficient evidence for conviction
b) seriousness of the offence
c) criminal record of the accused
d) all of the above
e) none of the above

Answer 8

d) all of the above

Question 9

which of the following is a reason why prosecutors choose to engage in plea bargaining?

a) it helps them dispose of cases quickly
b) it protects them from the risk of losing the case at trial
c) they may gain additional information about other crimes during the process
d) all of the above
e) none of the above

Answer 9

d) all of the above

Question 10

which of the following factors is taken into account when a judge decides if a person’s right to a speedy trial under s. 11(b) of the Charter has been violated?

a) the length of the delay
b) the reason for the delay
c) whether the accused is prejudiced by the delay
e) all of the above
d) none of the above

Answer 10

d) all of the above

Question 11

this court is the highest court of appeal in Canada

a) federal court of appeal
b) supreme court of canada
c) ontario court of appeal
d) alberta court of appeal
e) none of the above

Answer 11

b) supreme court of canada

Question 12

according to the presumption of innocence in section 11(d) of the charter:

a) every person is presumed guilty until proven innocent
b) every person is presumed innocent until proven guilty
c) the burden of proof lies with the state
d) b and c above
e) a and c above

Answer 12

d) B and C above

Question 13

in which of the following specific circumstances is the ordering of a publication ban mandatory?

a) in trials involving heinous crimes, such as murder
b) in trials where a sexual assault complainant is under 18 and requests a publication ban
c) in trials where publicity would harm the state’s chances of conviction
d) all of the above
e) none of the above

Answer 13

b) in trials where a sexual assault complainant is under 18 and requests a publication ban

Question 14

which of the following instructions are commonly included in the judge’s charge to the jury before the beginning of deliberation:

a) the burden of proof and reasonable doubt
b) elements of the offence, and evidence required to prove the charge
c) procedures to use in deliberation
d) all of the above
e) none of the above

Answer 14

d) all of the above

Question 15

which of the following is a possible outcome when a case is heard by an appeal court?

a) appeal court orders a new trial
b) appeal court acquits the convicted individual’s conviction and sentence
c) appeal court upholds the convicted individual’s conviction and sentence
d) all of the above
e) none of the above

Answer 15

d) all of the above

Question 16

according to this model of court operation, the best way to attain fairness is through ADJUDICATION, which refers to decision making in an open court

a) due process model
b) crime control model
c) restorative justice model
d) all of the above
e) none of the above

Answer 16

a) due process model

Question 17

in their study of nine provincial courts across Canada, Hann et al. (2002) found that significant percentages of the criminally accused:

a) were being wrongfully convicted
b) were being convicted without ever being represented by legal counsel
c) were being acquitted due to court errors
d) were being acquitted due to police misconduct and excluded evidence
e) none of the above

Answer 17

b) were being g convicted without ever being represented by legal counsel

Question 18

the argument the rising number of legally unrepresented accused is placing considerable pressure on other court actors (i.e., prosecutors and judges) who must then assist the accused is a component of the:

a) burden of the court hypothesis
b) burden on the accused hypothesis
c) burden on the system hypothesis
d) all of the above
e) none of the above

Answer 18

a) burden of the court hypothesis

Question 19

the majority of MINOR criminal cases are decided in these courts:

a) courts of limited jurisdiction
b) courts of general jurisdiction
c) provincial appeals courts
d) federal appeals courts
e) none of the above

Answer 19

a) courts of limited jurisdiction

Question 20

several different studies quoted in your textbook suggest that the large majority of criminal cases are:

a) resolved through lengthy criminal trials, often with the accused self-represented
b) resolved through quick criminal trials, with the accused represented by legal aid lawyers
c) resolved without a trial, usually through plea bargaining
d) dismissed before an accused’s first appearance
e) none of the above

Answer 20

c) resolved without a trial, usually through plea bargaining

Question 21

“three strikes” laws are an example of which basic goal of sentencing?

a) healing
b) restoration
c) selective incapacitation
d) rehabilitation
e) none of the above

Answer 21

c) selective incapacitation

Question 22

according to this sentencing model, the “punishment should fit the crime” and extralegal factors should not be considered:

a) deterrence model
b) rehabilitation model
c) healing model
d) justice model
e) none of the above

Answer 22

d) justice model

Question 23

this goal of sentencing focuses mainly on repairing the harm that has been done as the result of a crime:

a) selective incapacitation
b) restoration (or restorative justice)
c) rehabilitation
d) deterrence
e) none of the above

Answer 23

b) restoration (or restorative justice)

Question 24

according to a 2014-15 study cited in your textbook, in cases where an accused was found guilty, the most common sentence handed out (43 percent) was:

a) imprisonment
b) probation
c) fines
d) restitution
e) none of the above

Answer 24

b) probation

Question 25

according to section 718.2(e) of the Criminal Code, sentencing judges should:

a) increase or decrease sentences accounting for aggravating or mitigating factors
b) impose similar sentences on similar offenders who have committed similar offences
c) consider whether combined sentences are unduly long or harsh
d) consider less restrictive sanctions when appropriate
e) pay particular attention to the circumstances of Indigenous offenders and consider sanctions other than imprisonment

Answer 25

e) pay particular attention to the circumstances of Indigenous offenders and consider sanctions other than imprisonment

Question 26

which of the following is NOT a mitigating factor considered by judges in sentencing?

a) first-time offender
b) use of threatened use of a weapon
c) rehabilitative efforts
d) guilty plead and remorse
e) disadvantaged background

Answer 26

b) use of threatened use of a weapon

Question 27

which of the following circumstances will generally render a sentencing circle inappropriate in any given case?

a) the crime is of a serious, violent nature
b) the offender is a repeat offender
c) the offender’s attitude i.e. unwilling to participate in sentencing circle
d) all of the above
e) none of the above

Answer 27

d) all of the above

Question 28

which of the following is true about the representation of Indigenous people in the criminal justice system?

a) indigenous people are under-represented i.e. sentenced to incarceration at a lower rate than their proportion to the general population
b) indigenous people are over-represented i.e. sentenced to incarceration at a higher rate than their proportion to the general population
c) indigenous people are sentenced to incarceration at the same rate as the general population
d) all of the above
e) none of the above

Answer 28

b) indigenous people are over-represented i.e. sentenced to incarceration at a higher rate than their proportion to the general population

Question 29

your textbook suggests that this is the most frequent type of error in wrongful conviction cases:

a) eyewitness errors
b) misleading statements by forensic scientists
c) police failing to disclose exculpatory evidence
d) judges giving improper directions to the jury
e) none of the above

Answer 29

a) eyewitness errors

Question 30

research on victim impact statements in Canada shows that:

a) they have had a clear impact on length and severity of sentences
b) they have had an unclear impact on length and severity of sentences
c) they have been used unevenly across Canada
d) B and C above
e) A and C above

Answer 30

d) B and C above

Question 31

which of these sentencing goals is most consistent with ISP?

a) rehabilitation
b) restoration
c) punishment
d) denunciation

Answer 31

c) punishment

Question 32

according to experts, which of these aspects of probation case management is most critical to probationer success?

Answer 32

question omitted

Question 33

gillian is a probation officer who is responsible for assessing each of her probationer’s likelihood of re-offence. Which of these principles is Gillian assessing?

a) negotiation
b) need
c) risk
d) responsivity

Answer 33

c) risk

Question 34

which of the following is NOT a key component of the RNR model of community correctional treatment?

a) responsivity
b) negotiation
c) risk
d) need

Answer 34

b) negotiation

Question 35

where do most convicted offenders serve their sentences in Canada?

a) in remand settings
b) in the community
c) in provincial custody
d) in federal custody

Answer 35

b) in the community

Question 36

martha believes that for punishment to be most effective it must be guaranteed that those who commit an offence receive a criminal sentence. Which of these principles of punishment is Martha in support of?

a) compensation of punishment
b) certainty of punishment
c) swiftness of punishment
d) severity of punishment

Answer 36

b) certainty of punishment

Question 37

how is crime controlled through general deterrence?

a) through the punishment of individual convicted offenders
b) through social control of the general population
c) through the treatment of individual convicted offenders
d) through retribution for harm caused to the community

Answer 37

b) through social control of the general population

Question 38

which of these statements describes determinate sentencing?

a) a pre-determined period of incarceration that is decided through case law and cannot be reduced by a judge or correctional official
b) a fixed period of incarceration that is decided by the legislature and cannot be reduced by a judge or correctional official
c) a flexible term of incarceration that is decided by the legislature but can be adapted by a judge or correctional official
d) an undetermined term of incarceration that is decided through case law but can be adapted by a judge or correctional official

Answer 38

b) a fixed period of incarceration that is decided by the legislature and cannot be reduced by a judge or correctional official

Question 39

which of the following is NOT an example of an alternative sanction?

a) incarceration
b) diversion
c) community service
d) probation

Answer 39

a) incarceration

Question 40

which level of government determines the proportionality of sentences in Canada?

a) federal
b) provincial/territorial
c) regional
d) municipal

Answer 40

a) federal

Question 41

which of the following statements best reflects the nature of custodial sentences imposed by adult criminal courts?

a) most custodial sentences are very long i.e. more than two years
b) long periods of custody (2+ years) are the type of custodial sentence given out most often
c) in general, long custodial sentences (2+ years) are rarely imposed
d) all of the above
e) none of the above

Answer 41

c) in general, long custodial sentences (2+ years) are rarely imposed

Question 42

this prison security level designation for offenders is defined as “likely to escape but would not cause serious harm”:

a) maximum security
b) medium security
c) minimum security
d) all of the above
e) none of the above

Answer 42

b) medium security

Question 43

which of the following statements is true about Indigenous inmates?

a) they serve more of their sentence before first release
b) they are over-represented in maximum security institutions and under-represented in community supervision programs
c) they are more likely to be involved in use of force intervention, institutional security incidents, and segregation placements
d) all of the above
e) none of the above

Answer 43

d) all of the above

Question 44

which of the following is an aspect of the prison code of inmate society?

a) do not interfere with other inmates
b) do not lose your head (stay cool)
c) be tough and loyal to inmates over prison staff
d) all of the above
e) none of the above

Answer 44

d) all of the above

Question 45

this terminology refers to a (concerning and problematic) form of administrative segregation in prisons:

a) dehumanization
b) resegregation
c) solitary confinement
d) all of the above
e) none of the above

Answer 45

c) solitary confinement

Question 46

the correctional ideology called the “Reintegration Approach” is based on which of the following assumptions?

a) only the most serious offenders should be sentenced to incarceration
b) use of alternative sanctions should be maximized
c) harsh sentences are the only way to deter crime and need to be used more
d) all of the above
e) only A and B above

Answer 46

e) only A and B above

Question 47

which of the following is a key factor in risk assessment?

a) risk
b) need
c) responsivity
d) all of the above
e) none of the above

Answer 47

d) all of the above

Question 48

any offender still serving a sentence after 15 years has the right to apply for a judicial review of parole eligibility. This is referred to as:

a) mandatory parole eligibility review
b) the faint hope clause
c) statue of parole limitations
d) the shawshank redemption clause
e) none of the above

Answer 48

b) the faint hope clause

Question 49

this agency is the primary agency that determines conditional release based on risk of future offending:

a) parole board of canada
b) correctional services of canada
c) sentencing review panel
d) government of canada release review board
e) none of the above

Answer 49

a) parole board of canada

Question 50

which of the following has been argued to be a factor related to desistance from crime?

a) age
b) marital status
c) employment
d) all of the above
e) none of the above

Answer 50

d) all of the above